Visas: Documentation of Immigrants Under the Immigration and Nationality Act, as Amended, 45475-45477 [2010-19046]
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45475
Rules and Regulations
Federal Register
Vol. 75, No. 148
Tuesday, August 3, 2010
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF STATE
22 CFR Parts 40 and 42
[Public Notice: 7085]
Visas: Documentation of Immigrants
Under the Immigration and Nationality
Act, as Amended
State Department.
Final rule.
AGENCY:
ACTION:
This final rule amends the
Department of State’s regulations related
to the application for an immigrant visa
and alien registration, to offer a
completely electronic application
procedure as an alternative to
submission of Form DS–230, the
Application for Immigrant Visa and
Alien Registration.
DATES: This rule is effective August 3,
2010.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Andrea Lage, Legislative and
Regulations Division, Visa Services,
2401 E Street, NW., Department of State,
Washington, DC 20520–0106, (202) 663–
1399.
SUPPLEMENTARY INFORMATION:
erowe on DSK5CLS3C1PROD with RULES
Why is the Department promulgating
this rule?
The Government Paperwork
Elimination Act (GPEA) requires that,
when possible, Federal agencies use
electronic forms, electronic filing, and
electronic signatures to conduct
business with the public. For this
reason, the Department of State
developed and introduced an electronic
application process for immigrant visa
applicants to eventually replace the
current paper-based application process,
which consists of Parts 1 and 2 of Form
DS–230, Application for Immigrant Visa
and Alien Registration. While the
Department will continue to accept the
DS–230 when necessary, it proposes to
eventually eliminate the DS–230
VerDate Mar<15>2010
13:37 Aug 02, 2010
Jkt 220001
entirely and replace it with the DS–260,
the Electronic Application for
Immigrant Visa and Alien Registration,
an electronic form designed to be
completed and signed electronically.
with and intends to be bound by the
statements contained in the application
and has answered all questions
truthfully, under penalty of perjury.
What effect does the electronic
application process have on the
immigrant visa applicant?
The procedure is the same for the
immigrant visa applicant except that he
or she will not be required to print a
form to take to the visa interview. All
information entered into the DS–260
will be available to the National Visa
Center and to the consular officer at the
time of application processing and
interviewing, thus simplifying the
process for the applicant. The applicant
is required to sign the DS–260
electronically at the time of submission
by clicking a ‘‘Sign and Submit
Application’’ box contained within the
application. The applicant will also be
required to swear under oath at the time
of the interview that the information
provided on the DS–260 is true and
correct to the best of the individual’s
knowledge and provide a biometric
signature in connection with the oath.
A third party may assist the applicant
in preparing the DS–260, however the
applicant must electronically sign the
application himself or herself. The
applicant must identify in the
application any third party who has
assisted in the preparation of the
DS–260.
How does the applicant sign the form
electronically?
The applicant will be required to click
on the box designated ‘‘Sign and Submit
Application’’ found within the
certification section of the application.
How does the consular officer confirm
the identity of an applicant who has
submitted an electronic application
(DS–260)?
Photos, passports, and fingerscans
collected as part of the application
process will identify the applicant.
How does the applicant certify that the
information on the DS–260 is correct?
By signing the DS–260 electronically
(i.e., clicking on the ‘‘Sign and Submit
Application’’ button), the applicant
certifies that the information provided is
correct. The applicant will also be
required to swear under oath to
statements contained on the DS–260 at
the time of the interview and to provide
a biometric signature in connection with
the oath.
Is the electronic signature binding on
an immigrant visa applicant?
Yes. The electronic signature
indicates that the applicant is familiar
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Can a third party prepare the DS–260?
Regulatory Findings
Administrative Procedure Act
This regulation involves a foreign
affairs function of the United States and,
therefore, in accordance with 5 U.S.C.
553(a)(1), is not subject to the rule
making procedures set forth at 5 U.S.C.
553.
Regulatory Flexibility Act
Because this final rule is exempt from
notice and comment rulemaking under
5 U.S.C. 553, it is exempt from the
regulatory flexibility analysis
requirements set forth at sections 603
and 604 of the Regulatory Flexibility
Act (5 U.S.C. 603 and 604). Nonetheless,
consistent with section 605(b) of the
Regulatory Flexibility Act (5 U.S.C.
