22 CFR 42.11 - Classification symbols.

Regulations last checked for updates: Nov 22, 2024

Title 22 - Foreign Relations last revised: Oct 28, 2024

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§ 42.11 - Classification symbols.

An immigrant visa issued to an applicant who applies to one of the classes described below shall bear an appropriate visa symbol to show its classification.

Table 1 to § 42.11

Symbol	Class	Section of law
Immediate Relatives
IR1	Spouse of U.S. Citizen	INA 201(b).
IR2	Child of U.S. Citizen	INA 201(b).
IR3	Orphan Adopted Abroad by U.S. Citizen	INA 201(b) & INA 101(b)(1)(F).
IH3	Child from Hague Convention Country Adopted Abroad by U.S. Citizen	INA 201(b) & INA 101(b)(1)(G).
IR4	Orphan to be Adopted in U.S. by U.S. Citizen	INA 201(b) & INA 101(b)(1)(F).
IH4	Child from Hague Convention Country to be Adopted in U.S. by U.S. Citizen	INA 201(b) & INA 101(b)(1)(G).
IR5	Parent of U.S. Citizen at Least 21 Years of Age	INA 201(b).
CR1	Spouse of U.S. Citizen (Conditional Status)	INA 201(b) & INA 216.
CR2	Child of U.S. Citizen (Conditional Status)	INA 201(b) & INA 216.
IW1	Certain Spouses of Deceased U.S. Citizens	INA 201(b).
IW2	Child of IW1	INA 201(b).
IB1	Self-petition Spouse of U.S. Citizen	INA 204(a)(1)(A)(iii).
IB2	Self-petition Child of U.S. Citizen	INA 204(a)(1)(A)(iv).
IB3	Child of IB1	INA 204(a)(1)(A)(iii).
IB5	Self-petition Parent of U.S. Citizen	INA 204(a)(1)(A)(vii).
VI5	Parent of U.S. Citizen Who Acquired Permanent Resident Status under the Virgin Islands Nonimmigrant Alien Adjustment Act	INA 201(b) & Section 2 of the Virgin Islands Nonimmigrant Alien Adjustment Act (Pub. L. 97-271).
Vietnam Amerasian Immigrants
AM1	Vietnam Amerasian Principal	Section 584(b)(1)(A) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Pub. L. 100-102) as amended.
AM2	Spouse or Child of AM1	Section 584(b)(1)(A) and 584(b)(1)(B) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Pub. L. 100-102) as amended.
AM3	Natural Mother of AM1 (and Spouse or Child of Such Mother) or Person Who has Acted in Effect as the Mother, Father, or Next-of-Kin of AM1 (and Spouse or Child of Such Person)	Section 584(b)(1)(A) and 584(b)(1)(C) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Pub. L. 100-102) as amended.
Special Immigrants
SB1	Returning Resident	INA 101(a)(27)(A).
SC1	Person Who Lost U.S. Citizenship by Marriage	INA 101(a)(27)(B) & INA 324(a).
SC2	Person Who Lost U.S. Citizenship by Serving in Foreign Armed Forces	INA 101(a)(27)(B) & INA 327.
SI1	Certain Persons Employed by the U.S. Government in Iraq or Afghanistan as Translators or Interpreters	Section 1059 of Public Law 109-163, as amended.
SI2	Spouse of SI1	Section 1059 of Public Law 109-163, as amended.
SI3	Child of SI1	Section 1059 of Public Law 109-163, as amended.
SM1	Person Recruited Outside the United States Who Has Served or is Enlisted to Serve in the U.S. Armed Forces for 12 Years	INA 101(a)(27)(K).
SM2	Spouse of SM1	INA 101(a)(27)(K).
SM3	Child of SM1	INA 101(a)(27)(K).
SQ1	Certain Iraqis or Afghans Employed by or on Behalf of the U.S. Government	Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Public Law 111-8, as amended and Section 1244 of Public Law 110-181, as amended.
SQ2	Spouse of SQ1	Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Public Law 111-8, as amended and Section 1244 of Public Law 110-181, as amended.
SQ3	Child of SQ1	Section 602(b), Division F, Title VI, Omnibus Appropriations Act of 2009, Public Law 111-8, as amended and Section 1244 of Public Law 110-181, as amended.
