(a) Execution of visa application—(1) Application fee. A fee is prescribed for each application for an immigrant visa. It shall be collected prior to the execution of the application and a receipt shall be issued.
(2) Oath and signature on Form DS-230. The applicant shall be required to read the Form DS-230, Application for Immigrant Visa and Alien Registration, when it is completed, or it shall be read to the applicant in the applicant's language, or the applicant shall otherwise be informed of its full contents. Applicants shall be asked whether they are willing to subscribe thereto. If the applicant is not willing to subscribe to the application unless changes are made in the information stated therein, the required changes shall be made. The application shall then be sworn to or affirmed and signed by or on behalf of the applicant before a consular officer, or a designated officer of the American Institute of Taiwan, who shall then sign the application over the officer's title.
(3) Oath and signature on Form DS-260. The applicant shall be required to read the Form DS-260, Electronic Application for Immigrant Visa and Alien Registration, when it has been completed, or it shall be read to the applicant in the applicant's language, or the applicant shall otherwise be informed of its full contents, before the applicant electronically signs and submits the application to the Department. At the time of the applicant's interview the applicant shall be asked whether they are willing to subscribe thereto to the information provided on Form DS-260. If the alien is not willing to subscribe to the application unless changes are made in the information stated therein, the required changes shall be made. The application shall then be sworn to or affirmed and signed, biometrically, by or on behalf of the applicant before a consular officer, or a designated officer of the American Institute of Taiwan, who shall then electronically sign the application.
(b) Registration. The alien shall be considered to be registered for the purposes of INA 221(b) and 203(g) upon the filing of Form DS-230 or Form DS-260, when duly executed, or the transmission by the Department to the alien of a notification of the availability of an immigrant visa, whichever occurs first.
(c) Fingerprinting. Every applicant for an immigrant visa must furnish fingerprints prior to the execution of Form DS-230 or Form DS-260.
[75 FR 45476, Aug. 3, 2010]
Notes of Decisions
Singh v. Clinton, 618 F.3d 1085 (9th Cir. 2010).
· cites it 2× “” 22 C.F.R. § 42.67 (b) (emphasis added). Another governing regulation more loosely states that “an alien’s registration for an immigrant visa shall be terminated if, within one year after transmission of a notification of the availability of an immigrant visa, the applicant…”
Park v. Gonzales, 450 F. Supp. 2d 1153 (D. Or. 2006).
· cites it 2× “” 22 C.F.R. § 42.67 (b). Termination of a registration by the Secretary of State under section 1153(g) is grounds for automatic revocation of PAR-Form 1130.”
Manzoor v. United States Citizenship & Immigr. Servs. (D.D.C. 2022).
· cites it 2× “See 22 C.F.R. § 42.67 (a). Only once that additional form is submitted can NVC move to the final step—an interview between the recipient of the visa and a United States consular officer.”
Dean v. United States Dep't of Homeland Sec. (D.D.C. 2022).
· cites it 2× “See 22 C.F.R. § 42.67 (a). Only once that additional form is submitted can NVC move to the final step—an interview between the recipient of the visa and a United States consular officer.”
Augustin v. Blinken (D.D.C. 2023).
· cites it 2× “See 22 C.F.R. § 42.67 (a)(3). As part of this step, the I-130 petitioner must submit processing fees, forms, and supporting documents to the National Visa Center through the State Department’s Consular Electronic Application Center, which provides access to the case profile,…”
Kangarloo v. Pompeo (D.D.C. 2020).
“Immediately upon concluding the interview, “the consular officer must issue the visa, refuse the visa under INA [sections] 212(a) or 221(g) or other applicable law or, pursuant to an outstanding order under INA [section] 243(d), discontinue granting the visa.”
Pourshakouri v. Pompeo (D.D.C. 2021).
“See 22 C.F.R. § 42.67 . In conjunction with completing the Form DS-260, the relative must pay an application fee, furnish fingerprints, and participate in an interview with a consular officer at a U.”
Arab v. Blinken (D.D.C. 2022).
“22 C.F.R. § 42.67 . After processing the requisite materials, NVC schedules an interview for the applicant with a consular officer at the embassy with jurisdiction over the applicant’s residence.”
Rahimian v. Blinken (D.D.C. 2023).
“See 22 C.F.R. § 42.67 (outlining application fees and additional documentation that an applicant must submit to NVC to complete the application, including an oath and a signature on Forms DS-230 and 260, a “[f]orm of attestation for certain repeat applications due to COVID-19,”…”
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