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Replacement immigrant-visa fee relief specified for qualifying adoptive families

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States
Operative dateJuly 23, 2019
CategoryMigration policy
Affected groupQualifying adoptive children and families meeting the original-visa date, extraordinary-circumstances and lack-of-control conditions

Policy effect

From July 23, 2019, State Department regulations required waiver, or refund on request, of replacement immigrant-visa application fees where the original visa was issued on or after March 27, 2013 to a child adopted, or coming to be adopted, by a U.S. citizen; extraordinary circumstances prevented use of that visa; and the causes were beyond the control of the child and adopting parents. Other visa-replacement requirements continued to apply. This record concerns the regulatory requirements implementing the Adoptive Family Relief Act, which had already authorized relief.

Conditions and exceptions

Validated condition or limit: From July 23, 2019, State Department regulations required waiver, or refund on request, of replacement immigrant-visa application fees where the original visa was issued on or after March 27, 2013 to a child adopted, or coming to be adopted, by a U.S.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… of Fees for Consular Services, Department of State and Overseas Embassies and Consulates--Visa Services Fee Changes AGENCY: Department of State. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule is promulgated to implement the Adoptive Family Relief Act (the Act), which allows for the waiver or refund of fees relating to the renewal or replacement of an immigrant visa for certain already-adopted children where the adopted child was unable to use his or her initially issued immigrant visa as a direct result of extraordinary circumstances … Congo home to the United States, and would also provide relief to similarly situated adoptive families should barriers arise in other countries in the future.'' See 161 Cong. Rec. S2796-01. The Department is amending current rules regarding immigrant visa fees found in Sec. Sec. 22.1, 42.71(b) and 42.74 of 22 CFR in order to implement the Act. Thus, the current text of Sec. 42.71(b) will become Sec. 42.71(b)(1) and a new paragraph (b)(2) will set forth the requirements for the waiver or refund of immigrant visa fees for adoptive families who must renew a visa for an adoptive child who, through … no fault of the parent(s) or child, is unable to travel to the United States. If an immigrant visa was issued on or after March 27, 2013 and an adoptive child was unable to use that visa as a direct result of extraordinary circumstances beyond the control of the adoptive child or adoptive parent(s), such as denial of an exit permit, the adoptive child, adoptive parent(s), or their representative may request a waiver or refund of the immigrant visa fee relating to a replacement of such visa. All other visa replacement requirements still apply. This rule also adds this exemption to the Schedule … ------------------------------------------------------------------ * * * * * * * 32. Immigrant Visa Application Processing Fee (per person). * * * * * * * (e) Certain applicants for replacement NO FEE. Immigrant Visas as described in 22 CFR 42.74(b)(2). * * * * * * * ------------------------------------------------------------------------ PART 42--VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED 0 3. The authority citation for part 42 is revised to read as follows: Authority: 8 U.S.C. 1104 and 1182; Pub. L. 105-277, 112 Stat. 2681; Pub. L. 108-449, 118 Stat … as a result of action by the U.S. Government over which the alien had no control and for which the alien was not responsible, which precluded the applicant from benefitting from the processing, or as provided in paragraph (b)(2). (2) Waiver or refund of fees for replacement immigrant visas. The consular officer shall waive the application processing fee for a replacement immigrant visa or, upon request, refund such a fee where already paid, if the consular officer is satisfied that the alien, the alien's parent(s), or the alien's representative has established that: (i) The prior immigrant visa was issued on or after March 27, 2013, to an alien who has been lawfully adopted, or who is coming to the United States to be adopted, by a United States citizen; (ii) The alien was unable to use the original immigrant visa during the period of its validity as a direct result of extraordinary circumstances, including the denial of an exit permit; and (iii) The inability to use the visa was attributable to factors beyond the control of the adopting parent or parents and of the alien. 0 5. Section 42.73 is revised to read as follows: Sec. 42.73 Procedure in issuing visas. (a) Evidence of visa.
U.S. Department of StateOpen official source
Retrieved from https://www.federalregister.gov/documents/full_text/text/2019/07/23/2019-14195.txt

Review method

Two separate automated exact-claim source reviews

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Other United States changes operative in 2019