Department of State Pt. 42 for categories of nonimmigrant visas these regulations and guidance from specified in the order of the Secretary the Department. Once the sanction (or his or her designee), and pursuant under INA 243(d) is lifted, no new appli- to procedures dictated by the Depart- cation processing fee is required in ment. cases where issuance has been discon- (b) Discontinuance procedure—(1) Ap- tinued pursuant to an INA 243(d) order, plications refused or discontinued only. and consular officers in the affected Starting on the day the Secretary’s (or post must adjudicate the visa con- designee’s) order to discontinue grant- sistent with regulations and Depart- ing visas takes effect (effective date), ment guidance. Consular officers may no visas falling within the scope of the require applicants to update the visa order, as described by the order, may application forms, must conduct any be issued in the referenced country to necessary adjudicatory steps, and may an applicant who falls within the scope re-interview the applicant to deter- of the order, except as otherwise ex- mine eligibility. pressly provided in the order or related [84 FR 16612, Apr. 22, 2019] Department instructions. Beginning on the effective date, a consular officer PART 42—VISAS: DOCUMENTATION must refuse the visa if the individual is not eligible for the visa under INA OF IMMIGRANTS UNDER THE IM- 212(a), INA 221(g), or other applicable MIGRATION AND NATIONALITY law, but if the applicant is otherwise ACT, AS AMENDED eligible, must process the application by discontinuing granting, regardless Subpart A—Visa and Passport Not of when the application was filed, if the Required for Certain Immigrants applicant falls within the scope of the Sec. order and no exception applies. The ap- 42.1 Aliens not required to obtain immi- plication processing fee will not be re- grant visas. funded. The requirement to discontinue 42.2 Aliens not required to present pass- issuance may not be waived, and con- ports. tinues until the sanction is terminated Subpart B—Classification and Foreign State as described below. Chargeability (2) Geographic applicability. Visa sanc- tions under INA 243(d) only apply to 42.11 Classification symbols. visa issuance in the country that is 42.12 Rules of chargeability. sanctioned. If a consular officer has a reason to believe that a visa applicant Subpart C—Immigrants Not Subject to potentially subject to INA 243(d) sanc- Numerical Limitations of INA 201 and 202 tions is applying at a post outside the 42.21 Immediate relatives. sanctioned country to evade visa sanc- 42.22 Returning resident aliens. tions under INA 243(d) (e.g., the appli- 42.23 Certain former U.S. citizens. cant provides no credible explanation 42.24 Adoption under the Hague Convention for applying outside the country), the on Protection of Children and Co-oper- consular officer will transfer the case ation in Respect of Intercountry Adop- tion and the Intercountry Adoption Act to the consular post in the consular of 2000. district where INA 243(d) sanctions apply, review any other applicable De- Subpart D—Immigrants Subject to partment instructions, and proceed ac- Numerical Limitations cordingly. When cases are transferred to a consular district where INA 243(d) 42.31 Family-sponsored immigrants. 42.32 Employment-based preference immi- sanctions apply, the adjudication will grants. be subject to the discontinuation of 42.33 Diversity immigrants. issuance under the sanctions. (c) Termination of sanction. The De- Subpart E—Petitions partment shall notify consular officers 42.41 Effect of approved petition. in an affected country when the sanc- 42.42 Petitions for immediate relative or tion under INA 243(d) has been lifted. preference status. After notification, normal consular op- 42.43 Suspension or termination of action in erations may resume consistent with petition cases. 185 VerDate Sep<11>2014 10:03 Sep 16, 2020 Jkt 250079 PO 00000 Frm 00195 Fmt 8010 Sfmt 8010 Y:\SGML\250079.XXX 250079 § 42.1 22 CFR Ch. I (4–1–20 Edition) Subpart F—Numerical Controls and Priority Subpart A—Visa and Passport Not Dates Required for Certain Immigrants 42.51 Department control of numerical limi- tations. § 42.1 Aliens not required to obtain im- 42.52 Post records of visa applications. migrant visas. 42.53 Priority date of individual applicants. An immigrant within any of the fol- 42.54 Order of consideration. lowing categories is not required to ob- 42.55 Reports on numbers and priority dates tain an immigrant visa: of applications on record. (a) Aliens lawfully admitted for perma- nent residence. An alien who has pre- Subpart G—Application for Immigrant viously been lawfully admitted for per- Visas manent residence and who is not re- 42.61 Place of application. quired under the regulations of the De- 42.62 Personal appearance and interview of partment of Homeland Security to applicant. present a valid immigrant visa upon re- 42.63 Definitions. turning to the United States. 