605(b)), the Department certifies that
this rule will not have a substantial
economic impact on a substantial
number of small entities. This regulates
individual aliens who seek
consideration for immigrant visas and
does not affect any small entities, as
defined in 5 U.S.C. 601(6).
Unfunded Mandates Act of 1995
Section 202 of the Unfunded
Mandates Reform Act of 1995, Public
Law 104–4, 109 Stat. 48, 2 U.S.C. 1532,
generally requires agencies to prepare a
statement before proposing any rule that
may result in an annual expenditure of
$100 million or more by State, local, or
tribal governments, or by the private
sector. This rule will not result in any
such expenditure, nor will it
significantly or uniquely affect small
governments.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a major rule as
defined by 5 U.S.C. 804, for purposes of
congressional review of agency
E:\FR\FM\03AUR1.SGM
03AUR1
45476
Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations
rulemaking under the Small Business
Regulatory Enforcement Fairness Act of
1996, Public Law 104–121. The rule will
not result in an annual effect on the
economy of $100 million or more; a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of United States-based companies to
compete with foreign-based companies
in domestic or import markets.
amends 22 CFR Part 40 and 41 as
follows:
PART 40—[AMENDED]
1. The authority citation for Part 40
continues to read as follows:
■
Authority: 8 U.S.C. 1104.
2. Section 40.1 is amended by revising
paragraph (l)(2) to read as follows:
■
§ 40.1
Executive Order 12866
The Department of State has reviewed
this rule to ensure its consistency with
the regulatory philosophy and
principals set forth in Executive Order
12866 and had determined that the
benefits of the proposed regulation
justify the costs. The Department does
not consider the rule to be an
economically significant action within
the scope of section 3(f)(1) of the
Executive Order since it is not likely to
have an annual effect on the economy
of $100 million or more or to adversely
affect in a material way the economy, a
sector of the economy, competition,
jobs, the environment, public health or
safety, or state, local, or tribal
governments or communities.
*
*
*
*
(l) * * *
(2) For an immigrant visa applicant,
personally appearing before a consular
officer and verifying by oath or
affirmation the statements contained on
Form DS–230 or Form DS–260 and in
all supporting documents, having
previously submitted all forms and
documents required in advance of the
appearance and paid the visa
application processing fee.
*
*
*
*
*
PART 42—[AMENDED]
3. The authority citation for part 42
continues to read as follows:
■
Authority: 8 U.S.C. 1104; Pub. L. 107–56,
sec. 421.
Executive Order 12372 and 13132:
Federalism
■
This regulation will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. Nor will the rule
have federalism implications warranting
the application of Executive Orders No.
12372 and No. 13132.
§ 42.63
4. Section 42.63 is revised to read as
follows:
Executive Order 12988: Civil Justice
Reform
The Department has reviewed this
regulation in light of sections 3(a) and
3(b)(2) of Executive Order 12988 to
eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
Paperwork Reduction Act
This rule does not impose any new
reporting or record-keeping
requirements subject to the Paperwork
Reduction Act, 44 U.S.C. Chapter 35.
erowe on DSK5CLS3C1PROD with RULES
Definitions.
*
List of Subjects in 22 CFR Parts 40 and
42
Aliens, Foreign Officials,
Immigration, Nonimmigrants, Passports
and Visas.
Accordingly, for the reasons set forth
in the preamble, the Department of State
■
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13:37 Aug 02, 2010
Jkt 220001
Definitions.
(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
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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).
■ 5. Section 42.67 is revised to read as
follows:
§ 42.67 Execution of application,
registration, and fingerprinting.
(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
E:\FR\FM\03AUR1.SGM
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Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules and Regulations
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.
■ 6. Section 42.81 is amended by
revising paragraph (b) to read as follows:
Dated: July 22, 2010.
Janice L. Jacobs,
Assistant Secretary, Bureau of Consular
Affairs, Department of State.
§ 42.81
visas.
