[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: 22CFR42.71]

[Page 238]
 
                       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. 42.71  Authority to issue visas; visa fees.


    (a) Authority to issue visas. Consular officers may issue immigrant 
visas at designated consular offices abroad pursuant to the authority 
contained in INA 101(a)(16), 221(a), and 224. (Consular offices 
designated to issue immigrant visas are listed periodically in Visa 
Office Bulletins published at www.travel.state.gov by the Department of 
State.) A consular officer assigned to duty in the territory of a 
country against which the sanctions provided in INA 243(d) have been 
invoked must not issue an immigrant visa to an alien who is a national, 
citizen, subject, or resident of that country, unless the officer has 
been informed that the sanction has been waived by INS in the case of an 
individual alien or a specified class of aliens.
    (b) Immigrant visa fees. The Secretary of State prescribes a fee for 
the processing of immigrant visa applications. An individual registered 
for immigrant visa processing at a post designated for this purpose by 
the Deputy Assistant Secretary for Visa Services must pay the processing 
fee upon being notified that a visa is expected to become available in 
the near future and being requested to obtain the supporting 
documentation needed to apply formally for a visa. A fee collected for 
the processing of an immigrant visa application is refundable only if 
the principal officer of a post or the officer in charge of a consular 
section determines that the application was not adjudicated as a result 
of action by the U. S. Government over which the alien had no control 
and for which the alien was not responsible, that precluded the 
applicant from benefiting from the processing.

[67 FR 38893, June 6, 2002]