PART 42—VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED Authority: 8 U.S.C. 1104 and 1182; Pub. L. 105-277, 112 Stat. 2681; Pub. L. 108-449, 118 Stat. 3469; The Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (done at the Hague, May 29, 1993), S. Treaty Doc. 105-51 (1998), 1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); 42 U.S.C. 14901-14954 (Pub. L. 106-279, 114 Stat. 825); 8 U.S.C. 1101 (Pub L. 117-31, 135 Stat. 309); 8 U.S.C. 1154 (Pub. L. 109-162, 119 Stat. 2960); 8 U.S.C. 1201 (Pub. L. 114-70, 129 Stat. 561). Source: 52 FR 42613, Nov. 5, 1987, unless otherwise noted. Editorial Note: Nomenclature changes to part 42 appear at 71 FR 34522, June 15, 2006. Subpart A—Visa and Passport Not Required for Certain Immigrants § 42.1 Aliens not required to obtain immigrant visas. An immigrant within any of the following categories is not required to obtain an immigrant visa: (a) Aliens lawfully admitted for permanent residence. (b) Alien members of U.S. Armed Forces. (c) Aliens entering from Guam, Puerto Rico, or the Virgin Islands. (d) Child born after issuance of visa to accompanying parent. (e) Child born of a national or lawful permanent resident mother during her temporary visit abroad. (f) American Indians born in Canada. § 42.2 Aliens not required to present passports. An immigrant within any of the following categories is not required to present a passport in applying for an immigrant visa: (a) Certain relatives of U.S. citizens. (b) Returning aliens previously lawfully admitted for permanent residence. (c) Certain relatives of aliens lawfully admitted for permanent residence. (d) Stateless persons. (e) Nationals of Communist-controlled countries. (f) Alien members of U.S. Armed Forces. (g) Beneficiaries of individual waivers. (2) An alien unable to obtain a passport and not within any of the foregoing categories, in whose case the passport requirement imposed by § 42.64(b) or by DHS regulations has been waived by the Secretary of Homeland Security and the Secretary of State as evidenced by a specific instruction from the Department. [52 FR 42613, Nov. 5, 1987, as amended at 56 FR 49680, Oct. 1, 1991] Subpart B—Classification and Foreign State Chargeability § 42.11 Classification symbols. An immigrant visa issued to an applicant who applies to one of the classes described below shall bear an appropriate visa symbol to show its classification. Table 1 to § 42.11 Symbol Class Section of law Immediate Relatives IR1 Spouse of U.S. Citizen INA 201(b). IR2 Child of U.S. Citizen INA 201(b). IR3 Orphan Adopted Abroad by U.S. Citizen INA 201(b) & INA 101(b)(1)(F). IH3 Child from Hague Convention Country Adopted Abroad by U.S. Citizen INA 201(b) & INA 101(b)(1)(G). IR4 Orphan to be Adopted in U.S. by U.S. Citizen INA 201(b) & INA 101(b)(1)(F). IH4 Child from Hague Convention Country to be Adopted in U.S. by U.S. Citizen INA 201(b) & INA 101(b)(1)(G). IR5 Parent of U.S. Citizen at Least 21 Years of Age INA 201(b). CR1 Spouse of U.S. Citizen (Conditional Status) INA 201(b) & INA 216. CR2 Child of U.S. Citizen (Conditional Status) INA 201(b) & INA 216. IW1 Certain Spouses of Deceased U.S. Citizens INA 201(b). IW2 Child of IW1 INA 201(b). IB1 Self-petition Spouse of U.S. Citizen INA 204(a)(1)(A)(iii). IB2 Self-petition Child of U.S. Citizen INA 204(a)(1)(A)(iv). IB3 Child of IB1 INA 204(a)(1)(A)(iii). IB5 Self-petition Parent of U.S. Citizen INA 204(a)(1)(A)(vii). VI5 Parent of U.S. Citizen Who Acquired Permanent Resident Status under the Virgin Islands Nonimmigrant Alien Adjustment Act INA 201(b) & Section 2 of the Virgin Islands Nonimmigrant Alien Adjustment Act (Pub. L. 97-271). Vietnam Amerasian Immigrants AM1 Vietnam Amerasian Principal Section 584(b)(1)(A) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Pub. L. 100-102) as amended. AM2 Spouse or Child of AM1 Section 584(b)(1)(A) and 584(b)(1)(B) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Pub. L. 100-102) as amended. AM3 Natural Mother of AM1 (and Spouse or Child of Such Mother) or Person Who has Acted in Effect as the Mother, Father, or Next-of-Kin of AM1 (and Spouse or Child of Such Person) Section 584(b)(1)(A) and 584(b)(1)(C) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Pub. L. 100-102) as amended. Special Immigrants SB1 Returning Resident INA 101(a)(27)(A). SC1 Person Who Lost U.S. Citizenship by Marriage INA 101(a)(27)(B) & INA 324(a). SC2 Person Who Lost U.S. Citizenship by Serving in Foreign Armed Forces INA 101(a)(27)(B) & INA 327. SI1 Certain Persons Employed by the U.S. Government in Iraq or Afghanistan as Translators or Interpreters Section 1059 of Public Law 109-163, as amended. SI2 Spouse of SI1 Section 1059 of Public Law 109-163, as amended. SI3 Child of SI1 Section 1059 of Public Law 109-163, as amended. SM1 Person Recruited Outside the United States Who Has Served or is Enlisted to Serve in the U.S. Armed Forces for 12 Years INA 101(a)(27)(K). SM2 Spouse of SM1 INA 101(a)(27)(K). SM3 Child of SM1 INA 101(a)(27)(K). SQ1 Certain Iraqis or Afghans Employed by or on Behalf of the U.S. Government Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Public Law 111-8, as amended and Section 1244 of Public Law 110-181, as amended. SQ2 Spouse of SQ1 Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Public Law 111-8, as amended and Section 1244 of Public Law 110-181, as amended. SQ3 Child of SQ1 Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Public Law 111-8, as amended and Section 1244 of Public Law 110-181, as amended. SU2 Spouse of U1 INA 245(m)(3) & INA 101(a)(15)(U)(ii). SU3 Child of U1 INA 245(m)(3) & INA 101(a)(15)(U)(ii). SU5 Parent of U1 INA 245(m)(3) & INA 101(a)(15)(U)(ii). Family-Sponsored Preferences Family 1st Preference F11 Unmarried Son or Daughter of U.S. Citizen INA 203(a)(1). F12 Child of F11 INA 203(b) & INA 203(a)(1). B11 Self-petition Unmarried Son or Daughter of U.S. Citizen INA 204(a)(1)(A)(iv) & INA 203(a)(1). B12 Child of B11 INA 203(d), INA 204(a)(1)(A)(iv), & INA 203(a)(i). Family 2nd Preference (Subject to Per-Country Limitations) F21 Spouse of Lawful Permanent Resident INA 203(a)(2)(A). F22 Child of Lawful Permanent Resident INA 203(a)(2)(A). F23 Child of F21 or F22 INA 203(d) & INA 203(a)(2)(A). F24 Unmarried Son or Daughter of Lawful Permanent Resident INA 203(a)(2)(B). F25 Child of F24 INA 203(d) & INA 203(a)(2)(B). C21 Spouse of Lawful Permanent Resident (Conditional) INA 203(a)(2)(A) & INA 216. C22 Child of Lawful Permanent Resident (Conditional) INA 