An immigrant within any of the following categories is not required to present a passport in applying for an immigrant visa:
(a) Certain relatives of U.S. citizens. An alien who is the spouse, unmarried son or daughter, or parent, of a U.S. citizen, unless the alien is applying for a visa in the country of which the applicant is a national and the possession of a passport is required for departure.
(b) Returning aliens previously lawfully admitted for permanent residence. An alien previously lawfully admitted for permanent residence who is returning from a temporary visit abroad, unless the alien is applying for a visa in the country of which the applicant is a national and the possession of a passport is required for departure.
(c) Certain relatives of aliens lawfully admitted for permanent residence. An alien who is the spouse, unmarried son or daughter, or parent of an alien lawfully admitted for permanent residence, unless the alien is applying for a visa in the country of which the applicant is a national and the possession of a passport is required for departure.
(d) Stateless persons. An alien who is a stateless person, and accompanying spouse and unmarried son or daughter.
(e) Nationals of Communist-controlled countries. An alien who is a national of a Communist-controlled country and who is unable to obtain a passport from the government of that country, and accompanying spouse and unmarried son or daughter.
(f) Alien members of U.S. Armed Forces. An alien who is a member of the U.S. Armed Forces.
(g) Beneficiaries of individual waivers. (1) An alien who would be within one of the categories described in paragraphs (a) through (d) of this section except that the alien is applying for a visa in a country of which the applicant is a national and possession of a passport is required for departure, in whose case the passport requirement has been waived by the Secretary of State, as evidence by a specific instruction from the Department.
(2) An alien unable to obtain a passport and not within any of the foregoing categories, in whose case the passport requirement imposed by § 42.64(b) or by DHS regulations has been waived by the Secretary of Homeland Security and the Secretary of State as evidenced by a specific instruction from the Department.
[52 FR 42613, Nov. 5, 1987, as amended at 56 FR 49680, Oct. 1, 1991]
authority: 8 U.S.C. 1104 and 1182; Pub. L. 105-277, 112 Stat. 2681; Pub. L. 108-449, 118 Stat. 3469; The Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (done at the Hague, May 29, 1993), S. Treaty Doc. 105-51 (1998), 1870 U.N.T.S. 167 (Reg. No. 31922 (1993));
42 U.S.C. 14901-14954 (Pub. L. 106-279, 114 Stat. 825);
8 U.S.C. 1101 (Pub L. 117-31, 135 Stat. 309);
8 U.S.C. 1154 (Pub. L. 109-162, 119 Stat. 2960);
8 U.S.C. 1201 (Pub. L. 114-70, 129 Stat. 561)
source: 52 FR 42613, Nov. 5, 1987, unless otherwise noted.
cite as: 22 CFR 42.2