[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR42.61]

[Page 234-235]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 42--VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED--Table of Contents
 
               Subpart G--Application for Immigrant Visas
 
Sec. 42.61  Place of application.


    (a) Alien to apply in consular district of residence. Unless 
otherwise directed by the Department, an alien applying for an immigrant 
visa shall make application at the consular office having jurisdiction 
over the alien's place of residence; except that, unless otherwise 
directed by the Department, an alien physically present in an area but 
having no residence therein may make application at the consular office 
having jurisdiction over that area if the alien can establish that he or 
she will be able to remain in the area for the period required to 
process the application. Finally, a consular office may, as a matter of 
discretion, or shall, at the direction of the Department, accept an 
immigrant visa application from an alien who is neither a resident of, 
nor physically present in, the area designated for that office for such 
purpose. For the purposes of this section, an alien physically present 
in the United States

[[Page 235]]

shall be considered to be a resident of the area of his or her last 
residence prior to entry into the United States.
    (b) Transfer of immigrant visa cases. (1) All documents, papers, and 
other evidence relating to an applicant whose case is pending or has 
been refused at one post may be transferred to another post at the 
applicant's request and risk when there is reasonable justification for 
the transfer and the transferring post has no reason to believe that the 
alien will be unable to appear at the receiving post.
    (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]