203(a)(2)(A) & INA 216. C23 Child of C21 or C22 (Conditional) INA 203(a)(2)(A), INA 203(d) & INA 216. C24 Unmarried Son or Daughter of Lawful Permanent Resident (Conditional) INA 203(a)(2)(B) & INA 216. C25 Child of C24 (Conditional) INA 203(a)(2)(B), INA 203(d), & INA 216. B21 Self-petition Spouse of Lawful Permanent Resident INA 204(a)(1)(B)(ii). B22 Self-petition Child of Lawful Permanent Resident INA 204(a)(1)(B)(iii). B23 Child of B21 or B22 INA 203(d) & INA 204(a)(1)(B)(ii). B24 Self-petition Unmarried Son or Daughter of Lawful Permanent Resident INA 204(a)(1)(B)(iii). B25 Child of B24 INA 203(d) & INA 204(a)(1)(B)(iii). Family 2nd Preference (Exempt from Per-Country Limitations) FX1 Spouse of Lawful Permanent Resident INA 202(a)(4)(A) & INA 203(a)(2)(A). FX2 Child of Lawful Permanent Resident INA 202(a)(4)(A) & INA 203(a)(2)(A). FX3 Child of FX1 or FX2 INA 202(a)(4)(A), INA 203(a)(2)(A), & INA 203(d). CX1 Spouse of Lawful Permanent Resident (Conditional) INA 202(a)(4)(A), INA 203(a)(2)(A), & INA 216. CX2 Child of Lawful Permanent Resident (Conditional) INA 202(a)(4), INA 203(a)(2)(A), & INA 216. CX3 Child of CX1 or CX2 (Conditional) INA 202(a)(4)(A), INA 203(a)(2)(A), INA 203(d), & INA 216. BX1 Self-petition Spouse of Lawful Permanent Resident INA 204(a)(1)(B)(ii). BX2 Self-petition Child of Lawful Permanent Resident INA 204(a)(1)(B)(iii). BX3 Child of BX1 or BX2 INA 203(d) & INA 204(a)(1)(B)(ii). Family 3rd Preference F31 Married Son or Daughter of U.S. Citizen INA 203(a)(3). F32 Spouse of F31 INA 203(d) & INA 203(a)(3). F33 Child of F31 INA 203(d) & INA 203(a)(3). C31 Married Son or Daughter of U.S. Citizen (Conditional) INA 203(a)(3) & INA 216. C32 Spouse of C31 (Conditional) INA 203(d), INA 203(a)(3), & INA 216. C33 Child of C31 (Conditional) INA 203(d), INA 203(a)(3), & INA 216. B31 Self-petition Married Son or Daughter of U.S. Citizen INA 204(a)(1)(A)(iv) & INA 203(a)(3). B32 Spouse of B31 INA 203(d), INA 204(a)(1)(A)(iv) & INA 203(a)(3). B33 Child of B31 INA 203(d), INA 204(a)(1)(A)(iv), & INA 203(a)(3). Family 4th Preference F41 Brother or Sister of U.S. Citizen at Least 21 Years of Age INA 203(a)(4). F42 Spouse of F41 INA 203(a)(4) & INA 203(d). F43 Child of F41 INA 203(a)(4) & INA 203(d). Employment-Based Preferences Employment 1st Preference (Priority Workers) E11 Person with Extraordinary Ability INA 203(b)(1)(A). E12 Outstanding Professor or Researcher INA 203(b)(1)(B). E13 Multinational Executive or Manager INA 203(b)(1)(C). E14 Spouse of E11, E12, or E13 INA 203(d), INA 203(b)(1)(A), INA 203(b)(1)(B), & INA 203(b)(1)(C). E15 Child of E11, E12, or E13 INA 203(d), INA 203(b)(1)(A), INA 203(b)(1)(B), & INA 203(b)(1)(C). Employment 2nd Preference (Professionals Holding Advanced Degrees or Persons of Exceptional Ability) E21 Professional Holding Advanced Degree or Person of Exceptional Ability INA 203(b)(2). E22 Spouse of E21 INA 203(b)(2) & INA 203(d). E23 Child of E21 INA 203(b)(2) & INA 203(d). Employment 3rd Preference (Skilled Workers, Professionals, or Other Workers) E31 Skilled Worker INA 203(b)(3)(A)(i). E32 Professional Holding Baccalaureate Degree INA 203(b)(3)(A)(ii). E34 Spouse of E31 or E32 INA 203(b)(3)(A)(i), INA 203(b)(3)(A)(ii), & INA 203(d). E35 Child of E31 or E32 INA 203(b)(3)(A)(i), INA 203(B)(3)(A)(ii), & INA 203(d). EW3 Other Worker (Subgroup Numerical Limit) INA 203(b)(3)(A)(iii). EW4 Spouse of EW3 INA 203(b)(3)(A)(iii) & INA 203(d). EW5 Child of EW3 INA 203(b)(3)(A)(iii) & INA 203(d). Employment 4th Preference (Certain Special Immigrants) BC1 Broadcaster in the U.S. Employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a Grantee of Such Organization INA 101(a)(27)(M) & INA 203(b)(4). BC2 Accompanying Spouse of BC1 INA 101(a)(27)(M) & INA 203(b)(4). BC3 Accompanying Child of BC1 INA 101(a)(27)(M) & INA 203(b)(4). SD1 Minister of Religion INA 101(a)(27)(C)(ii)(I) & INA 203(b)(4). SD2 Spouse of SD1 INA 101(a)(27)(C)(ii)(I) & INA 203(b)(4). SD3 Child of SD1 INA 101(a)(27)(C)(ii)(I) & INA 203(b)(4). SE1 Certain Employee or Former Employee of the U.S. Government Abroad INA 101(a)(27)(D)(i) & INA 203(b)(4). SE2 Spouse of SE1 INA 101(a)(27)(D)(i) & INA 203(b)(4). SE3 Child of SE1 INA 101(a)(27)(D)(i) & INA 203(b)(4). SF1 Former Employee of the Panama Canal Company or Canal Zone Government INA 101(a)(27)(E) & INA 203 (b)(4). SF2 Spouse or Child of SF1 INA 101(a)(27)(E) & INA 203 (b)(4). SG1 Former Employee of the U.S. Government in the Panama Canal Zone (Panamanian National) INA 101(a)(27)(F) & INA 203 (b)(4). SG2 Spouse or Child of SG1 INA 101(a)(27)(F) & INA 203 (b)(4). SH1 Former Employee of the Panama Canal Company or Canal Zone Government (Five Years of Service) INA 101(a)(27)(G) & INA 203(b)(4). SH2 Spouse or Child of SH1 INA 101(a)(27)(G) & INA 203(b)(4). SJ1 Foreign Medical Graduate (Adjustment Only) INA 101(a)(27)(H). SJ2 Spouse or Child of SJ1 INA 101(a)(27)(H) & INA 203(b)(4). SK1 Retired International Organization Employee INA 101(a)(27)(I)(iii) & INA 203(b)(4). SK2 Spouse of SK1 INA 101(a)(27)(I)(iv) & INA 203(b)(4). SK3 Unmarried Son or Daughter of SK1 INA 101(a)(27)(I)(i) & INA 203(b)(4). SK4 Surviving Spouse of a Deceased International Organization Employee INA 101(a)(27)(I)(ii) & INA 203(b)(4). SL1 Juvenile Court Dependent (Adjustment Only) INA 101(a)(27)(J) & INA 203(b)(4). SN1 Retired NATO6 Civilian Employee INA 101(a)(27)(L) & INA 203(b)(4). SN2 Spouse of SN1 INA 101(a)(27)(L) & INA 203(b)(4). SN3 Unmarried Son or Daughter of SN1 INA 101(a)(27)(L) & INA 203(b)(4). SN4 Surviving Spouse of Deceased NATO6 Civilian Employee INA 101(a)(27)(L) & INA 203(b)(4). SP Beneficiary of a Petition or Labor Certification Application Filed Prior to September 11, 2001, if the Petition or Application was Rendered Void Due to the Terrorist Acts of September 11, 2001, or the Spouse, Child of such Beneficiary, or the Grandparent of a Child Orphaned by a Terrorist Act of September 11, 2001 Section 421 of Public Law 107-56. SR1 Religious Worker INA 101(a)(27)(C)(ii)(II) & (III), as amended & INA 203(b)(4). SR2 Spouse of SR1 INA 101(a)(27)(C)(ii)(II) & (III), as amended & INA 203(b)(4). SR3 Child of SR1 INA 101(a)(27)(C)(ii)(II) & (III), as amended & INA 203(b)(4). SS1 Surviving Spouse or Child of an Employee of the United States Government Abroad INA 101(a)(27)(D)(ii) & INA 203(b)(4). SS2 Current Spouse of SS1 INA 101(a)(27)(D)(ii), INA 203(b)(4) & INA 203(d). SS3 Child of SS1 (Excludes Surviving Child of an Employee of the United States