22 C.F.R. § 42.42
Petitions for immediate relative or preference status
Petition for immediate relative or preference status. The consular officer may not issue a visa to an alien as an immediate relative entitled to status under 201(b), a family-sponsored immigrant entitled to preference status under 203(a)(1)-(4), or an employment-based preference immigrant entitled to status under INA 203(b)(1)-(5), unless the officer has received a petition filed and approved in accordance with INA 204 or official notification of such filing and approval.
Notes of Decisions
Cited in 8
cases (4 in the last 5 years), 1961–2024 · leading case: Dep't of State v. Munoz, 602 U.S. 899 (2024).
Dep't of State v. Munoz, 602 U.S. 899 (2024). “See § 1154(b); 22 CFR §§ 42.42 , 42.61 (2023). A consular offcer interviews Page Proof Pending Publication the noncitizen spouse and makes the fnal admission decision.”
United States v. Geiser, 527 F.3d 288 (3rd Cir. 2008). “The State Department issued regulations interpreting the INA, among them 22 C.F.R. § 42.42 . This regulation provided that an alien was inadmissible if he “was guilty of, or .”
Dep't of State v. Munoz, 602 U.S. 899 (2024). “See §1154(b); 22 CFR §§42.42 , 42.61 (2023). A consular officer interviews the noncitizen spouse and makes the final admission deci- sion.”
United States v. Lileikis, 929 F. Supp. 31 (D. Mass. 1996). “Count III alleges that because 22 C.F.R. § 42.42 (a)(29) (1954 Supp.) disallowed the issuance of an entry visa to any alien who "advocated or acquiesced in activities or conduct contrary to civilization and human decency on behalf of a power which was at war with the United…”
S- & B-c, 9 I. & N. Dec. 436 (BIA 1961). “The Service representative contends that the visa is invalid under 22 CFR 42.42(b). This section does not invalidate a visa which has been issued; it merely provides authority to a consul for refusing to issue a visa where certain requirements have not been met or there has been…”
Dep't of State v. Munoz Revisions: 6/21/24, 602 U.S. 899 (2024). “See §1154(b); 22 CFR §§42.42 , 42.61 (2023). A consular officer interviews the noncitizen spouse and makes the final admission deci- sion.”
United States v. Geiser (3rd Cir. 2008). “The State Department issued regulations interpreting the INA, among them 22 C.F.R. § 42.42 . This regulation provided that an alien was inadmissible if he “was guilty of, or .”
Polyzopoulos v. Barr (D.D.C. 2021). “22 C.F.R. § 42.42 ; see also 8 U.S.C. § 1153 (f).”
— 22 C.F.R. § 42.42(b) — 1 case
S- & B-c, 9 I. & N. Dec. 436 (BIA 1961). “The Service representative contends that the visa is invalid under 22 CFR 42.42(b). This section does not invalidate a visa which has been issued; it merely provides authority to a consul for refusing to issue a visa where certain requirements have not been met or there has been…”
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