[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Rules and Regulations]
[Pages 55417-55419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26612]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Parts 40 and 42

[Public Notice 2980]
RIN 1400-AB03


Technical Corrections to Regulations Regarding the Issuance of 
Immigrant and Nonimmigrant Visas

AGENCY: Bureau of Consular Affairs, State.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule makes minor technical and editorial changes to 
various sections of the Department of State's regulations, necessitated 
by changes to the Immigration and Nationality Act, and in certain 
cases, for greater overall clarity.

EFFECTIVE DATES: This rule takes effect October 13, 1999.

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and 
Regulations Division, 202/663-1204 ([email protected]).

SUPPLEMENTARY INFORMATION: A number of revisions, both of an editorial 
variety and certain ones necessitated by changes in the law, are 
reflected herein.

22 CFR 40.1--Definitions

    Section 631 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (IIRIRA) (Pub. L. 104-208) amended section 
221(c) of the Immigration and Nationality Act by striking ``four 
months'' and adding ``six months.'' Correspondingly, the Department 
amended the regulation at 22 CFR 42.72(a) extending the validity period 
of an immigrant visa to six months [see 62 FR 27693]. That statutory 
change is applicable to 22 CFR 40.1(a) as well, as an alien who is 
applying for an immigrant visa as the accompanying spouse or child of 
the principal alien may do so for the validity of the principal alien's 
visa, which IIRIRA increased to six months.
    Also, editorial changes are made to paragraphs (f), (g), (i), (l), 
(m).

22 CFR 40.21--Crimes Involving Moral Turpitude and Controlled Substance 
Violators

    Minor editorial corrections are made to 22 CFR 40.21, paragraphs 
(a) and (b).

22 CFR 40.81--Ineligible for Citizenship

    An addition is made to 22 CFR 40.81 to clarify the meaning of the 
regulation. This is done to assist consular officers in ascertaining 
the visa eligibility of certain applicants, especially with respect to 
individuals who are former members of the armed services.

[[Page 55418]]

22 CFR 42.21-- Immediate Relatives

    An addition to 22 CFR 42.21, Immediate Relatives, is made to 
reflect a revision to the INA as done by Sec. 219(b)(1) of the 
Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 
103-416). This revision entitles the children of deceased U.S. citizens 
to immediate relative status.

22 CFR 42.71--Authority To Issue Visas; Visa Fees

    A technical correction is made to 22 CFR 42.71 changing the 
incorrect reference cite ``INA 243(g)'' to read ``INA 243(d).''

Final Rule

    The implementation of the rules as a final rule is based upon the 
``good cause'' exception established by 5 U.S.C. 553(b) and 553(d)(3). 
The changes made either confer a benefit upon aliens as authorized by 
the new statute or make minor editorial changes that do not change 
substance or procedure. These editorial changes were made simply for 
clarity and to comply with the Presidential Memorandum on Plain 
Language, dated June 1, 1998. The agency hereby finds that notice and 
public procedure thereon is unnecessary because the rule confers a 
benefit authorized by law upon eligible aliens and involves no 
substantive or procedural change from present practice. In addition, 
pursuant to Sec. 605(b) of the Regulatory Flexibility Act, the 
Department has assessed the potential impact of this rule and it has 
been determined, and the Assistant Secretary for Consular Affairs 
hereby certifies, that it will not have a significant economic impact 
on a substantial number of small entities. The rule has no economic 
effect beyond that of the statutory requirements already in effect 
which it implements.
    As required by 5 U.S.C. chapter 8, the Department has screened this 
rule and determined that it is not a major rule, as defined in 5 U.S.C. 
80412.
    This rule imposes no reporting or record-keeping action on the 
public requiring the approval of the Office of Management and Budget 
under the Paperwork Reduction Act.
    This rule has been reviewed as required by E.O. 12988 and 
determined to meet the applicable regulatory standards it describes. 
Although exempted from E.O. 12866, this rule has been reviewed to 
ensure consistency with it.

List of Subjects in 22 CFR Part 40 and 42

    Aliens, Immigrants, Immigration, Nonimmigrants, Passports and 
visas.
    In view of the foregoing, 22 CFR Parts 40 and 42 are amended as 
follows:

PART 40--[AMENDED]

    1. The authority citation for Part 40 is revised to read as 
follows:

    Authority: 8 U.S.C. 1104.