SU2	Spouse of U1	INA 245(m)(3) & INA 101(a)(15)(U)(ii).
SU3	Child of U1	INA 245(m)(3) & INA 101(a)(15)(U)(ii).
SU5	Parent of U1	INA 245(m)(3) & INA 101(a)(15)(U)(ii).
Family-Sponsored Preferences
Family 1st Preference
F11	Unmarried Son or Daughter of U.S. Citizen	INA 203(a)(1).
F12	Child of F11	INA 203(b) & INA 203(a)(1).
B11	Self-petition Unmarried Son or Daughter of U.S. Citizen	INA 204(a)(1)(A)(iv) & INA 203(a)(1).
B12	Child of B11	INA 203(d), INA 204(a)(1)(A)(iv), & INA 203(a)(i).
Family 2nd Preference (Subject to Per-Country Limitations)
F21	Spouse of Lawful Permanent Resident	INA 203(a)(2)(A).
F22	Child of Lawful Permanent Resident	INA 203(a)(2)(A).
F23	Child of F21 or F22	INA 203(d) & INA 203(a)(2)(A).
F24	Unmarried Son or Daughter of Lawful Permanent Resident	INA 203(a)(2)(B).
F25	Child of F24	INA 203(d) & INA 203(a)(2)(B).
C21	Spouse of Lawful Permanent Resident (Conditional)	INA 203(a)(2)(A) & INA 216.
C22	Child of Lawful Permanent Resident (Conditional)	INA 203(a)(2)(A) & INA 216.
C23	Child of C21 or C22 (Conditional)	INA 203(a)(2)(A), INA 203(d) & INA 216.
C24	Unmarried Son or Daughter of Lawful Permanent Resident (Conditional)	INA 203(a)(2)(B) & INA 216.
C25	Child of C24 (Conditional)	INA 203(a)(2)(B), INA 203(d), & INA 216.
B21	Self-petition Spouse of Lawful Permanent Resident	INA 204(a)(1)(B)(ii).
B22	Self-petition Child of Lawful Permanent Resident	INA 204(a)(1)(B)(iii).
B23	Child of B21 or B22	INA 203(d) & INA 204(a)(1)(B)(ii).
B24	Self-petition Unmarried Son or Daughter of Lawful Permanent Resident	INA 204(a)(1)(B)(iii).
B25	Child of B24	INA 203(d) & INA 204(a)(1)(B)(iii).
Family 2nd Preference (Exempt from Per-Country Limitations)
FX1	Spouse of Lawful Permanent Resident	INA 202(a)(4)(A) & INA 203(a)(2)(A).
FX2	Child of Lawful Permanent Resident	INA 202(a)(4)(A) & INA 203(a)(2)(A).
FX3	Child of FX1 or FX2	INA 202(a)(4)(A), INA 203(a)(2)(A), & INA 203(d).
CX1	Spouse of Lawful Permanent Resident (Conditional)	INA 202(a)(4)(A), INA 203(a)(2)(A), & INA 216.
CX2	Child of Lawful Permanent Resident (Conditional)	INA 202(a)(4), INA 203(a)(2)(A), & INA 216.
CX3	Child of CX1 or CX2 (Conditional)	INA 202(a)(4)(A), INA 203(a)(2)(A), INA 203(d), & INA 216.
BX1	Self-petition Spouse of Lawful Permanent Resident	INA 204(a)(1)(B)(ii).
BX2	Self-petition Child of Lawful Permanent Resident	INA 204(a)(1)(B)(iii).
BX3	Child of BX1 or BX2	INA 203(d) & INA 204(a)(1)(B)(ii).
Family 3rd Preference
F31	Married Son or Daughter of U.S. Citizen	INA 203(a)(3).
F32	Spouse of F31	INA 203(d) & INA 203(a)(3).
F33	Child of F31	INA 203(d) & INA 203(a)(3).
C31	Married Son or Daughter of U.S. Citizen (Conditional)	INA 203(a)(3) & INA 216.
C32	Spouse of C31 (Conditional)	INA 203(d), INA 203(a)(3), & INA 216.
C33	Child of C31 (Conditional)	INA 203(d), INA 203(a)(3), & INA 216.
B31	Self-petition Married Son or Daughter of U.S. Citizen	INA 204(a)(1)(A)(iv) & INA 203(a)(3).
B32	Spouse of B31	INA 203(d), INA 204(a)(1)(A)(iv) & INA 203(a)(3).
B33	Child of B31	INA 203(d), INA 204(a)(1)(A)(iv), & INA 203(a)(3).
Family 4th Preference
F41	Brother or Sister of U.S. Citizen at Least 21 Years of Age	INA 203(a)(4).
F42	Spouse of F41	INA 203(a)(4) & INA 203(d).
F43	Child of F41	INA 203(a)(4) & INA 203(d).
Employment-Based Preferences
Employment 1st Preference (Priority Workers)
E11	Person with Extraordinary Ability	INA 203(b)(1)(A).
E12	Outstanding Professor or Researcher	INA 203(b)(1)(B).
E13	Multinational Executive or Manager	INA 203(b)(1)(C).
E14	Spouse of E11, E12, or E13	INA 203(d), INA 203(b)(1)(A), INA 203(b)(1)(B), & INA 203(b)(1)(C).
