CFR > Title 22 - Foreign Relations > CHAPTER I—DEPARTMENT OF STATE > SUBCHAPTER E—VISAS (parts 40 to 47) > PART 40—REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED > SUBPART I—Ineligible for Citizenship. (§40.81 to §40.83-40.89) > 40.82—Alien who departed the United States to avoid service in the armed forces.

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.