Can State Department issue first-time visas to individuals who have had change-of-status applications approved by the INS?
Posted by Jeff Xie on November 10, 2002 at 21:59:30
22 CFR 41.111 only permits the revalidation in the U.S. of E, H, I, L, O, or P nonimmigrant visas where there is evidence that the visa holders were previously issued visas at a consular office abroad and admitted to the United States in the status which they are currently maintaining. The regulations do not permit for the issuance of a visa in the U.S. to an alien who was not issued a visa by a consular officer in the same status as the current application. At this time there is no consideration being given to changing the regulations to allow for such an application. The visa office does not adjudicate visa applications (with the limited exception of some A and G visas), but in revalidating visas merely extends the validity of previously adjudicated visas. Allowing for the issuance of visas to aliens who changed status in the U.S. would improperly delegate to the INS the visa adjudication function expressly reserved under section 104 of the Immigration and Nationality Act (INA) to consular officers. DOS Answers to AILA Questions (10/02/2002)
AILA InfoNet at Doc. No. 02100340 (Oct. 3, 2002) .
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