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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
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Start →9 FAM 504.105 ISSUANCE OF NEW OR REPLACEMENT VISAS 9 FAM 504.105(A) Issuing Replacement Visa During Validity of Original Visa (CT:VISA30; 12292015) a. If you are satisfied that a) an applicant i) will be or ii) was A) unable to use an immigrant visa (IV) I) during its validity period II) because of reasons (a) beyond the applicants control and (b) for which the applicant is not responsible 1) then you may issue a replacement visa a) with the originally allocated visa number b) within the same fiscal year 2) even though the visa has not yet expired. You should a) recall and b) cancel i) the originallyissued visa and c) collect once again the appropriate IV application processing fee i) (including the Diversity Visa Lottery Fee for a DV applicant), 1) unless the applicant was unable a) to use the visa b) as a result of action i) by the U.S. Government ii) over which the alien had no control and iii) for which the alien was not responsible. b. An applicant a) who i) will be or ii) was A) unable to use an IV I) during its validity period II) because of reasons (a) within the applicant's control 1) can submit a new visa application 2) if the petition has not been revoked and 3) if the basis a) for immigration still exists a) (i.e., familial relationship). This also applies a) for new IV applications i) outside of the original IV's fiscal year of issuance. c. In the event a) an immigrant visa or b) boarding foil is reported i) lost or ii) stolen, 1) you should first check the ADIS database a) in the CCD b) to determine i) if the visa has already been used A) for entry into the United States. If, a) after careful search i) in ADIS ii) of either A) the passport number or B) the name/DOB, b) you determine that i) the visa has not yet been used, 1) follow the procedures a) for reporting issued visas i) as lost or stolen b) set forth in 9 FAM 403.97. If there are fraud indicators, 1) the case should also be referred to the FPU. In the event a) the immigrant visa was used i) by the applicant 1) see 9 FAM 202.25(C) a) for facilitating the applicants return i) to the United States. 9 FAM 504.105(B) Returning Visa Numbers for Issued Unused Visas (CT:VISA1; 11182015) (Previous Location: 9 FAM 42.74 N2.1; CT:VISA1721; 09302011) a. If a visa recipient, a) for whatever reason, i) including death, does not use a visa, 1) you should request the return a) of the visa. Post should a) cancel and b) return i) the visa ii) to the sender and c) return the visa number i) to the Department ii) for reallotment A) to another beneficiary. Unless the alien was unable a) to use the visa b) as a result of action i) by the U.S. Government ii) over which the alien had no control and iii) for which the alien was not responsible, 1) you may not refund the fee a) collected for an issued visa 2) even though a) the unused visa is returned and b) the number returned for reallotment. (See a) 9 FAM 503.44, 22 CFR 42.71(b), and b) 9 FAM 504.102(E)(3) above.) (Previous Location: 9 FAM 42.74 N2.2; CT:VISA1565; 10012010) b. The guidance a) contained in paragraph a above 1) is not intended a) to curtail or b) otherwise affect your authority i) under INA 221(c) ii) to issue a replacement immigrant visa. 9 FAM 504.105(C) Issuing New or Replacement Visa to Alien Previously Granted INA 212(g) Waiver (CT:VISA30; 12292015) You may issue a) a new or b) replacement i) visa A) to an alien I) who was previously granted a waiver (a) under INA 212(g) 1) if the conditions a) in 9 FAM 302.25(D)(1) are met. ← End |
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Copyright 1997-2024
TAX & LAW (ݰ )
site ϴ ƴϸ, ̰ "" Ƿ(¶ ƴ϶ å Ⱓ Ƿ) Ǹ մϴ. , Ƿʿ Ȥö ִٸ, װ ƴϸ, Ͽ ̰ų ̶ Ͻñ ٶϴ. ұϰ ̸ ̶ ϽŴٸ, ϴ Ʈ ƴ϶ Ͽ (å Ⱓ Ƿ) Ƿ Ͻʽÿ. 繫ǿ Ͻ κ ƴմϴ. |
FEE Ұ |
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TAX |
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뵿 |
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Ư PAT ǥ |
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Ѽ |
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ART |
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USA ̹ VISA |
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ȥ |
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Foreign Clients |
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