[Federal Register Volume 62, Number 98 (Wednesday, May 21, 1997)]
[Rules and Regulations]
[Pages 27693-27694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13332]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 42
[Public Notice 2546]
Visas: Documentation of Immigrants Under the Immigration and
Nationality Act; Validity of Immigrant Visas
AGENCY: Bureau of Consular Affairs, Department of State.
ACTION: Final rule.
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SUMMARY: On September 30, 1996, the Immigration and Nationality Act
(INA) was amended to, inter alia, grant authority to the Secretary of
State to extend the period of validity of an immigrant visa to six
months from the date of issuance. The Secretary of State, hereby,
exercises that authority and amends the Department's regulations
accordingly.
DATES: This rule is effective October 1, 1997.
ADDRESSES: Chief, Legislation and Regulations Division, Visa Office,
Room L603-C, SA-1, Washington, D.C. 20520-0106.
FOR FURTHER INFORMATION CONTACT: Stephen K. Fischel, Chief, Legislation
[[Page 27694]]
and Regulations Division, (202) 663-1203.
SUPPLEMENTARY INFORMATION: On September 30, 1996 the President signed
into law Division ``C'' of the Omnibus Consolidated Appropriations Act,
1997, the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996, (IIRIRA), Public Law 104-208, 110 stat. 3009. Section 631(a)
amends INA 221(c) by altering the maximum period of validity of an
immigrant visa from four months to six months. The Department is
amending the corresponding regulation at 22 CFR 42.72(a) to extend the
validity period of an immigrant visa to six months. The Department is
also amending 22 CFR 42.72(e) regarding the scheduling of the immigrant
visa appointment to comply.
Benefit to State Department and Visa Applicants
The Department has found that the four-month validity period of the
immigrant visa does not always provide sufficient time for visa
recipients to finalize their plans and complete necessary preparations
for their permanent move to the United States. It sometimes takes
longer than four months to sell homes and businesses, as well as
coordinate school schedules for family members. Other unforeseen events
such as medical emergencies may arise. Such unforeseen events often
result in the necessity of issuing a new visa. The amendment of the
regulations to extend the validity period to six months will greatly
reduce the necessity of issuing new visas to visa recipients who could
not gain admission to the United States during that four-month period
for reasons beyond their control. It also will provide visa recipients
greater flexibility in preparing for the transfer of their permanent
residence.
Final Rule
The implementation of this rule as a final rule is based upon the
``good cause'' exceptions established by 5 U.S.C. 553(b)(B) and
553(d)(3). This rule grants or recognizes an exemption or relieves a
restriction under 5 U.S.C. 553(d)(1) and is considered beneficial to
the United States Government.
This rule is not expected to have a significant impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act (5 U.S.C. 605(b)). This rule imposes no
reporting or record-keeping action from the public requiring the
approval of the Office of Management and Budget under the Paperwork
Reduction Act requirements. This rule has been reviewed as required by
E.O. 12988 and certified to be in compliance therewith. This rule is
exempted from E.O. 12866 but has been reviewed to ensure consistency
therewith.
List of Subjects in 22 CFR Part 42
Aliens, Immigrants, Passports and visas, Visa validity.
In view of the foregoing, 22 CFR is amended as follows:
PART 42--[AMENDED]
1. The authority citation for Part 42 continues to read:
Authority: 8 U.S.C. 1104.
2. Section 42.72 is amended by revising the first sentence in
paragraph (a), paragraph (e)(1), and the first two sentences of
paragraph (e)(4) to read as follows:
Sec. 42.72 Validity of visas.
(a) Period of validity. With the exception indicated herein, the
period of validity of an immigrant visa shall not exceed six months,
beginning with the date of issuance. * * *
* * * * *
(e) Aliens entitled to the benefits of sections 154 (a) and (b) of
Pub. L. 101-649. (1) Notwithstanding the provisions of paragraphs (a)
through (d) of this section, the period of validity of an immigrant
visa issued to an immigrant described in paragraph (e)(2) of this
section may, at the request of the applicant, be extended until January
1, 2002, if the applicant so requests either at the time of issuance of
the visa or within six months thereafter. If an applicant entitled to
issuance of an immigrant visa having an extended period of validity
fails to request extended validity at the time of issuance but
subsequently, within six months thereafter, requests that the validity
be extended pursuant to this paragraph, the consular officer shall
issue a replacement visa to the alien in accordance with the provisions
of Sec. 42.74(b).
* * * * *
(4) An alien who has elected to have the period of validity of his
or her visa extended pursuant to paragraph (e)(1) of this section
shall, if his or her contemplated date of application for admission
into the United States is no later than six months following the date
of visa issuance, notify the appropriate consular officer of his or her
intention to travel to the United States for this purpose. The consular
officer shall thereupon schedule an appointment with such alien for the
purpose of determining whether or not the alien remains admissible into
the United States as an immigrant. Such appointment shall be scheduled
not sooner than six months preceding the alien's contemplated date of
application for admission for permanent residence. * * *
* * * * *
Dated: April 30, 1997.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 97-13332 Filed 5-20-97; 8:45 am]
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