22 C.F.R. § 40.81 Ineligible for citizenship.
An alien will be ineligible to receive an immigrant visa under INA 212(a)(8)(A) if the alien is ineligible for citizenship, including as provided in INA 314 or 315.
CFR Subpart I
CFR Subpart I
in effect22 C.F.R. § 40.82 Alien who departed the United States to avoid service in the armed forces.
(a) Applicability to immigrants. INA 212(a)(8)(A) applies to immigrant visa applicants who have departed from or remained outside the United States between September 8, 1939 and September 24, 1978, to avoid or evade training or service in the United States Armed Forces.
(b) Applicability to nonimmigrants. INA 212(a)(8)(B) applies to nonimmigrant visa applicants who have departed from or remained outside the United States between September 8, 1939 and September 24, 1978 to avoid or evade training or service in the U.S. Armed Forces except an alien who held nonimmigrant status at the time of such departure.
Source: eCFRURL: https://www.ecfr.gov/api/versioner/v1/full/2024-07-01/title-22.xmlFetched: 7/26/2026