AGENCY:
Procedure in refusing individual
erowe on DSK5CLS3C1PROD with RULES
BILLING CODE 4710–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2010–0687]
Drawbridge Operation Regulation;
Company Canal, Bourg, LA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
ACTION:
*
*
*
*
*
(b) Refusal procedure. A consular
officer may not refuse an immigrant visa
until either Form DS–230, Application
for Immigrant Visa and Alien
Registration, or Form DS–260,
Electronic Application for Immigrant
Visa and Alien Registration, has been
executed by the applicant. When an
immigrant visa is refused, an
appropriate record shall be made in
duplicate on a form prescribed by the
Department. The form shall be signed
and dated by the consular officer. The
consular officer shall inform the
applicant of the provision of law or
implementing regulation on which the
refusal is based and of any statutory
provision of law or implementing
regulation under which administrative
relief is available. Each document
related to the refusal shall then be
attached to Form DS–230 for retention
in the refusal files. Alternatively, each
document related to the refusal shall be
electronically scanned and
electronically attached to Form DS–260
for retention in the electronic refusal
files. Any documents not related to the
refusal shall be returned to the
applicant. The original copy of a
document that was scanned and
attached to the DS–260 for the refusal
file shall be returned to the applicant. If
the ground of ineligibility may be
overcome by the presentation of
additional evidence and the applicant
indicates an intention to submit such
evidence, all documents may, with the
consent of the alien, be retained in the
consular files for a period not to exceed
one year. If the refusal as not been
overcome within one year, any
documents not relating to the refusal
shall be removed from the file and
returned to the alien.
*
*
*
*
*
VerDate Mar<15>2010
[FR Doc. 2010–19046 Filed 8–2–10; 8:45 am]
13:37 Aug 02, 2010
Jkt 220001
The Commander, Eighth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the LA 24
vertical lift span bridge across Company
Canal, mile 8.1, at Bourg, Terrebonne
Parish, Louisiana. The deviation is
necessary to perform electrical
rehabilitation work on the bridge. This
deviation allows the bridge to remain
closed to navigation for twelve
consecutive days.
DATES: This deviation is effective from
6 a.m. on Monday, October 25 through
10 p.m. on Friday, November 5, 2010.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2010–
0687 and are available online by going
to https://www.regulations.gov, inserting
USCG–2010–0687 in the ‘‘Keyword’’ box
and then clicking ‘‘Search.’’ They are
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Kay Wade, Bridge
Administration Branch, Coast Guard;
telephone 504–671–2128, e-mail
Kay.B.Wade@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
Louisiana Department of Transportation
and Development has requested a
temporary deviation from the operating
schedule of the vertical lift span bridge
SUMMARY:
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45477
across Company Canal at mile 8.1 in
Bourg, Terrebonne Parish, Louisiana.
The vertical clearance of the bridge in
the closed-to-navigation position is 5.17
feet above Mean High Water Elevation
3.0 feet Mean Sea Level.
In accordance with 33 CFR
117.438(b), the vertical lift span of the
bridge currently opens on signal except
that, from 10 p.m. to 6 a.m. the draw
opens on signal if at least 4 hours notice
is given. This deviation allows the
vertical lift span of the bridge to remain
closed to navigation for twelve
consecutive days from 6 a.m. Monday,
October 25 through 10 p.m. Friday,
November 5, 2010.
The closure is necessary in order to
replace electrical conductors and
conduit throughout the bridge structure,
including the removal and replacement
of all navigation lights on the span and
fender system. This maintenance is
essential for the continued operation of
the bridge. Temporary navigational
lighting will be provided during the
closure and power outage period.
Notices will be published in the Eighth
Coast Guard District Local Notice to
Mariners and will be broadcast via the
Coast Guard Broadcast Notice to
Mariners System.
Navigation on the waterway consists
of commercial and recreational fishing
vessels, small to medium crew boats,
and small tugs with and without tows.
There are no commercial docks or
marine type facilities within one mile of
the bridge along Company Canal or
Bayou Terrebonne. The bridge opens for
the passage of navigation an average of
53 times per month. There are two
alternate waterway routes available via
the Gulf Intracoastal Waterway east to
Bayou Lafourche and west to Navigation
Canal. Small vessels may pass under the
bridge while in the closed-to-navigation
position provided caution is exercised.
In an emergency, the bridge can be
returned to operation with a 36 hour
notice.
Due to prior experience and
coordination with waterway users, it
has been determined that this closure
will not have a significant effect on
vessels that use the waterway.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: July 23, 2010.
David M. Frank,
Bridge Administrator.
