(a) Application forms—(1) Application on Form DS-230 or Form DS-260 required. Every alien applying for an immigrant visa must make application, as directed by the consular officer, on Form DS-230, Application for Immigrant Visa and Alien Registration, or on Form DS-260, Electronic Application for Immigrant Visa and Alien Registration. This requirement may not be waived. Form DS-230 consists of parts I and II which, together, are meant in any reference to this Form.
(2) Application of alien under 14 or physically incapable. The application on Form DS-230 or on Form DS-260 for an alien under 14 years of age or one physically incapable of completing an application may be executed by the alien's parent or guardian, or, if the alien has no parent or guardian, by any person having legal custody of, or a legitimate interest in, the alien.
(b) Preparation of forms. The consular officer shall ensure that Form DS-230 or Form DS-260 and all other forms an alien is required to submit are fully and properly completed in accordance with the applicable regulations and instructions.
(c) Additional information as part of application. The officer may require the submission of additional information or question the alien on any relevant matter whenever the officer believes that the information provided in Form DS-230 or Form DS-260 is inadequate to determine the alien's eligibility to receive an immigrant visa. Additional statements made by the alien become a part of the visa application. All documents required under the authority of § 42.62 are considered papers submitted with the alien's application within the meaning of INA 221(g)(1).
[75 FR 45476, Aug. 3, 2010]
Notes of Decisions
Cited in
24
cases (
20 in the last 5 years), 1977–2026 · leading case:
Singh v. Clinton, 618 F.3d 1085 (9th Cir. 2010).
Singh v. Clinton, 618 F.3d 1085 (9th Cir. 2010).
“See 22 C.F.R. § 42.63 (a). An alien’s failure to act upon notice of visa eligibility has grave consequences.”
Angco v. Haig, 514 F. Supp. 1328 (E.D. Pa. 1981).
“§ 1153 (c); 22 C.F.R. § 42.63 (a). 12 . In addition to declaratory relief, the plaintiffs sought to enjoin defendant to preserve seven sixth preference visa numbers for the plaintiffs use in the event that they prevailed on the merits.”
Jamalinia v. Blinken (E.D. Cal. 2025).
· cites it 2× “See 22 C.F.R. § 42.63 (a). 19 Following the interview, the consular officer must either issue the visa or refuse it under 20 applicable law.”
Borzouei v. Bitter (S.D. Cal. 2022).
“§1202 (e); 22 C.F.R. §§ 42.63 , 42.64. 20 Plaintiff contends that following USCIS approval, he submitted the Immigrant 21 Visa and Alien Registration Application Form (DS-260 confirmation number 22 AA009VXAOR) on December 21, 2020.”
Ebrahimi v. Bitter (M.D. Tenn. 2023).
“html; see also 22 C.F.R. §§ 42.63 , 42.67. Consular officers alone have the authority to issue or refuse to issue an immigrant visa.”
Sheikhalizadehjahed v. Gaudiosi (E.D. Cal. 2024).
“Accordingly, the Court looks to regulations, including 22 C.F.R. §§ 42.63 (c) and 42.83(b), 25 and the information DOS communicated to Plaintiff’s father, to define the concept of final adjudication.”
Parva v. Blinken (D. Maryland 2024).
“22 C.F.R. § 42.63 (a)(1) (2023). Under federal regulations, after the interview, “the consular officer must issue the visa, refuse the visa under [Immigration and Nationality Act (“INA”) section] 212(a) or 221(g) or other applicable law, or .”
Shoaie v. Blinken (D.D.C. 2024).
“See 22 C.F.R. § 42.63 (a)(1) (“Every alien applying for an immigrant visa must make application, as directed by the consular officer, on Form DS-230, Application for Immigrant Visa and Alien Registration, or on Form DS-260, Electronic Application for Immigrant Visa and Alien…”
Alam v. Blinken (E.D. Cal. 2024).
“” 22 C.F.R. § 42.63 (c). 19 This suggests the consular official did not reach a final decision to deny Plaintiff S.”
Cargill v. Warden Healy (N.D. Ohio 2025).
“§§ 1201 (a), 1202(a); 22 C.F.R. § 42.63 (a)(1) (“Every alien applying for an immigrant visa must make an application, as directed by the consular officer .”
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