42.64 Passport requirements. (b) Alien members of U.S. Armed Forces. 42.65 Supporting documents. An alien member of the U.S. Armed 42.66 Medical examination. Forces bearing military identification, 42.67 Execution of application, registration, who has previously been lawfully ad- and fingerprinting. mitted for permanent residence and is 42.68 Informal evaluation of family mem- coming to the United States under offi- bers if principal applicant precedes them. cial orders or permit of those Armed Subpart H—Issuance of Immigrant Visas Forces. (c) Aliens entering from Guam, Puerto 42.71 Authority to issue visas; visa fees. Rico, or the Virgin Islands. An alien who 42.72 Validity of visas. has previously been lawfully admitted 42.73 Procedure in issuing visas. for permanent residence who seeks to 42.74 Issuance of new, replacement, or dupli- enter the continental United States or cate visas. any other place under the jurisdiction of the United States directly from Subpart I—Refusal, Revocation, and Guam, Puerto Rico, or the Virgin Is- Termination of Registration lands of the United States. 42.81 Procedure in refusing immigrant (d) Child born after issuance of visa to visas. accompanying parent. An alien child 42.82 Revocation of visas. born after the issuance of an immi- 42.83 Termination of registration. grant visa to an accompanying parent, 42.84 Discontinuance of granting immigrant who will arrive in the United States visa pursuant to INA 243(d). with the parent, and apply for admis- AUTHORITY: 8 U.S.C. 1104 and 1182; Pub. L. sion during the period of validity of the 105–277, 112 Stat. 2681; Pub. L. 108–449, 118 visa issued to the parent. Stat. 3469; The Convention on Protection of (e) Child born of a national or lawful Children and Co-operation in Respect of permanent resident mother during her Intercountry Adoption (done at the Hague, temporary visit abroad. An alien child May 29, 1993), S. Treaty Doc. 105–51 (1998), born during the temporary visit abroad 1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); 42 of a mother who is a national or lawful U.S.C. 14901–14954 (Pub. L. 106–279, 114 Stat. 825); 8 U.S.C. 1101 (Pub. L. 111–287, 124 Stat. permanent resident of the United 3058); 8 U.S.C. 1154 (Pub. L. 109–162, 119 Stat. States if applying for admission within 2960); 8 U.S.C. 1201 (Pub. L. 114–70, 129 Stat. 2 years of birth and accompanied by ei- 561). ther parent applying and eligible for readmission as a permanent resident SOURCE: 52 FR 42613, Nov. 5, 1987, unless upon that parent’s first return to the otherwise noted. United States after the child’s birth. EDITORIAL NOTE: Nomenclature changes to (f) American Indians born in Canada. part 42 appear at 71 FR 34522, June 15, 2006. An American Indian born in Canada and having at least 50 per centum of blood of the American Indian race. 186 VerDate Sep<11>2014 10:03 Sep 16, 2020 Jkt 250079 PO 00000 Frm 00196 Fmt 8010 Sfmt 8010 Y:\SGML\250079.XXX 250079 Department of State § 42.11 § 42.2 Aliens not required to present (e) Nationals of Communist-controlled passports. countries. An alien who is a national of An immigrant within any of the fol- a Communist-controlled country and lowing categories is not required to who is unable to obtain a passport from present a passport in applying for an the government of that country, and immigrant visa: accompanying spouse and unmarried (a) Certain relatives of U.S. citizens. An son or daughter. alien who is the spouse, unmarried son (f) Alien members of U.S. Armed Forces. or daughter, or parent, of a U.S. cit- An alien who is a member of the U.S. izen, unless the alien is applying for a Armed Forces. visa in the country of which the appli- (g) Beneficiaries of individual waivers. cant is a national and the possession of (1) An alien who would be within one of a passport is required for departure. the categories described in paragraphs (b) Returning aliens previously lawfully (a) through (d) of this section except admitted for permanent residence. An that the alien is applying for a visa in alien previously lawfully admitted for a country of which the applicant is a permanent residence who is returning national and possession of a passport is from a temporary visit abroad, unless required for departure, in whose case the alien is applying for a visa in the the passport requirement has been country of which the applicant is a na- waived by the Secretary of State, as tional and the possession of a passport evidence by a specific instruction from is required for departure.