[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8997]


[[Page Unknown]]

[Federal Register: April 15, 1994]


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DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 42

[Public Notice 1989]

 

Visas: Documentation of Immigrants Under the Immigration and 
Nationality Act, as Amended

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Notice of proposed rule.

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SUMMARY: This notice proposes to amend immigrant visa regulations to 
make clear that the Department has the authority to determine where an 
alien's immigrant visa application shall be processed and to revise the 
text thereof for clarity and consistency of usage.

DATES: Written comments must be received on or before May 16, 1994.

ADDRESSES: Interested persons are invited to submit comments in 
duplicate to: Director, Office of Legislation, Regulations, and 
Advisory Assistance, Visa Office, Department of State, Washington, DC, 
20522-0113.

FOR FURTHER INFORMATION CONTACT: Cornelius D. Scully, III, Director, 
Office of Legislation, Regulations, and Advisory Assistance, Visa 
Office, (202) 663-1184.

SUPPLEMENTARY INFORMATION: 22 CFR 42.61 is that portion of the 
Department's immigrant visa regulations which establishes rules for 
determining at which consular office an alien shall have his or her 
immigrant visa application processed and adjudicated. Currently, the 
first sentence of paragraph (a) of Sec. 42.61 specifies that ``in 
ordinary circumstances'' an alien's application shall be processed and 
adjudicated by the consular office having jurisdiction over the alien's 
place of residence. The second sentence allows for an exception to this 
general rule in the case of an alien physically present in an area but 
not having a residence therein, if the alien can establish that he or 
she will remain in the area long enough to permit the application to be 
processed to a conclusion. The remainder of 22 CFR 42.61(a) allows for 
acceptance of immigrant visa applications by other consular offices, 
either as a matter of discretion or at the direction of the Department.
    It is the Department's view that the existing regulatory text 
implicitly confers upon the Department the authority to make exceptions 
to the general rules for policy or operational reasons, including 
reasons of foreign policy, as may be necessary. Recently, however, 
questions have been raised whether such authority actually can properly 
be so imputed, given the phrasing of the text. Since these questions 
have been raised, the Department believes it to be appropriate to amend 
the text to make this authority explicit. In addition, the Department 
is taking the occasion to revise the text editorially for purposes of 
clarity and consistency of usage.
    This rule is not expected to have a significant impact on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act. In addition, this rule would not impose 
information collection requirements under the provisions of the 
Paperwork Reduction Act of 1980. This rule has been reviewed as 
required under Executive Order 12778 and certified to be in compliance 
therewith. This rule is exempt from review under Executive Order 12866, 
but has been reviewed internally by the Department to ensure 
consistency with the objectives thereof.

List of Subjects in 22 CFR Part 42

    Aliens, Application, Immigrants, Visas.

    Accordingly, it is proposed to amend 22 CFR part 42 as follows:

PART 42--[AMENDED]

    1. The authority citation for part 42 would be revised to read as 
follows:

    Authority: 8 U.S.C. 1104.

    2. Section 42.61 is amended by revising paragraph (a) to read as 
follows:


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 designated 
by the Department as responsible for processing immigrant visa 
applications by aliens resident in the area of the alien's place of 
residence. Also, an alien physically present in an area but having no 
residence therein may make application at the consular office 
designated for the purpose for that area if the alien 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 shall 
be considered to be a resident of the area of his or her last residence 
prior to entry into the United States.
* * * * *
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 94-8997 Filed 4-14-94; 8:45 am]
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