OI 202.1

Visa number chargeability

OI 202.1 Visa Number chargeability.

(a) General.

The lists contained in the Foreign Affairs Manual Notes to 22 CFR 42.50 shall be used to determine whether a country is an independent foreign state or a dependent area for the purposes of visa number chargeability. (TM 8/84)

(b) Doubtful determinations.

The foreign state charge for an alien born in Jerusalem, or in any other doubtful area of chargeability, shall be determined by the Advisory Opinions Branch of the Visa Office (see OI 245.4(a)(3) ).

(c) Children and spouses of returning resident aliens.

Any alien child or spouse may be charged to the same visa allocation to which his/her "accompanying" returning resident alien parent or spouse was originally charged provided: (1) all the conditions of section 202(b)(1) and (2) of the Act are met; (2) the alien child or spouse is accompanied by his/her parent or spouse; and (3) the parent or spouse is eligible to be readmitted as a returning resident alien.

The term "accompanying" applies to an alien child or spouse of a lawfully admitted permanent resident alien regardless of the length of the alien's permanent residence, provided that all other conditions of section 202(b)(1) or (2) of the Act are met. (TM 8/84)