Government Abroad), provided the child meets the definition of 101(b)(1) of the INA INA 101(a)(27)(D)(ii), INA 1101(b)(1), 203(b)(4), & INA 203(d). Employment 5th Preference (Employment Creation Conditional Status) (Petitions Filed Before March 15, 2022) C51 Employment Creation, Outside Targeted Area INA 203(b)(5)(A). C52 Spouse of C51 INA 203(b)(5)(A) & INA 203(d). C53 Child of C51 INA 203(b)(5)(A) & INA 203(d). T51 Employment Creation in Targeted Rural/High Unemployment Area INA 203(b)(5)(B). T52 Spouse of T51 INA 203(b)(5)(B) & INA 203(d). T53 Child of T51 INA 203(b)(5)(B) & INA 203(d). R51 Regional Center Program, Not in Targeted Area INA 203(b)(5) & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended. R52 Spouse of R51 INA 203(b)(5), INA 203(d), & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended. R53 Child of R51 INA 203(b)(5), INA 203(d), & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended. I51 Regional Center Program, Target Area INA 203(b)(5) & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended. I52 Spouse of I51 INA 203(b)(5), INA 203(d), & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended. I53 Child of I51 INA 203(b)(5), INA 203(d), & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended. Employment 5th Preference (Employment Creation Conditional Status) (Petitions Filed On or After March 15, 2022) NU1 Investor in Non-Regional Center, Unreserved INA 203(b)(5), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). NU2 Spouse of NU1 INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). NU3 Child of NU1 INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). RU1 Investor in Regional Center, Unreserved INA 203(b)(5), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). RU2 Spouse of RU1 INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). RU3 Child of RU1 INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). NR1 Investor in Non-Regional Center, Set Aside—Rural INA 203(b)(5), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). NR2 Spouse of NR1 INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). NR3 Child of NR1 INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). NH1 Investor in Non-Regional Center, Set Aside—High Unemployment INA 203(b)(5), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). NH2 Spouse of NH1 INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). NH3 Child of NH1 INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). RR1 Investor in Regional Center, Set Aside—Rural INA 203(b)(5), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). RR2 Spouse of RR1 INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). RR3 Child of RR1 INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). RH1 Investor in Regional Center, Set Aside—High Unemployment INA 203(b)(5), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). RH2 Spouse of RH1 INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). RH3 Child of RH1 INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). RI1 Investor in Regional Center, Set Aside—Infrastructure INA 203(b)(5), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). RI2 Spouse of RI1 INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). RI3 Child of RI1 INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103). Other Categories Diversity Immigrants DV1 Diversity Immigrant INA 203(c). DV2 Spouse of DV1 INA 203(c) & 203(d). DV3 Child of DV1 INA 203(c) & 203(d). [88 FR 45072, July 14, 2023, as amended at 89 FR 60566, July 26, 2024; 89 FR 99078, Dec. 10, 2024] § 42.12 Rules of chargeability. (a) Applicability. (1) INA 201(b); (2) INA 101(a)(27) (A) or (B); (3) Section 112 of Public Law 101-649; (4) Section 124 of Public Law 101-649; (5) Section 132 of Public Law 101-649; (6) Section 134 of Public Law 101-649; or (7) Section 584(b)(1) as contained in section 101(e) of Public Law 100-202. (b) Exception for child. (c) Exception for spouse. (d) Exception for alien born in the United States. (e) Exception for alien born in foreign state in which neither parent was born or had residence at time of alien's birth. [52 FR 42613, Nov. 5, 1987, as amended at 56 FR 49681, Oct. 1, 1991] Subpart C—Immigrants Not Subject to Numerical Limitations of INA 201 and 202 Source: 56 FR 49676, Oct. 1, 1991, unless otherwise noted. § 42.21 Immediate relatives. (a) Entitlement to status. (b) Spouse of a deceased U.S. citizen. (c) Child of a U.S. citizen victim of terrorism. [56 FR 49676, Oct. 1, 1991, as amended at 64 FR 55419, Oct. 13, 1999; 67 FR 1415, Jan. 11, 2002] § 42.22 Returning resident aliens. (a) Requirements for returning resident status. (1) The alien had the status of an alien lawfully admitted for permanent residence at the time of departure from the United States; (2) The alien departed from the United States with the intention of returning and has not abandoned this intention; and (3) The alien is returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond the alien's control and for which the alien was not responsible. (b) Documentation needed. (c) Returning resident alien originally admitted under the Act of December 28, 1945. [56 FR 49676, Oct. 1, 1991, as amended at 63 FR 48578, Sept. 11, 1998] § 42.23 Certain former U.S. citizens. (a) [Reserved] (b) Military expatriates. [56 FR 49676, Oct. 1, 1991, as amended at 85 FR 38322, June 26, 2020] § 42.24 Adoption under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and the Intercountry Adoption Act of 2000. (a) Except as described in paragraph (n), for purposes of this section, the definitions in 22 CFR 96.2 apply. (b) On or after the Convention effective date, as defined in 22 CFR 96.17, a child habitually resident in a Convention country who is adopted by a United States citizen deemed to be habitually resident in the United States in accordance with applicable DHS regulations must qualify for visa status under the provisions of INA section 101(b)(1)(G) as provided in this section. Such a child shall not be accorded status under INA section 101(b)(1)(F), provided that (c) The provisions of this section govern the operations of consular officers in processing cases involving children for whom classification is sought under INA section 101(b)(1)(G), unless the Secretary of State has personally waived any requirement of the IAA or these regulations in a particular case in the interests of justice or to prevent grave physical harm to the child, to the extent consistent with the Convention. (d) An alien