C.F.R. » Title 22 » CHAPTER I—DEPARTMENT OF STATE › SUBCHAPTER E—VISAS › PART 42—VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED › Subpart A—Visa and Passport Not Required for Certain Immigrants

22 C.F.R. § 42.1

Aliens not required to obtain immigrant visas

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

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

(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 the Department of Homeland Security 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.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1959–2023 · leading case: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, 599 U.S. 382 (2023).
Sort: Relevance Newest Treatment
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, 599 U.S. 382 (2023). “§ 1359 (setting special immigration rules for “American Indians born in Canada”); 22 CFR § 42.1 (f) (2022) (similar); Matter of Yellowquill, 16 I.”
Refugio Silva v. Griffin B. Bell, United States Attorney Gen., 605 F.2d 978 (7th Cir. 1979). “169 (1952), superseded effective December 1, 1965, by 22 C.F.R. § 42.1 . 2 . Aji alien seeking a visa initiated the application process by submitting, or having submitted on his behalf, to a consular officer or the INS certain required documentation relevant to eligibility.”
Ascher, 14 I. & N. Dec. 271 (BIA 1972). · cites it 5× “The term "foreign state" is defined in 22 CFR 42.1, which reads as follows: For the purpose of according alternate chargeability pursuant to section 202(b) of the Act, the term "foreign state" is not restricted to those areas to which the numerical limitation prescribed by…”
Imelda Contreras De Avilia, Fidel Ocampoocampo, Candelario Escobar De Ocampo, & Cross-Appellants v. Benjamin Civiletti, & Cross-Appellees, 643 F.2d 471 (7th Cir. 1981). “22 C.F.R. § 42.1 (1980). 2 . As a result of procedures in the visa issuance system not at issue here, actual issuances do not always match the authorized level of allocation.”
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, 599 U.S. 382 (2023). “§1359 (setting special immigration rules for “American Indians born in Canada”); 22 CFR §42.1 (f ) (2022) (similar); Matter of Yellowquill, 16 I.”
Martinez-gomez, 14 I. & N. Dec. 104 (BIA 1972). · cites it 6× “" The term "accompanied by" is not defined in the Immigration and Nationality Act but is defined in 22 CFR 42.1 as follows: "Accompanying" or "accompanied by" means, in addition to an alien in the physical company of a principal alien, an alien who is issued an immigrant visa…”
Khan, 14 I. & N. Dec. 122 (BIA 1972). “) The State Department regulation, 22 CFR 42.1, defines "accompanying" or "accompanied by" as meaning an alien in the physical company of a principal alien, and concludes with this significant statement: "An accompanying relative may not precede the principal alien to the United…”
G, 8 I. & N. Dec. 355 (BIA 1959). “(Note 7, Revised August 1, 1053, Visa Handbook 22 CFR 42.1). In view of the differing interpretations, the Commissioner of the Immigration and Naturalization Service requested that the conflict he resolved.”
Ponce De Leon, 14 I. & N. Dec. 106 (BIA 1972). · cites it 6× “" The term "accompanied by" is not defined in the Immigration and Nationality Act but is defined in 22 CFR 42.1 as follows: "Accompanying" or "accompanied by" means, in addition to an alien in the physical company of a principal alien, an alien who is issued an immigrant visa…”
Chatterton, 14 I. & N. Dec. 82 (BIA 1972). · cites it 4× “) The term "foreign state" is defined in 22 CFR 42.1, which reads as follows: For the purpose of according alternate chargeability pursuant to section 202(b) of the Act, the term "foreign state" is not restricted to those areas to which the numerical limitation prescribed by…”
Hamlin, 15 I. & N. Dec. 443 (BIA 1975). “The term "accompany", though not defined in the Act, is defined in 22 CFR 42.1. See also Matter of Ascher, supra.”
Wagio Kong Tjauw Wong v. Esperdy, 214 F. Supp. 264 (S.D.N.Y. 1963). “22 C.F.R. § 42.1 (1962 Cum.Supp.). . 22 C.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.