[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR42.1]

[Page 218-219]
 
                       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 A_Visa and Passport Not Required for Certain Immigrants
 
Sec. 42.1  Aliens not required to obtain immigrant visas.




     Subpart A_Visa and Passport Not Required for Certain Immigrants

Sec.
42.1 Aliens not required to obtain immigrant visas.
42.2 Aliens not required to present passports.

        Subpart B_Classification and Foreign State Chargeability

42.11 Classification symbols.
42.12 Rules of chargeability.

Subpart C_Immigrants Not Subject to Numerical Limitations of INA 201 and 
                                   202

42.21 Immediate relatives.
42.22 Returning resident aliens.
42.23 Certain former U.S. citizens.

          Subpart D_Immigrants Subject to Numerical Limitations

42.31 Family-sponsored immigrants.
42.32 Employment-based preference immigrants.
42.33 Diversity immigrants.

                           Subpart E_Petitions

42.41 Effect of approved petition.
42.42 Petitions for immediate relative or preference status.
42.43 Suspension or termination of action in petition cases.

             Subpart F_Numerical Controls and Priority Dates

42.51 Department control of numerical limitations.
42.52 Post records of visa applications.
42.53 Priority date of individual applicants.
42.54 Order of consideration.
42.55 Reports on numbers and priority dates of applications on record.

                Subpart G_Application for Immigrant Visas

42.61 Place of application.
42.62 Personal appearance and interview of applicant.
42.63 Application forms and other documentation.
42.64 Passport requirements.
42.65 Supporting documents.
42.66 Medical examination.
42.67 Execution of application, registration, and fingerprinting.
42.68 Informal evaluation of family members if principal applicant 
          precedes them.

                  Subpart H_Issuance of Immigrant Visas

42.71 Authority to issue visas; visa fees.
42.72 Validity of visas.
42.73 Procedure in issuing visas.
42.74 Issuance of new or replacement visas.

     Subpart I_Refusal, Revocation, and Termination of Registration

42.81 Procedure in refusing individual visas.
42.82 Revocation of visas.
42.83 Termination of registration.

    Authority: 8 U.S.C. 1104; Pub. L. 107-56, sec. 421.

    Source: 52 FR 42613, Nov. 5, 1987, unless otherwise noted.



    An immigrant within any of the following categories is not required 
to obtain an immigrant visa:

[[Page 219]]

    (a) Aliens lawfully admitted for permanent residence. An alien who 
has previously been lawfully admitted for permanent residence and who is 
not required under the regulations of INS to present a valid immigrant 
visa upon returning to the United States.
    (b) Alien members of U.S. Armed Forces. An alien member of the U.S. 
Armed Forces bearing military identification, who has previously been 
lawfully admitted for permanent residence and is coming to the United 
States under official orders or permit of those Armed Forces.
    (c) Aliens entering from Guam, Puerto Rico, or the Virgin Islands. 
An alien who has previously been lawfully admitted for permanent 
residence who seeks to enter the continental United States or any other 
place under the jurisdiction of the United States directly from Guam, 
Puerto Rico, or the Virgin Islands of the United States.
    (d) Child born after issuance of visa to accompanying parent. An 
alien child born after the issuance of an immigrant visa to an 
accompanying parent, who will arrive in the United States with the 
parent, and apply for admission during the period of validity of the 
visa issued to the parent.
    (e) Child born of a national or lawful permanent resident mother 
during her temporary visit abroad. An alien child born during the 
temporary visit abroad of a mother who is a national or lawful permanent 
resident of the United States if applying for admission within 2 years 
of birth and accompanied by either parent applying and eligible for 
readmission as a permanent resident upon that parent's first return to 
the United States after the child's birth.
    (f) American Indians born in Canada. An American Indian born in 
Canada and having at least 50 per centum of blood of the American Indian 
race.