9 FAM 202
Non-visa travelers

9 FAM 202.1

U.S. citizens and nationals

(CT:VISA-611;   06-27-2018)
(Office of Origin:  CA/VO/L/R)

9 fam 202.1-1  statutory and regulatory Authorities

9 FAM 202.1-1(A)  Immigration and Nationality Act

(CT:VISA-611;   06-27-2018)

INA 215(b) (8 U.S.C. 1185(b)).

9 FAM 202.1-1(B)  Code of Federal Regulations

(CT:VISA-611;   06-27-2018)  

22 CFR 40.2(a).

9 fam 202.1-2  visa-related issues with u.s. citizens

(CT:VISA-611;   06-27-2018)

a. Processing Visa Applications for Aliens Who May Have a Claim to U.S. Citizenship:

(1)  Nonimmigrant Visa Applicants:  You may not issue a visa to an individual who has been determined to be a U.S. citizen.  However, if a nonimmigrant visa applicant with a possible claim to U.S. citizenship is unable or unwilling to delay travel until he or she has been able to obtain documents to establish that status, as determined by the post’s citizenship and passport officer, you may presume that the applicant is an “alien” pursuing a nonimmigrant visa application.  If you find the presumed alien eligible to receive the visa then you may issue the visa.

(2)  Immigrant Visa Applicants: Under 22 CFR 40.2(a), a U.S. citizen is not eligible to receive an immigrant visa.  If an immigrant visa applicant has a possible claim to U.S. citizenship, post’s citizenship and passport officer must resolve the citizenship issue before you may take final action on the visa application.  If the matter cannot be resolved that same day, the visa officer should deny the immigrant visa application under INA 221(g) pending resolution of the citizenship issue.  Any doubts regarding the applicant’s U.S. citizenship status must be resolved before the visa officer may take final action on the visa application.

b. Child Born in the United States to Aliens on Official Assignment:  A child born in the United States to alien parents who are in the United States on assignment for a foreign government is considered to be a U.S. citizen.  However, a child born to alien parents who, at the time of the child’s birth were “not subject to the jurisdiction of the United States”, such as ambassadors, envoys, ministers and other persons as set forth in 7 FAM 1111 (d)(2) are not considered U.S. citizens.  Any doubtful cases should be determined by post’s citizenship and passport officer.

c.  Applications for Visas for Certain Dual National Children:

(1)  You should advise parents who apply for visas for dual national children that regulations prohibit the issuance of a visa or other documentation to a U.S. citizen or national for entry into the United States as an alien. The children of foreign government officials, however, may use their foreign passport for entry into the United States.

(2)  After the U.S. citizenship of a child has been determined by a citizenship officer, the consular officer may, to avoid delay or difficulty, give a written statement to the parents for presentation to carriers or immigration officials. The statement should make clear that the bearer of the foreign passport is a dual national child of a foreign government official or employee who is traveling to the United States on official business and as such may enter the United States on the foreign passport as an exception to the provisions of INA 215(b) regarding valid passport requirement.