E15	Child of E11, E12, or E13	INA 203(d), INA 203(b)(1)(A), INA 203(b)(1)(B), & INA 203(b)(1)(C).
Employment 2nd Preference (Professionals Holding Advanced Degrees or Persons of Exceptional Ability)
E21	Professional Holding Advanced Degree or Person of Exceptional Ability	INA 203(b)(2).
E22	Spouse of E21	INA 203(b)(2) & INA 203(d).
E23	Child of E21	INA 203(b)(2) & INA 203(d).
Employment 3rd Preference (Skilled Workers, Professionals, or Other Workers)
E31	Skilled Worker	INA 203(b)(3)(A)(i).
E32	Professional Holding Baccalaureate Degree	INA 203(b)(3)(A)(ii).
E34	Spouse of E31 or E32	INA 203(b)(3)(A)(i), INA 203(b)(3)(A)(ii), & INA 203(d).
E35	Child of E31 or E32	INA 203(b)(3)(A)(i), INA 203(B)(3)(A)(ii), & INA 203(d).
EW3	Other Worker (Subgroup Numerical Limit)	INA 203(b)(3)(A)(iii).
EW4	Spouse of EW3	INA 203(b)(3)(A)(iii) & INA 203(d).
EW5	Child of EW3	INA 203(b)(3)(A)(iii) & INA 203(d).
Employment 4th Preference (Certain Special Immigrants)
BC1	Broadcaster in the U.S. Employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a Grantee of Such Organization	INA 101(a)(27)(M) & INA 203(b)(4).
BC2	Accompanying Spouse of BC1	INA 101(a)(27)(M) & INA 203(b)(4).
BC3	Accompanying Child of BC1	INA 101(a)(27)(M) & INA 203(b)(4).
SD1	Minister of Religion	INA 101(a)(27)(C)(ii)(I) & INA 203(b)(4).
SD2	Spouse of SD1	INA 101(a)(27)(C)(ii)(I) & INA 203(b)(4).
SD3	Child of SD1	INA 101(a)(27)(C)(ii)(I) & INA 203(b)(4).
SE1	Certain Employee or Former Employee of the U.S. Government Abroad	INA 101(a)(27)(D) & INA 203(b)(4).
SE2	Spouse of SE1	INA 101(a)(27)(D) & INA 203(b)(4).
SE3	Child of SE1	INA 101(a)(27)(D) & INA 203(b)(4).
SF1	Former Employee of the Panama Canal Company or Canal Zone Government	INA 101(a)(27)(E) & INA 203 (b)(4).
SF2	Spouse or Child of SF1	INA 101(a)(27)(E) & INA 203 (b)(4).
SG1	Former Employee of the U.S. Government in the Panama Canal Zone (Panamanian National)	INA 101(a)(27)(F) & INA 203 (b)(4).
SG2	Spouse or Child of SG1	INA 101(a)(27)(F) & INA 203 (b)(4).
SH1	Former Employee of the Panama Canal Company or Canal Zone Government (Five Years of Service)	INA 101(a)(27)(G) & INA 203(b)(4).
SH2	Spouse or Child of SH1	INA 101(a)(27)(G) & INA 203(b)(4).
SJ1	Foreign Medical Graduate (Adjustment Only)	INA 101(a)(27)(H).
SJ2	Spouse or Child of SJ1	INA 101(a)(27)(H) & INA 203(b)(4).
SK1	Retired International Organization Employee	INA 101(a)(27)(I)(iii) & INA 203(b)(4).
SK2	Spouse of SK1	INA 101(a)(27)(I)(iv) & INA 203(b)(4).
SK3	Unmarried Son or Daughter of SK1	INA 101(a)(27)(I)(i) & INA 203(b)(4).
SK4	Surviving Spouse of a Deceased International Organization Employee	INA 101(a)(27)(I)(ii) & INA 203(b)(4).
SL1	Juvenile Court Dependent (Adjustment Only)	INA 101(a)(27)(J) & INA 203(b)(4).
SN1	Retired NATO6 Civilian Employee	INA 101(a)(27)(L) & INA 203(b)(4).
SN2	Spouse of SN1	INA 101(a)(27)(L) & INA 203(b)(4).
SN3	Unmarried Son or Daughter of SN1	INA 101(a)(27)(L) & INA 203(b)(4).
SN4	Surviving Spouse of Deceased NATO6 Civilian Employee	INA 101(a)(27)(L) & INA 203(b)(4).
SP	Beneficiary of a Petition or Labor Certification Application Filed Prior to September 11, 2001, if the Petition or Application was Rendered Void Due to the Terrorist Acts of September 11, 2001, or the Spouse, Child of such Beneficiary, or the Grandparent of a Child Orphaned by a Terrorist Act of September 11, 2001	Section 421 of Public Law 107-56.
SR1	Religious Worker	INA 101(a)(27)(C)(ii)(II) & (III), as amended & INA 203(b)(4).
SR2	Spouse of SR1	INA 101(a)(27)(C)(ii)(II) & (III), as amended & INA 203(b)(4).