child shall be classifiable under INA section 101(b)(1)(G) only if, before the child is adopted or legal custody for the purpose of adoption is granted, a petition for the child has been received and provisionally approved by a DHS officer or, where authorized by DHS, by a consular officer, and a visa application for the child has been received and annotated in accordance with paragraph (h) of this section by a consular officer. No alien child shall be issued a visa pursuant to INA section 101(b)(1)(G) unless the petition and visa application are finally approved. (e) If a petition for a child under INA section 101(b)(1)(G) is properly filed with a consular officer, the consular officer will review the petition for the purpose of determining whether it can be provisionally approved in accordance with applicable DHS requirements. If a properly completed application for waiver of inadmissibility is received by a consular officer at the same time that a petition for a child under INA section 101(b)(1)(G) is received, provisional approval cannot take place unless the waiver is approved, and therefore the consular officer, pursuant to 8 CFR 204.313(i)(3) and 8 CFR 212.7, will forward the petition and the waiver application to DHS for decisions as to approval of the waiver and provisional approval of the petition. If a petition for a child under INA section 101(b)(1)(G) is received by a DHS officer, the consular officer will conduct any reviews, determinations or investigations requested by DHS with regard to the petition and classification determination in accordance with applicable DHS procedures. (f) A petition shall be provisionally approved by the consular officer if, in accordance with applicable DHS requirements, it appears that the child will be classifiable under INA section 101(b)(1)(G) and that the proposed adoption or grant of legal custody will be in compliance with the Convention. If the consular officer knows or has reason to believe the petition is not provisionally approvable, the consular officer shall forward it to DHS pursuant to 8 CFR 204.313(i)(3). (g) After a petition has been provisionally approved, a completed visa application form, any supporting documents required pursuant to §§ 42.63 and 42.65, and any required fees must be submitted to the consular officer in accordance with § 42.61 for a provisional review of visa eligibility. The requirements in §§ 42.62, 42.64, 42.66 and 42.67 shall also be satisfied to the extent practicable. (h) A consular officer shall provisionally determine visa eligibility based on a review of the visa application, submitted supporting documents, and the provisionally approved petition. In so doing, the consular officer shall follow all procedures required to adjudicate the visa to the extent possible in light of the degree of compliance with §§ 42.62 through 42.67. If it appears, based on the available information, that the child would not be ineligible under INA section 212 or other applicable law to receive a visa, the consular officer shall so annotate the visa application. If evidence of an ineligibility is discovered during the review of the visa application, and the ineligibility was not waived in conjunction with provisional approval of the petition, the prospective adoptive parents shall be informed of the ineligibility and given an opportunity to establish that it will be overcome. If the visa application cannot be annotated as described above, the consular officer shall deny the visa in accordance with § 42.81, regardless of whether the application has yet been executed in accordance with § 42.67(a); provided however that, in cases in which a waiver may be available under the INA and the consular officer determines that the visa application appears otherwise approvable, the consular officer shall inform the prospective adoptive parents of the procedure for applying to DHS for a waiver. If in addition the consular officer comes to know or have reason to believe that the petition is not clearly approvable as provided in 8 CFR 204.313(i)(3), the consular officer shall forward the petition to DHS pursuant to that section. (i) If the petition has been provisionally approved and the visa application has been annotated in accordance with subparagraph (h), the consular officer shall notify the country of origin that the steps required by Article 5 of the Convention have been taken. (j) After the consular officer has received appropriate notification from the country of origin that the adoption or grant of legal custody has occurred and any remaining requirements established by DHS or §§ 42.61 through 42.67 have been fulfilled, the consular officer, if satisfied that the requirements of the IAA and the Convention have been met with respect to the adoption or grant of legal custody, shall affix to the adoption decree or grant of legal custody a certificate so indicating. This certificate shall constitute the certification required by IAA section 301(a) and INA section 204(d)(2). For purposes of determining whether to issue a certificate, the fact that a consular officer notified the country of origin pursuant to paragraph (i) of this section that the steps required by Article 5 of the Convention had been taken and the fact that the country of origin has provided appropriate notification that the adoption or grant of legal custody has occurred shall together constitute prima facie evidence of compliance with the Convention and the IAA. (k) If the consular officer is unable to issue the certificate described in paragraph (j) of this section, the consular officer shall notify the country of origin of the consular officer's decision. (l) After the consular officer determines whether to issue the certificate described in paragraph (j) of this section, the consular officer shall finally adjudicate the petition and visa application in accordance with standard procedures. (m) If the consular officer is unable to give final approval to the visa application or the petition, then the consular officer shall forward the petition to DHS, pursuant to § 42.43 or 8 CFR 204.313(i)(3), as applicable, for appropriate action in accordance with applicable DHS procedures, and/or refuse the visa application in accordance with § 42.81. The consular officer shall notify the country of origin that the visa has been refused. (n) Notwithstanding paragraphs (d) through (m) of this section, an alien described in paragraph (n)(1) of this section may qualify for