    2. Amend the introductory text and paragraphs (a), (f), (g), (i), 
and (l) of Sec. 40.1 to read as follows:


Sec. 40.1  Definitions.

    The following definitions supplement definitions contained in the 
Immigration and Nationality Act (INA). As used in the regulations in 
parts 40, 41, 42, 43 and 45 of this subchapter, the term:
    (a) (1) Accompanying or accompanied by means not only an alien in 
the physical company of a principal alien but also an alien who is 
issued an immigrant visa within 6 months of:
    (i) The date of issuance of a visa to the principal alien;
    (ii) The date of adjustment of status in the United States of the 
principal alien; or
    (iii) The date on which the principal alien personally appears and 
registers before a consular officer abroad to confer alternate foreign 
state chargeability or immigrant status upon a spouse or child.
    (2) An ``accompanying'' relative may not precede the principal 
alien to the United States.
* * * * *
    (f) Dependent area means a colony or other component or dependent 
area overseas from the governing foreign state.
    (g) Documentarily qualified means that the alien has reported that 
all the documents specified by the consular officer as sufficient to 
meet the requirements of INA 222(b) have been obtained, and the 
consular office has completed the necessary clearance procedures. This 
term is used only with respect to the alien's qualification to apply 
formally for an immigrant visa; it bears no connotation that the alien 
is eligible to receive a visa.
* * * * *
    (i) Foreign state, for the purposes of alternate chargeability 
pursuant to INA 202(b), is not restricted to those areas to which the 
numerical limitation prescribed by INA 202(a) applies but includes 
dependent areas, as defined in this section.
* * * * *
    (l) Native means born within the territory of a foreign state, or 
entitled to be charged for immigration purposes to that foreign state 
pursuant to INA section 202(b).
* * * * *
    3. Amend Sec. 40.21(a) by revising paragraphs (a)(1) and (2) to 
read as follows:


Sec. 40.21  Crimes involving moral turpitude and controlled substance 
violators.

    (a) Crimes involving moral turpitude--(1) Acts must constitute a 
crime under criminal law of jurisdiction where they occurred. A 
Consular Officer may make a finding of ineligibility under INA 
212(a)(2)(A)(i)(I) based upon an alien's admission of the commission of 
acts which constitute the essential elements of a crime involving moral 
turpitude, only if the acts constitute a crime under the criminal law 
of the jurisdiction where they occurred. However, a Consular Officer 
must base a determination that a crime involves moral turpitude upon 
the moral standards generally prevailing in the United States.
    (2) Conviction for crime committed under age 18. (i) An alien will 
not be ineligible to receive a visa under INA 212(a)(2)(A)(i)(I) by 
reason of any offense committed:
    (A) Prior to the alien's fifteenth birthday, or
    (B) Between the alien's fifteenth and eighteenth birthdays unless 
such alien was tried and convicted as an adult for a felony involving 
violence as defined in section 1(1) and section 16 of Title 18 of the 
United States Code.
    (ii) An alien tried and convicted as an adult for a violent felony 
offense, as so defined, committed after having attained the age of 
fifteen years, will be subject to the provisions of INA 
212(a)(2)(A)(i)(I) regardless of whether at the time of conviction 
juvenile courts existed within the convicting jurisdiction.
* * * * *
    4. Revise Sec. 40.81 to read as follows:


Sec. 40.81  Ineligible for citizenship.

    An alien will be ineligible to receive an immigrant visa under INA 
212(a)(8)(A) if the alien is ineligible for citizenship, including as 
provided in INA 314 or 315.

PART 42--[AMENDED]

    5. The authority citation for part 42 continues to read:

    Authority: 8 U.S.C. 1104.

    6. Amend Sec. 42.21 by revising paragraph (b) to read as follows:


Sec. 42.21  Immediate relatives.

* * * * *

[[Page 55419]]

    (b) Spouse of a deceased U.S. Citizen. The spouse of a deceased 
U.S. citizen, and each child of the spouse, will be entitled to 
immediate relative status after the date of the citizen's death 
provided the spouse or child meets the criteria of INA 201(b)(2)(A)(i) 
and the Consular Officer has received an approved petition from the INS 
which accords such status, or official notification of such approval, 
and the Consular Officer is satisfied that the alien meets those 
criteria.
    7. Amend Sec. 42.71 by revising paragraph (a) to read as follows:


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 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.
* * * * *
    Dated: September 16, 1999.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 99-26612 Filed 10-12-99; 8:45 am]
BILLING CODE 4710-06-P