[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: 22CFR42.74]

[Page 241]
 
                       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 H--Issuance of Immigrant Visas
 
Sec. 42.74  Issuance of new or replacement visas.

    (a) New immigrant visa for a special immigrant under INA 
101(a)(27)(A) and (B).
    (1) The consular officer may issue a new immigrant visa to a 
qualified alien entitled to status under INA 101(a)(27)(A) or (B), who 
establishes:
    (i) That the original visa has been lost, mutilated or has expired, 
or
    (ii) The alien will be unable to use it during the period of its 
validity;
    (2) Provided:
    (i) The alien pays anew the statutory application and issuance fees; 
and
    (ii) 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) A consular officer may issue 
a replacement visa under the original number of a qualified alien 
entitled to status as an immediate relative (INA 201(b)(2)), a family or 
employment preference immigrant (INA 203(a) or (b)), or a diversity 
immigrant (INA 203(c)), if--
    (i) The alien is unable to use the visa during the period of its 
validity due to reasons beyond the alien's control;
    (ii) 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;
    (iii) The number has not been returned to the Department as a 
``recaptured visa number'' in the case of a preference or diversity 
immigrant;
    (iv) The alien pays anew the statutory application and issuance 
fees; and
    (v) The consular officer ascertains whether the original issuing 
office knows of any reason why a new visa should not be issued.
    (2) In issuing a visa under this paragraph (b), the consular officer 
shall insert the word ``REPLACE'' on Form OF-155A, Immigrant Visa and 
Alien Registration, before the word ``IMMIGRANT'' in the title of the 
visa.
    (c) Duplicate visas issued within the validity period of the 
original visa. If the validity of a visa previously issued has not yet 
terminated and the original visa has been lost or mutilated, a duplicate 
visa may be issued containing all of the information appearing on the 
original visa, including the original issuance and expiration dates. The 
applicant shall execute a new application and provide copies of the 
supporting documents submitted in support of the original application. 
The alien must pay anew the application and issuance fees. In issuing a 
visa under this paragraph, the consular officer shall insert the word 
``DUPLICATE'' on Form OF-155A before the word ``IMMIGRANT'' in the title 
of the visa.

[52 FR 42613, Nov. 5, 1987, as amended at 56 FR 49682, Oct. 1, 1991; 61 
FR 1836, Jan. 24, 1996; 63 FR 4393, Jan. 29, 1998; 67 FR 1416, Jan. 11, 
2002]