SR3	Child of SR1	INA 101(a)(27)(C)(ii)(II) & (III), as amended & INA 203(b)(4).
SS1	Surviving Spouse or Child of an Employee of the United States Government Abroad	INA 101(a)(27)(D)(ii).
Employment 5th Preference (Employment Creation Conditional Status) (Petitions Filed Before March 15, 2022)
C51	Employment Creation, Outside Targeted Area	INA 203(b)(5)(A).
C52	Spouse of C51	INA 203(b)(5)(A) & INA 203(d).
C53	Child of C51	INA 203(b)(5)(A) & INA 203(d).
T51	Employment Creation in Targeted Rural/High Unemployment Area	INA 203(b)(5)(B).
T52	Spouse of T51	INA 203(b)(5)(B) & INA 203(d).
T53	Child of T51	INA 203(b)(5)(B) & INA 203(d).
R51	Regional Center Program, Not in Targeted Area	INA 203(b)(5) & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended.
R52	Spouse of R51	INA 203(b)(5), INA 203(d), & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended.
R53	Child of R51	INA 203(b)(5), INA 203(d), & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended.
I51	Regional Center Program, Target Area	INA 203(b)(5) & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended.
I52	Spouse of I51	INA 203(b)(5), INA 203(d), & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended.
I53	Child of I51	INA 203(b)(5), INA 203(d), & Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as amended.
Employment 5th Preference (Employment Creation Conditional Status) (Petitions Filed On or After March 15, 2022)
NU1	Investor in Non-Regional Center, Unreserved	INA 203(b)(5), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
NU2	Spouse of NU1	INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
NU3	Child of NU1	INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
RU1	Investor in Regional Center, Unreserved	INA 203(b)(5), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
RU2	Spouse of RU1	INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
RU3	Child of RU1	INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
NR1	Investor in Non-Regional Center, Set Aside—Rural	INA 203(b)(5), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
NR2	Spouse of NR1	INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
NR3	Child of NR1	INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
NH1	Investor in Non-Regional Center, Set Aside—High Unemployment	INA 203(b)(5), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
NH2	Spouse of NH1	INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
NH3	Child of NH1	INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
RR1	Investor in Regional Center, Set Aside—Rural	INA 203(b)(5), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
RR2	Spouse of RR1	INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
RR3	Child of RR1	INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
RH1	Investor in Regional Center, Set Aside—High Unemployment	INA 203(b)(5), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
RH2	Spouse of RH1	INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
RH3	Child of RH1	INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
RI1	Investor in Regional Center, Set Aside—Infrastructure	INA 203(b)(5), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
RI2	Spouse of RI1	INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
RI3	Child of RI1	INA 203(b)(5), INA 203(d), Sec. 610 of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1993 (Pub. L. 102-395), as drafted, & Division BB of the Consolidated Appropriations Act, 2022 (Pub. L. 117-103).
Other Categories
Diversity Immigrants
DV1	Diversity Immigrant	INA 203(c).
DV2	Spouse of DV1	INA 203(c) & 203(d).
DV3	Child of DV1	INA 203(c) & 203(d).

