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Title 22 Part 40 → Subpart K

Title 22 → Chapter I → Subchapter E → Part 40 → Subpart K

Electronic Code of Federal Regulations e-CFR

Title 22 Part 40 → Subpart K

e-CFR data is current as of March 27, 2020

Title 22Chapter ISubchapter EPart 40 → Subpart K


Title 22: Foreign Relations
PART 40—REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED


Subpart K—Miscellaneous


Contents
§40.101   Practicing polygamists.
§40.102   Guardian required to accompany excluded alien.
§40.103   International child abduction.
§40.104   Unlawful voters.
§40.105   Former citizens who renounced citizenship to avoid taxation.
§§40.106-40.110   [Reserved]

Source: 56 FR 30422, July 2, 1991, unless otherwise noted. Redesignated at 61 FR 59184, Nov. 21, 1996.

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§40.101   Practicing polygamists.

An immigrant alien shall be ineligible under INA 212(a)(9)(A) only if the alien is coming to the United States to practice polygamy.

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§40.102   Guardian required to accompany excluded alien.

INA 212(a)(9)(B) is not applicable at the time of visa application.

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§40.103   International child abduction.

An alien who would otherwise be ineligible under INA 212(a)(9)(C)(i) shall not be ineligible under such paragraph if the U.S. citizen child in question is physically located in a foreign state which is party to the Hague Convention on the Civil Aspects of International Child Abduction.

[61 FR 1833, Jan. 24, 1996]

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§40.104   Unlawful voters.

(a) Subject to paragraph (b) of this section, an alien is ineligible for a visa if the alien has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation.

(b) Such alien shall not be considered to be ineligible under paragraph (a) of this section if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen.

[70 FR 35527, June 21, 2005]

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§40.105   Former citizens who renounced citizenship to avoid taxation.

An alien who is a former citizen of the United States, who on or after September 30, 1996, has officially renounced United States citizenship and who has been determined by the Secretary of Homeland Security to have renounced citizenship to avoid United States taxation, is ineligible for a visa under INA 212(a)(10)(E).

[62 FR 67568, Dec. 29, 1997]

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§§40.106-40.110   [Reserved]