[Federal Register Volume 71, Number 165 (Friday, August 25, 2006)]
[Rules and Regulations]
[Pages 50338-50339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14140]


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DEPARTMENT OF STATE

[Public Notice 5523]

22 CFR Part 41

RIN 1400-AC06


Visas: Documentation of Nonimmigrants Under the Immigration and 
Nationality Act; Correction

AGENCY: Department of State.

ACTION: Correcting amendments.

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SUMMARY: This document contains corrections to the final rule published 
in the Federal Register of June 30, 2006. The rule expanded guidance to 
consular offices for the review of nonimmigrant visa issuances and 
refusals.

DATES: Effective Date: This rule is effective on August 25, 2006.

FOR FURTHER INFORMATION CONTACT: Charles E. Robertson, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
DC 20520-0106. Phone: 202-663-3969. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Why Is the Department Correcting This Rule?

    The rule as published on June 30, 2006 (71 FR 37494), contained an 
amendment to 22 CFR 41.121, governing review nonimmigrant visa 
refusals, as well as an addition to 22 CFR 41.113 providing guidelines 
for review of nonimmigrant visa issuances. Due to a clerical error, the 
first appearance of the words ``refusal'' and ``issuance'' in their 
respective rules is transposed, so that the first appearance of the 
word ``issuance'' in 41.113 (i) appears as ``refusal'' and the first 
appearance of the word ``refusal'' in 41.121 (c) appears as 
``issuance''. The purpose of this correction is to reverse that 
transposition so that the purpose of each rule change is clear.

List of Subjects in 22 CFR Part 41

    Aliens, Foreign officials, Immigration, Nonimmigrants, Passports 
and visas, Students.


0
Accordingly, 22 CFR part 41 is corrected by making the following 
correcting amendments:

PART 41--VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE 
IMMIGRATION AND NATIONALITY ACT

0
1. The authority citation for part 41 shall continue to read as 
follows:

    Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795 
through 2681-801. Additional authority is derived from section 104 
of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (IIRIRA) Pub. L. 104-208, 110 Stat. 3546.


0
2. In Sec.  41.113, revise paragraph (i) to read as follows:


Sec.  41.113  Procedures in issuing visas.

* * * * *
    (i) Nonimmigrant visa issuances must be reviewed, in accordance 
with guidance by the Secretary of State, by consular supervisors, or a 
designated alternate, to ensure compliance with applicable laws and 
procedures. Visa issuances must be reviewed without delay; that is, on 
the day of issuance or as soon as is administratively possible. If the 
reviewing officer disagrees with the decision and he or she has a 
consular commission and title, the reviewing officer may assume 
responsibility and readjudicate the case. If the reviewing officer does 
not have a consular commission and title, he or she

[[Page 50339]]

must consult with the adjudicating officer, or with the Visa Office, to 
resolve any disagreement.


0
3. In Sec.  41.121, revise paragraph (c) to read as follows:


Sec.  41.121  Refusal of individual visas.

* * * * *
    (c) Nonimmigrant refusals must be reviewed, in accordance with 
guidance by the Secretary of State, by consular supervisors, or a 
designated alternate, to ensure compliance with laws and procedures. If 
the ground(s) of ineligibility upon which the visa was refused cannot 
be overcome by the presentation of additional evidence, the refusal 
must be reviewed without delay; that is, on the day of the refusal or 
as soon as it is administratively possible. If the ground(s) of 
ineligibility may be overcome by the presentation of additional 
evidence, and the applicant has indicated the intention to submit such 
evidence, a review of the refusal may be deferred for not more than 120 
days. If the reviewing officer disagrees with the decision and he or 
she has a consular commission and title, the reviewing officer can 
assume responsibility and readjudicate the case. If the reviewing 
officer does not have a consular commission and title, he or she must 
consult with the adjudicating officer, or with the Visa Office, to 
resolve any disagreement.
* * * * *

    Dated: August 7, 2006.
Stephen A. Edson,
Deputy Assistant Secretary, Visa Services, Department of State.
[FR Doc. E6-14140 Filed 8-24-06; 8:45 am]
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