[FR Doc. 2010–18961 Filed 8–2–10; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Rules and Regulations]
[Pages 45475-45477]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19046]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Rules
and Regulations
[[Page 45475]]
DEPARTMENT OF STATE
22 CFR Parts 40 and 42
[Public Notice: 7085]
Visas: Documentation of Immigrants Under the Immigration and
Nationality Act, as Amended
AGENCY: State Department.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Department of State's regulations
related to the application for an immigrant visa and alien
registration, to offer a completely electronic application procedure as
an alternative to submission of Form DS-230, the Application for
Immigrant Visa and Alien Registration.
DATES: This rule is effective August 3, 2010.
FOR FURTHER INFORMATION CONTACT: Andrea Lage, Legislative and
Regulations Division, Visa Services, 2401 E Street, NW., Department of
State, Washington, DC 20520-0106, (202) 663-1399.
SUPPLEMENTARY INFORMATION:
Why is the Department promulgating this rule?
The Government Paperwork Elimination Act (GPEA) requires that, when
possible, Federal agencies use electronic forms, electronic filing, and
electronic signatures to conduct business with the public. For this
reason, the Department of State developed and introduced an electronic
application process for immigrant visa applicants to eventually replace
the current paper-based application process, which consists of Parts 1
and 2 of Form DS-230, Application for Immigrant Visa and Alien
Registration. While the Department will continue to accept the DS-230
when necessary, it proposes to eventually eliminate the DS-230 entirely
and replace it with the DS-260, the Electronic Application for
Immigrant Visa and Alien Registration, an electronic form designed to
be completed and signed electronically.
What effect does the electronic application process have on the
immigrant visa applicant?
The procedure is the same for the immigrant visa applicant except
that he or she will not be required to print a form to take to the visa
interview. All information entered into the DS-260 will be available to
the National Visa Center and to the consular officer at the time of
application processing and interviewing, thus simplifying the process
for the applicant. The applicant is required to sign the DS-260
electronically at the time of submission by clicking a ``Sign and
Submit Application'' box contained within the application. The
applicant will also be required to swear under oath at the time of the
interview that the information provided on the DS-260 is true and
correct to the best of the individual's knowledge and provide a
biometric signature in connection with the oath.
How does the applicant sign the form electronically?
The applicant will be required to click on the box designated
``Sign and Submit Application'' found within the certification section
of the application.
How does the consular officer confirm the identity of an applicant who
has submitted an electronic application (DS-260)?
Photos, passports, and fingerscans collected as part of the
application process will identify the applicant.
How does the applicant certify that the information on the DS-260 is
correct?
By signing the DS-260 electronically (i.e., clicking on the ``Sign
and Submit Application'' button), the applicant certifies that the
information provided is correct. The applicant will also be required to
swear under oath to statements contained on the DS-260 at the time of
the interview and to provide a biometric signature in connection with
the oath.
Is the electronic signature binding on an immigrant visa applicant?
Yes. The electronic signature indicates that the applicant is
familiar with and intends to be bound by the statements contained in
the application and has answered all questions truthfully, under
penalty of perjury.
Can a third party prepare the DS-260?
A third party may assist the applicant in preparing the DS-260,
however the applicant must electronically sign the application himself
or herself. The applicant must identify in the application any third
party who has assisted in the preparation of the DS-260.
Regulatory Findings
Administrative Procedure Act
This regulation involves a foreign affairs function of the United
States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not
subject to the rule making procedures set forth at 5 U.S.C. 553.
Regulatory Flexibility Act
Because this final rule is exempt from notice and comment
rulemaking under 5 U.S.C. 553, it is exempt from the regulatory
flexibility analysis requirements set forth at sections 603 and 604 of
the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless,
consistent with section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 605(b)), the Department certifies that this rule will not have a
substantial economic impact on a substantial number of small entities.
This regulates individual aliens who seek consideration for immigrant
visas and does not affect any small entities, as defined in 5 U.S.C.
601(6).
Unfunded Mandates Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995, Public Law
104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires agencies to
prepare a statement before proposing any rule that may result in an
annual expenditure of $100 million or more by State, local, or tribal
governments, or by the private sector. This rule will not result in any
such expenditure, nor will it significantly or uniquely affect small
governments.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by 5 U.S.C. 804, for
purposes of congressional review of agency
[[Page 45476]]
rulemaking under the Small Business Regulatory Enforcement Fairness Act
of 1996, Public Law 104-121. The rule will not result in an annual
effect on the economy of $100 million or more; a major increase in
costs or prices; or significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States-based companies to compete with foreign-based companies
in domestic or import markets.