[88 FR 45072, July 14, 2023, as amended at 89 FR 60566, July 26, 2024]

§ 42.12 - Rules of chargeability.

(a) Applicability. An immigrant shall be charged to the numerical limitation for the foreign state or dependent area of birth, unless the case falls within one of the exceptions to the general rule of chargeability provided by INA 202(b) and paragraphs (b) through (e) of this section to prevent the separation of families or the alien is classifiable under:

(1) INA 201(b);

(2) INA 101(a)(27) (A) or (B);

(3) Section 112 of Public Law 101-649;

(4) Section 124 of Public Law 101-649;

(5) Section 132 of Public Law 101-649;

(6) Section 134 of Public Law 101-649; or

(7) Section 584(b)(1) as contained in section 101(e) of Public Law 100-202.

(b) Exception for child. If necessary to prevent the separation of a child from the alien parent or parents, an immigrant child, including a child born in a dependent area, may be charged to the same foreign state to which a parent is chargeable if the child is accompanying or following to join the parent, in accordance with INA 202(b)(1).

(c) Exception for spouse. If necessary to prevent the separation of husband and wife, an immigrant spouse, including a spouse born in a dependent area, may be charged to a foreign state to which a spouse is chargeable if accompanying or following to join the spouse, in accordance with INA 202(b)(2).

(d) Exception for alien born in the United States. An immigrant who was born in the United States shall be charged to the foreign state of which the immigrant is a citizen or subject. If not a citizen or subject of any country, the alien shall be charged to the foreign state of last residence as determined by the consular officer, in accordance with INA 202(b)(3).

(e) Exception for alien born in foreign state in which neither parent was born or had residence at time of alien's birth. An alien who was born in a foreign state, as defined in § 40.1, in which neither parent was born, and in which neither parent had a residence at the time of the applicant's birth, may be charged to the foreign state of either parent as provided in INA 202(b)(4). The parents of such an alien are not considered as having acquired a residence within the meaning of INA 202(b)(4), if, at the time of the alien's birth within the foreign state, the parents were visiting temporarily or were stationed there in connection with the business or profession and under orders or instructions of an employer, principal, or superior authority foreign to such foreign state.

[52 FR 42613, Nov. 5, 1987, as amended at 56 FR 49681, 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 42.11