visa status under INA section 101(b)(1)(G)(iii) without meeting the requirements set forth in paragraphs (d) through (m) of this section. (1) Per Section 4(b) of the Intercountry Adoption Simplification Act, Public Law 111-287 (IASA), an alien otherwise described in INA section 101(b)(1)(G)(iii) who attained the age of 18 on or after April 1, 2008 shall be deemed to meet the age requirement imposed by INA section 101(b)(1)(G)(iii)(III), provided that a petition is filed for such child in accordance with DHS requirements not later than November 30, 2012. (2) For any alien described in paragraph (n)(1) of this section, the “competent authority” referred to in INA section 101(b)(1)(G)(i)(V)(aa) is a court or governmental agency of a foreign country of origin having jurisdiction and authority to make decisions in matters of child welfare, including adoption. If the competent authority over matters of child welfare no longer has jurisdiction or authority over the alien due to his or her age, then the passport issuing authority of the country of origin may be considered the competent authority for the purposes of INA section 101(b)(1)(G)(i)(V)(aa). [72 FR 61305, Oct. 30, 2007, as amended at 76 FR 67363, Nov. 1, 2011; 78 FR 32990, June 3, 2013] Subpart D—Immigrants Subject to Numerical Limitations Source: 56 FR 49676, Oct. 1, 1991, unless otherwise noted. § 42.31 Family-sponsored immigrants. (a) Entitlement to status. (b) Entitlement to derivative status. [56 FR 49676, Oct. 1, 1991, as amended at 61 FR 1836, Jan. 24, 1996] § 42.32 Employment-based preference immigrants. Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as indicated below. (a) First preference—Priority workers Entitlement to status. (2) Entitlement to derivative status. (b) Second preference—Professionals with advanced degrees or persons of exceptional ability Entitlement to status. (2) Entitlement to derivative status. (c) Third preference—Skilled workers, professionals, other workers Entitlement to status. (2) Entitlement to derivative status. (d) Fourth preference—Special immigrants Religious workers Classification based on qualifications under INA 101(A)(27)(C). (A) The consular officer has received a petition approved by DHS to accord such classification, or an official notification of such approval; and (B) The consular officer is satisfied from the evidence presented that the alien qualifies under that section; or (C) The consular officer is satisfied the alien is the spouse or child of a religious worker so classified and is accompanying or following to join the principal alien. (ii) Timeliness of application. (2) See 22 CFR 42.34. (3) Panama Canal employees Entitlement to status. (ii) Entitlement to derivative status. (4) Spouse and children of certain foreign medical graduates. (5) Certain international organization and NATO civilian employees Entitlement to status. (ii) Timeliness of application. (6) Certain juvenile court dependents. (7) Certain members of the United States Armed Forces recruited abroad Entitlement to status. (ii) Entitlement to derivative status. (8) Certain United States international broadcasting employees Entitlement to status. (ii) Entitlement to derivative status. (9) Certain victims of the September 11, 2001 terrorist attacks Entitlement to status. (A) The consular officer has received a petition approved by the DHS to accord such classification, or official notification of such an approval, and the consular officer is satisfied from the evidence presented that the alien is entitled to that classification; or (B) The alien is the spouse or child of an alien so classified in paragraph (d)(9)(i) of this section and is accompanying or following to join the principal alien. (ii) Ineligibility exemption. (iii) Priority date. (e) Fifth preference—Employment-creation immigrants Entitlement to status. (2) Entitlement to derivative status. [56 FR 49676, Oct. 1, 1991, as amended at 56 FR 51172, Oct. 10, 1991; 56 FR 55077, Oct. 24, 1991; 60 FR 35839, July 12, 1995; 63 FR 4394, Jan. 29, 1998; 63 FR 68393, Dec. 11, 1998; 65 FR 80745, Dec. 22, 2000; 66 FR 15350, Mar. 19, 2001; 68 FR 24639, May 8, 2003; 85 FR 36326, June 16, 2020] § 42.33 Diversity immigrants. (a) General Eligibility to compete for consideration under section 203(c). (2) Definition of high school education or its equivalent. (3) Determinations of work experience. (4) Limitation on number of petitions per year. (5) Northern Ireland. (b) Petition requirement. (1) Information to be provided in the petition. (i) The petitioner's full name; (ii) The petitioner's date and place of birth (including city and country); (iii) The petitioner's sex; (iv) The country of which the petitioner claims to be a native, if other than the country of birth; (v) The name(s), date(s) and place(s) of birth and sex of the petitioner's spouse and child(ren), if any, (including legally adopted and step-children), regardless of whether or not they are living with the petitioner or intend to accompany or follow to join the petitioner should the petitioner immigrate to the United States pursuant to INA 203(c), but excluding a spouse or a child(ren) who is already a U.S. citizen or U.S. lawful permanent resident; (vi) A current mailing address for the petitioner; (vii) The location of the consular office nearest to the petitioner's current residence or, if in the United States, nearest to the petitioner's last foreign residence prior to entry into the United States, and (viii) The unique serial or issuance number associated with the petitioner's valid, unexpired passport, petitioner name, country or authority of passport issuance, and expiration date, unless the petitioner would be exempt from the passport requirement pursuant to § 42.2(d), (e), or (g)(2). (2) Requirements for photographs. (i) A digital image of the applicant from either a digital camera source or a scanned photograph via scanner. If scanned, the original photographic print must have been 2″ by 2″ (50mm x 50mm). Scanner hardware and digital image resolution requirements will be further specified in the public notice described in paragraph (b)(3) of this section. (ii) The image must be in the Joint Photographic Experts Group (JPEG) File Interchange Format (JFIF) format. (iii) The image must be in color. (iv) The image must have been taken no more than six months prior to the date of the petition submission. (v) The person being photographed must be directly facing the camera with the head neither