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| ==法律法规== | | ==法律法规== |
− | 法律自然就是移民法,法规指的是 美国联邦法规 [https://www.law.cornell.edu/cfr/text/22/part-42/subpart-F 22 CFR Chapter I, Subchapter E, Part 42, Subpart F - Numerical Controls and Priority Dates],这是对移民法 种 的要求的具体实施。可以看到,除了2013年加了一段”Entitlement to immigrant classification”以外,对应法规全部都是90年代的产物,近20年没有更新过。 | + | 法律自然就是移民法,法规指的是 美国联邦法规 [https://www.law.cornell.edu/cfr/text/22/part-42/subpart-F 22 CFR Chapter I, Subchapter E, Part 42, Subpart F - Numerical Controls and Priority Dates],这是对移民法的要求的具体实施。可以看到,除了2013年加了一段”Entitlement to immigrant classification”以外,对应法规全部都是90年代的产物,近20年没有更新过。 |
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− | === §42.51 Department control of numerical limitations. === | + | ===§42.51 Department control of numerical limitations.=== |
| (a) ''Centralized control.'' Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number: | | (a) ''Centralized control.'' Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number: |
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| [56 FR 51174, Oct. 10, 1991, as amended at 59 FR 15302, Mar. 31, 1994; 63 FR 48578, Sept. 11, 1998] | | [56 FR 51174, Oct. 10, 1991, as amended at 59 FR 15302, Mar. 31, 1994; 63 FR 48578, Sept. 11, 1998] |
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− | === §42.52 Post records of visa applications. === | + | ===§42.52 Post records of visa applications.=== |
| (a) ''Waiting list.'' Records of individual visa applicants entitled to an immigrant classification and their priority dates shall be maintained at posts at which immigrant visas are issued. These records shall indicate the chronological and preferential order in which consideration may be given to immigrant visa applications within the several immigrant classifications subject to the numerical limitations specified in INA 201, 202, and 203. Similar records shall be kept for the classes specified in INA 201(b)(2) and 101(a)(27) (A) and (B) which are not subject to numerical limitations. The records which pertain to applicants subject to numerical limitations constitute “waiting lists” within the meaning of INA 203(e)(3) as redesignated by the Immigration Act of 1990. | | (a) ''Waiting list.'' Records of individual visa applicants entitled to an immigrant classification and their priority dates shall be maintained at posts at which immigrant visas are issued. These records shall indicate the chronological and preferential order in which consideration may be given to immigrant visa applications within the several immigrant classifications subject to the numerical limitations specified in INA 201, 202, and 203. Similar records shall be kept for the classes specified in INA 201(b)(2) and 101(a)(27) (A) and (B) which are not subject to numerical limitations. The records which pertain to applicants subject to numerical limitations constitute “waiting lists” within the meaning of INA 203(e)(3) as redesignated by the Immigration Act of 1990. |
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| [56 FR 51174, Oct. 9, 1991, as amended at 61 FR 1836, Jan. 24, 1996; 78 FR 31399, May 24, 2013] | | [56 FR 51174, Oct. 9, 1991, as amended at 61 FR 1836, Jan. 24, 1996; 78 FR 31399, May 24, 2013] |
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− | === §42.53 Priority date of individual applicants. === | + | ===§42.53 Priority date of individual applicants.=== |
| (a) ''Preference applicant.'' The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filng date of the approved petition that accorded preference status. | | (a) ''Preference applicant.'' The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filng date of the approved petition that accorded preference status. |
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| (c) ''Derivative priority date for spouse or child of principal alien.'' A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission. | | (c) ''Derivative priority date for spouse or child of principal alien.'' A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission. |
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− | === §42.54 Order of consideration. === | + | ===§42.54 Order of consideration.=== |
| (a) ''General.'' Consular officers shall request applicants to take the steps necessary to meet the requirements of INA 222(b) in order to apply formally for a visa as follows: | | (a) ''General.'' Consular officers shall request applicants to take the steps necessary to meet the requirements of INA 222(b) in order to apply formally for a visa as follows: |
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| [56 FR 51174, Oct. 10, 1991, as amended at 59 FR 15302, Mar. 31, 1994; 61 FR 1836, Jan. 24, 1996; 63 FR 48578, Sept. 11, 1998] | | [56 FR 51174, Oct. 10, 1991, as amended at 59 FR 15302, Mar. 31, 1994; 61 FR 1836, Jan. 24, 1996; 63 FR 48578, Sept. 11, 1998] |
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− | === §42.55 Reports on numbers and priority dates of applications on record. === | + | ===§42.55 Reports on numbers and priority dates of applications on record.=== |
| (a) Consular officers shall report periodically, as the Department may direct, the number and priority dates of all applicants subject to the numerical limitations prescribed in INA 201, 202, and 203 whose immigrant visa applications have been recorded in accordance with §42.52(c). | | (a) Consular officers shall report periodically, as the Department may direct, the number and priority dates of all applicants subject to the numerical limitations prescribed in INA 201, 202, and 203 whose immigrant visa applications have been recorded in accordance with §42.52(c). |
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