22 C.F.R. § 42.41
Effect of approved petition
Consular officers are authorized to grant to an alien the immediate relative or preference status accorded in a petition approved in the alien's behalf upon receipt of the approved petition or official notification of its approval. The status shall be granted for the period authorized by law or regulation. The approval of a petition does not relieve the alien of the burden of establishing to the satisfaction of the consular officer that the alien is eligible in all respects to receive a visa.
Notes of Decisions
Cited in 8
cases (7 in the last 5 years), 2018–2026 · leading case: Adrian Da Costa v. Immigr. Inv. Prog. Off., 80 F.4th 330 (D.C. Cir. 2023).
Adrian Da Costa v. Immigr. Inv. Prog. Off., 80 F.4th 330 (D.C. Cir. 2023). “22 C.F.R. §§ 42.41 , 42.42, 42.51. The State Department publicly announces visa availability on an ongoing basis through its Visa Bulletins.”
Delaware Valley Reg'l Ctr., LLC v. DHS, 106 F.4th 1195 (D.C. Cir. 2024). “See 22 C.F.R. §§ 42.41 , 42.51. Moreover, the State Department limits the number of visas that may be issued to nationals from each foreign country.”
Kumar v. U.S. Citizenship & Immig. Servs. (2d Cir. 2018). “…beneficiary’s completed application, conducts an 2 interview, and issues the visa. See 8 U.S.C. §§ 1101 (a)(9), 1201; 22 C.F.R. §§ 42.41 , 42.61, 42.62; 9 Foreign Affairs Manual § 102.2-2. If, however, a petitioner “file[s]” a “written notice of withdrawal . . . with any…”
Abbas v. United States Dep't of Homeland Sec. (D.D.C. 2021). “Obtaining a Form I-130 is necessary before a spouse can pursue a visa application, see 22 C.F.R. §§ 42.41 , 42.42; until that time, the State Department has no obligation to act on the application.”
Ebrahimi v. Bitter (M.D. Tenn. 2023). “See 22 C.F.R. § 42.41 (“The approval of a petition does not relieve the alien of the burden of establishing to the satisfaction of the consular officer that the alien is eligible in all respects to receive a visa.”
Dalmar v. Blinken (D.D.C. 2024). “§ 1201 (a)(1); 22 C.F.R. § 42.41 . Part of the application process involves a consular interview.”
Awada v. Assistant Sec'y for Consular Affairs, U.S. Dep't of State (N.D. Ohio 2025). “See 22 C.F.R. § 42.41 (“The approval of a petition does not relieve the alien of the burden of establishing to the satisfaction of the consular officer that the alien is eligible in all respects to receive a visa.”
Dorobati (E.D. Ark. 2026). “, 22 C.F.R. § 42.41 (“The approval of a petition does not relieve the alien of the burden of establishing to the satisfaction of the consular officer that the alien is eligible in all respects to receive a visa.”
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