tilted up, down, or to the side. The head must cover about 50% of the area of the photograph. (vi) The photograph must be taken with the person in front of a neutral, light-colored background. Photos taken with very dark or patterned, busy backgrounds will not be accepted. (vii) The person's face must be in focus. (viii) The person in the photograph must not wear eyeglasses, sunglasses, or other paraphernalia that obstruct the view of the face. (ix) A photograph with the person wearing a head covering or a hat is only acceptable if the covering or hat is worn specifically due to that person's religious beliefs, and even then, the hat or covering may not obscure any portion of the face. A photograph of a person wearing tribal, military, airline or other headgear not specifically religious in nature will not be accepted. (3) Requirements for passport scans. (i) The image must be in the Joint Photographic Experts Group (JPEG) File Interchange Format (JFIF) format. No Portable Document Format (PDF) will be accepted. (ii) The file size must not exceed 5 megabytes (MB). (4) Submission of petition. Federal Register (c) Processing of petitions. (d) Validity of approved petitions. (e) Order of consideration. (f) Allocation of visa numbers. (g) Further processing. (h) Maintenance of certain information. (i) Date of birth; (ii) Country of birth; (iii) Marital status; (iv) Sex; (v) Level of education; and (vi) Occupation and level of occupational qualification. (2) The Department will not maintain the names of visa recipients in connection with this information and the information will be compiled and maintained in such form that the identity of visa recipients cannot be determined therefrom. (i) Diversity Visa Lottery fee. (2) Consular officers shall collect, or ensure the collection of, the Diversity Visa Lottery fee from those persons who apply for a diversity immigrant visa, described in INA 203(c), after being selected by the diversity visa lottery program. The Diversity Visa Lottery fee, as prescribed by the Secretary of State, is set forth in the Schedule of Fees, 22 CFR 22.1. [91 FR 11900, Mar. 11, 2026] § 42.34 Special immigrant visas-certain U.S. Government employees. (a) General. (1) (i) The applicant has performed faithful service to the United States Government abroad, or the American Institute in Taiwan, for a total of fifteen years or more; or (ii) The applicant is the surviving spouse or child of an employee of the United States Government abroad who performed faithful service for a total of not less than 15 years or was killed in the line of duty; and (2) The principal officer of a Foreign Service establishment (or, in the case of the American Institute in Taiwan, the Director), recommends granting special immigrant status to such person in exceptional circumstances; and (3) The Secretary of State, or designee, approves such recommendation and finds that it is in the national interest to grant such status. (b) Petition requirement. (1) Petition fees. (2) Establishing priority date. (3) Delegation of authority to approve petitions. (4) Petition validity. (5) Extension of special immigrant status and petition validity. (c) Definitions Full-time service. (2) Faithful service. (3) Continuity. (4) Abroad. (5) Employment at the American Institute in Taiwan. (6) Honorably retired. (7) Exceptional circumstances for employees of the United States Government abroad. (i) Prima facie indicators of exceptional circumstances. (A) Diplomatic relations between the employee's country of nationality and the United States have been severed; (B) Diplomatic relations between the country in which the employee was employed and the United States have been severed; (C) The country in which the employee was employed and the United States have strained relations and the employee may be subjected to retribution by the local, State, Federal, or other official government body merely because of association with the U.S. Government, or the employee may be pressured to divulge information contrary to U.S. national interests; or (D) The employee was hired at the Consulate General at Hong Kong on or before July 1, 1999. (ii) Strong indicators of exceptional circumstances. (B) The employee has fulfilled responsibilities or given service in a manner that approaches the heroic; (C) The employee has been awarded a global or a regional “Foreign Service National of the Year” Award; (D) The employee has disclosed waste, fraud or abuse, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation within the Department or other U.S. Government agency, if such disclosure results in significant action by the Department or other U.S. Government agency against an offending party, such as termination or severance of a contractual relationship, or criminal charges against any person or entity. (E) The employee has served the U.S. Government for a period of twenty years or more. (8) Exceptional circumstances for surviving spouses and children. (i) Was killed in the line of duty; or (ii) Performed faithful service to the United States Government abroad for a total of not less than 15 years; and (A) Was employed by the U.S. Government as of the date of their death or in the immediately preceding period as defined in paragraph (c)(9) of this section, or (B) Was an honorably retired former employee who, prior to their death, demonstrated at least one form of “exceptional circumstances” as defined in paragraph (c)(7) of this section. (9) Immediately preceding period. (ii) A deceased employee is presumed to not meet the criteria in paragraph (c)(8)(ii)(A) of this section if the employee's death occurred more than five years following cessation of employment. This presumption can be rebutted if the applicant establishes, to the satisfaction of the principal officer, that the employment ceased due to circumstances that resulted in the employee's death, and the Secretary or appropriate designee finds it in the national interest to grant such status. The principal officer has the primary responsibility for determining whether the applicant meets this criterion, taking into consideration as informed by the circumstances of the cessation of employment, the cause of the employee's death as documented by the applicant, and other relevant evidence the applicant presents that demonstrates that the cessation of employment was for reasons that ultimately resulted in the employee's death. (10) Immediate intent to immigrate. (ii) Employees