Executive Order 12866
The Department of State has reviewed this rule to ensure its
consistency with the regulatory philosophy and principals set forth in
Executive Order 12866 and had determined that the benefits of the
proposed regulation justify the costs. The Department does not consider
the rule to be an economically significant action within the scope of
section 3(f)(1) of the Executive Order since it is not likely to have
an annual effect on the economy of $100 million or more or to adversely
affect in a material way the economy, a sector of the economy,
competition, jobs, the environment, public health or safety, or state,
local, or tribal governments or communities.
Executive Order 12372 and 13132: Federalism
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. Nor will the rule have federalism
implications warranting the application of Executive Orders No. 12372
and No. 13132.
Executive Order 12988: Civil Justice Reform
The Department has reviewed this regulation in light of sections
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burden.
Paperwork Reduction Act
This rule does not impose any new reporting or record-keeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35.
List of Subjects in 22 CFR Parts 40 and 42
Aliens, Foreign Officials, Immigration, Nonimmigrants, Passports
and Visas.
0
Accordingly, for the reasons set forth in the preamble, the Department
of State amends 22 CFR Part 40 and 41 as follows:
PART 40--[AMENDED]
0
1. The authority citation for Part 40 continues to read as follows:
Authority: 8 U.S.C. 1104.
0
2. Section 40.1 is amended by revising paragraph (l)(2) to read as
follows:
Sec. 40.1 Definitions.
* * * * *
(l) * * *
(2) For an immigrant visa applicant, personally appearing before a
consular officer and verifying by oath or affirmation the statements
contained on Form DS-230 or Form DS-260 and in all supporting
documents, having previously submitted all forms and documents required
in advance of the appearance and paid the visa application processing
fee.
* * * * *
PART 42--[AMENDED]
0
3. The authority citation for part 42 continues to read as follows:
Authority: 8 U.S.C. 1104; Pub. L. 107-56, sec. 421.
0
4. Section 42.63 is revised to read as follows:
Sec. 42.63 Definitions.
(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 Sec. 42.62
are considered papers submitted with the alien's application within the
meaning of INA 221(g)(1).
0
5. Section 42.67 is revised to read as follows:
Sec. 42.67 Execution of application, registration, and
fingerprinting.
(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
[[Page 45477]]
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.
0
6. Section 42.81 is amended by revising paragraph (b) to read as
follows:
Sec. 42.81 Procedure in refusing individual visas.
* * * * *
(b) Refusal procedure. A consular officer may not refuse an
immigrant visa until either Form DS-230, Application for Immigrant Visa
and Alien Registration, or Form DS-260, Electronic Application for
Immigrant Visa and Alien Registration, has been executed by the
applicant. When an immigrant visa is refused, an appropriate record
shall be made in duplicate on a form prescribed by the Department. The
form shall be signed and dated by the consular officer. The consular
officer shall inform the applicant of the provision of law or
implementing regulation on which the refusal is based and of any
statutory provision of law or implementing regulation under which
administrative relief is available. Each document related to the
refusal shall then be attached to Form DS-230 for retention in the
refusal files. Alternatively, each document related to the refusal
shall be electronically scanned and electronically attached to Form DS-
260 for retention in the electronic refusal files. Any documents not
related to the refusal shall be returned to the applicant. The original
copy of a document that was scanned and attached to the DS-260 for the
refusal file shall be returned to the applicant. If the ground of
ineligibility may be overcome by the presentation of additional
evidence and the applicant indicates an intention to submit such
evidence, all documents may, with the consent of the alien, be retained
in the consular files for a period not to exceed one year. If the
refusal as not been overcome within one year, any documents not
relating to the refusal shall be removed from the file and returned to
the alien.
* * * * *
Dated: July 22, 2010.
Janice L. Jacobs,
Assistant Secretary, Bureau of Consular Affairs, Department of State.
[FR Doc. 2010-19046 Filed 8-2-10; 8:45 am]
BILLING CODE 4710-06-P
