[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR42.67]

[Page 237]
 
                       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. 42.67  Execution of application, registration, and fingerprinting.

    (a) Execution of visa application--(1) Application fee. A fee is 
prescribed for each application for an immigrant visa. It shall be 
collected prior to the execution of the application and a receipt shall 
be issued.
    (2) Oath and signature. The applicant shall be required to read the 
Form OF-230, Application for Immigrant Visa and Alien Registration, when 
it is completed, or it shall be read to the alien in the alien's 
language, or the alien otherwise informed of its full contents. Aliens 
shall be asked whether they are willing to subscribe thereto. If the 
alien is not willing to subscribe to the application unless changes are 
made in the information stated therein, the required changes shall be 
made. The application shall then be sworn to or affirmed and signed by 
or on behalf of the applicant before a consular officer, or a designated 
officer of the American Institute of Taiwan, who shall then sign the 
application over the officer's title.
    (b) Registration. The alien shall be considered to be registered for 
the purposes of INA 221(b) and 203(g) upon the filing of Form DS-230, 
when duly executed, or the transmission by the Department to the alien 
of a notification of the availability of an immigrant visa, whichever 
occurs first.
    (c)(1) Fingerprinting. An alien may be required at any time prior to 
the execution of Form OF-230 to have a set of fingerprints taken if such 
procedure is necessary for purposes of identification or investigation.
    (2) NCIC name check response. When an automated database name check 
query indicates that an immigrant applicant may have a criminal history 
record indexed in an NCIC database, the applicant shall be required to 
have a set of fingerprints taken in order for the Department to obtain 
such record. The applicant must pay the fingerprint processing fee as 
indicated in the schedule of fees found at 22 CFR 22.1.

[52 FR 42613, Nov. 5, 1987, as amended at 55 FR 29015, July 17, 1990; 56 
FR 49682, Oct. 1, 1991; 67 FR 8478, Feb. 25, 2002; 67 FR 77161, Dec. 17, 
2002]