of Hong Kong Consulate General hired on or before July 1, 1999, are not required to establish immediate intent to immigrate. Employees of the Hong Kong Consulate General who received or were approved for special immigrant status before July 1, 1999, also may continue employment with the U.S. Government. [89 FR 99079, Dec. 10, 2024] Subpart E—Petitions § 42.41 Effect of approved petition. Consular officers are authorized to grant to an alien the immediate relative or preference status accorded in a petition approved in the alien's behalf upon receipt of the approved petition or official notification of its approval. The status shall be granted for the period authorized by law or regulation. The approval of a petition does not relieve the alien of the burden of establishing to the satisfaction of the consular officer that the alien is eligible in all respects to receive a visa. [56 FR 49682, Oct. 1, 1991] § 42.42 Petitions for immediate relative or preference status. Petition for immediate relative or preference status. [56 FR 49682, Oct. 1, 1991] § 42.43 Suspension or termination of action in petition cases. (a) Suspension of action. (b) Termination of action. (2) The consular officer shall terminate action in a petition case subject to the provisions of INA 203(g) in accordance with the provisions of § 42.83. [56 FR 49682, Oct. 1, 1991] Subpart F—Numerical Controls and Priority Dates Source: 56 FR 51174, Oct. 10, 1991, unless otherwise noted. § 42.51 Department control of numerical limitations. (a) Centralized control. (1) Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and (2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year. (b) Allocation of numbers. (c) Recaptured visa numbers. (1) An immigrant having an immigrant visa is excluded from the United States and deported; (2) An immigrant does not apply for admission to the United States before the expiration of the validity of the visa; (3) An alien having a preference immigrant visa is found not to be a preference immigrant; or (4) An immigrant visa is revoked pursuant to § 42.82. [56 FR 51174, Oct. 10, 1991, as amended at 59 FR 15302, Mar. 31, 1994; 63 FR 48578, Sept. 11, 1998] § 42.52 Post records of visa applications. (a) Waiting list. (b) Entitlement to immigrant classification. (1) Is the beneficiary of an approved petition according immediate relative or preference status; (2) Has satisfied the consular officer that the alien is entitled to special immigrant status under INA(101)(a)(27) (A) or (B); (3) Is entitled to status as a Vietnam Amerasian under section 584(b)(1) of section 101(e) of Public Law 100-202 as amended by Public Law 101-167 and re-amended by Public Law 101-513; or (4) Beginning in FY-95, is entitled to status as a diversity immigrant under INA 203(c). (c) Record made when entitlement to immigrant classification is established. (2) A separate record shall be made of family members entitled to derivative immigrant status whenever the consular officer determines that a spouse or child is chargeable to a different foreign state or other numerical limitation than the principal alien. The provisions of INA 202(b) are to be applied as appropriate when either the spouse or parent is reached on the waiting list. (3) A separate record shall be made of a spouse or child entitled to derivative immigrant status whenever the consular officer determines that the principal alien intends to precede the family. [56 FR 51174, Oct. 9, 1991, as amended at 61 FR 1836, Jan. 24, 1996; 78 FR 31399, May 24, 2013] § 42.53 Priority date of individual applicants. (a) Preference applicant. (b) Former Western Hemisphere applicant with priority date prior to January 1, 1977. (c) Derivative priority date for spouse or child of principal alien. § 42.54 Order of consideration. (a) General. (1) In the chronological order of the priority dates of all applicants within each of the immigrant classifications specified in INA 203 (a) and (b); and (2) In the random order established by the Secretary of State for each region for the fiscal year for applicants entitled to status under INA 203(c). (b) [Reserved] [56 FR 51174, Oct. 10, 1991, as amended at 59 FR 15302, Mar. 31, 1994; 61 FR 1836, Jan. 24, 1996; 63 FR 48578, Sept. 11, 1998] § 42.55 Reports on numbers and priority dates of applications on record. (a) Consular officers shall report periodically, as the Department may direct, the number and priority dates of all applicants subject to the numerical limitations prescribed in INA 201, 202, and 203 whose immigrant visa applications have been recorded in accordance with § 42.52(c). (b) Documentarily qualified applicants. [56 FR 51174, Oct. 10, 1991, as amended at 61 FR 1836, Jan. 24, 1996] Subpart G—Application for Immigrant Visas § 42.61 Place of application. (a) Alien to apply in consular district of residence. (b) Transfer of immigrant visa cases. (2) Any approved petition granting immediate relative or preference status should be included among the documents when a case is transferred from one post to another. (3) In no case may a visa number be transferred from one post to another. A visa number which cannot be used as a result of the transfer must be returned to the Department immediately. [52 FR 42613, Nov. 5, 1987, as amended at 59 FR 39955, Aug. 4, 1994] § 42.62 Personal appearance and interview of applicant. (a) Personal appearance of applicant before consular officer. 42.63(a)(2) (b) Interview by consular officer. (i) The proper immigrant classification, if any, of the visa applicant, and (ii) The applicant's eligibility to receive a visa. (2) The officer has the authority to require that the alien answer any question deemed material to these determinations. [86 FR 70740, Dec. 13, 2021] § 42.63 Definitions. (a) Application forms Application on Form DS-230 or Form DS-260 required. (2) Application of alien under 14 or physically incapable. (b) Preparation of forms. (c) Additional information as part of application. [75 FR 45476, Aug. 3, 2010] § 42.64 Passport requirements. (a) Passport defined. Passport, (b) Passport validity requirements. (c) A single passport including more than one person. [52 FR 42613, Nov. 5, 1987; 53 FR 9112, Mar. 21, 1988, as amended at 63 FR 48578, Sept. 11, 1998] § 42.65 Supporting documents. (a) Authority to require documents. (b) Basic documents required. (c) Definitions. Police certificate (2) Prison record (3) Military record (4) A certified copy of an alien's record of birth (5) Other records or documents (d) Unobtainable documents. (2) If the consular officer determines that a supporting document, as described in paragraph (b) of this section, is in fact unobtainable, although the catalogue of available documents shows it is available, the officer shall affix to the visa application a signed statement describing in detail the reasons for considering the record or document unobtainable and for accepting the particular secondary evidence attached to the visa. (e) Authenticity of records and documents. (f) Photographs. [52 FR 42613, Nov. 5, 1987, as amended at 55 FR 29015, July 17, 1990; 56 FR 49682, Oct. 1, 1991; 88 FR 13696, Mar. 6, 2023] § 42.66 Medical examination. (a) Medical examination required of all applicants. (b) Examination by physician from approved panel. (c) Facilities required for panel physician. § 42.67 Execution of application, registration, and fingerprinting. (a) Execution of visa application Application fee. (2) Oath and signature on Form DS-230. (3) Oath and signature on Form DS-260. (b) Registration. (c) Fingerprinting. [75 FR 45476, Aug. 3, 2010] § 42.68 [Reserved] Subpart H—Issuance of Immigrant Visas § 42.71 Authority to issue visas; visa fees. (a) Authority to issue visas. (b) Immigrant visa fees Payment of fees. (2) Waiver or refund of fees for replacement immigrant visas for adoptees. (i) The prior immigrant visa was issued on or after March 27, 2013, to an alien who has been lawfully adopted, or who is coming to the United States to be adopted, by a United States citizen; (ii) The alien was unable to use the original immigrant visa during the period of its validity as a direct result of extraordinary circumstances, including the denial of an exit permit; and (iii) The inability to use the visa was attributable to factors beyond the control of the adopting parent or parents and of the alien. (3) Exemption from fees for immigrant visa applicants previously refused solely pursuant to Proclamation 9645 or Proclamation 9983. [84 FR 35298, July 23, 2019, as amended at 87 FR 2705, Jan. 19, 2022; 88 FR 35740, June 1, 2023] § 42.72 Validity of visas. (a) Period of validity. (b) Extension of period of validity. (c) [Reserved] (d) Age and marital status in relation to validity of certain immigrant visas. [52 FR 42613, Nov. 5, 1987, as amended at 56 FR 32323, July 16, 1991; 61 FR 1836, Jan. 24, 1996; 62 FR 27694, May 21, 1997; 64 FR 28916, May 28, 1999; 67 FR 38894, June 6, 2002; 68 FR 13628, Mar. 20, 2003] § 42.73 Procedure in issuing visas. (a) Evidence of visa. (b) Visa format. (1) Full name of the immigrant; (2) Visa symbol; (3) Location of the visa issuing office; (4) Passport number; (5) The registration number (A-number) assigned to the immigrant; (6) Sex; (7) Date of birth; (8) Nationality; (9) Date of issuance; (10) Date of expiration; (11) Visa control number; (12) Any annotations entered to reflect waivers or other information useful to an immigration officer at a port of entry (POE) upon the immigrant's application for admission to the United States; (13) A digitized photo of the immigrant; and (14) Machine-readable data that can be processed by an immigration officer at a POE. (c) Disposition of supporting documents. [84 FR 35299, July 23, 2019] § 42.74 Issuance of new, replacement, or duplicate visas. (a) New immigrant visa for a special immigrant under INA 101(a)(27)(A) and (B). (1) The alien establishes that the original visa has been lost, mutilated, or has expired; or that the alien will be unable to use it during the period of its validity; and (2) The alien pays anew the application processing fees prescribed in the Schedule of Fees (22 CFR 22.1); and (3) The consular officer ascertains whether the original issuing office knows of any reason why a new visa should not be issued. (b) Replacement immigrant visa for an immediate relative or for an alien subject to numerical limitation. (1) The alien is unable to use the visa during the period of its validity due to reasons beyond the alien's control; (2) The visa is issued during the same fiscal year in which the original visa was issued, or in the following year in the case of an immediate relative only, if the original number had been reported as recaptured; (3) The number has not been returned to the Department as a “recaptured visa number” in the case of a preference or diversity immigrant; (4) The alien pays anew the application processing fees prescribed in the Schedule of Fees; and (5) The consular officer ascertains whether the original issuing office knows of any reason why a new visa should not be issued. (c) Replacement visa for adoptees. (1) A prior immigrant visa was issued on or after March 27, 2013, to a child who has been lawfully adopted, or who is coming to the United States to be adopted, by a United States citizen; (2) The inability to use the visa was attributable to factors beyond the control of the adoptee or the adopting parent(s); and (3) The application processing fee has been waived pursuant to § 42.71(b)(2) or has been paid anew. (d) Duplicate visas issued within the validity period of the original visa. [84 FR 35299, July 23, 2019, as amended at 87 FR 2705, Jan. 19, 2022] Subpart I—Refusal, Revocation, and Termination of Registration § 42.81 Procedure in refusing immigrant visas. (a) Grounds for refusal. (b) Refusal procedure. (c) Review of refusal at consular office. (d) Review of refusal by Department. (e) Reconsideration of refusal. [52 FR 42613, Nov. 5, 1987; 53 FR 9112, Mar. 21, 1988, as amended at 66 FR 10364, Feb. 15, 2001; 71 FR 34522, June 15, 2006; 75 FR 45477, Aug. 3, 2010; 84 FR 16612, Apr. 22, 2019] § 42.82 Revocation of visas. (a) Grounds for revocation by consular officers. (b) Provisional revocation. (c) Notice of revocation. (d) Procedure for physically canceling visas. [76 FR 23479, Apr. 27, 2011] § 42.83 Termination of registration. (a) Termination following failure of applicant to apply for visa. (b) Termination following visa refusal. (c) Notice of termination. (d) Reinstatement of registration. (e) Interpretation of “circumstances beyond alien's control”. [52 FR 42613, Nov. 5, 1987, as amended at 56 FR 49682, Oct. 1, 1991; 73 FR 11028, Feb. 29, 2008] § 42.84 Discontinuance of granting immigrant visa pursuant to INA 243(d). (a) Grounds for discontinuance of granting a visa. (b) Discontinuance procedure Applications refused or discontinued only. (2) Geographic applicability. (c) Termination of sanction. [84 FR 16613, Apr. 22, 2019]