---
kind: "section"
citation: "22 C.F.R. § 42.2"
title: "22"
number: "42.2"
heading: "Aliens not required to present passports."
url: "https://uscodex.org/cfr/22/42.2"
---

# §42.2. Aliens not required to present passports.


An immigrant within any of the following categories is not required to present a passport in applying for an immigrant visa:

- (a) **Certain relatives of U.S. citizens.** An alien who is the spouse, unmarried son or daughter, or parent, of a U.S. citizen, unless the alien is applying for a visa in the country of which the applicant is a national and the possession of a passport is required for departure.
- (b) **Returning aliens previously lawfully admitted for permanent residence.** An alien previously lawfully admitted for permanent residence who is returning from a temporary visit abroad, unless the alien is applying for a visa in the country of which the applicant is a national and the possession of a passport is required for departure.
- (c) **Certain relatives of aliens lawfully admitted for permanent residence.** An alien who is the spouse, unmarried son or daughter, or parent of an alien lawfully admitted for permanent residence, unless the alien is applying for a visa in the country of which the applicant is a national and the possession of a passport is required for departure.
- (d) **Stateless persons.** An alien who is a stateless person, and accompanying spouse and unmarried son or daughter.
- (e) **Nationals of Communist-controlled countries.** An alien who is a national of a Communist-controlled country and who is unable to obtain a passport from the government of that country, and accompanying spouse and unmarried son or daughter.
- (f) **Alien members of U.S. Armed Forces.** An alien who is a member of the U.S. Armed Forces.
- (g) **Beneficiaries of individual waivers.**
  - (1) An alien who would be within one of the categories described in [paragraphs (a) through (d)](#a..d) of this section except that the alien is applying for a visa in a country of which the applicant is a national and possession of a passport is required for departure, in whose case the passport requirement has been waived by the Secretary of State, as evidence by a specific instruction from the Department.
  - (2) An alien unable to obtain a passport and not within any of the foregoing categories, in whose case the passport requirement imposed by [§ 42.64(b)](/cfr/22/42.64.md?p=b) or by DHS regulations has been waived by the Secretary of Homeland Security and the Secretary of State as evidenced by a specific instruction from the Department.

## Notes

### Amendments

[52 FR 42613, Nov. 5, 1987, as amended at 56 FR 49680, Oct. 1, 1991]

### Authority

Authority: 8 U.S.C. 1104 and 1182; Pub. L. 105-277, 112 Stat. 2681; Pub. L. 108-449, 118 Stat. 3469; The Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (done at the Hague, May 29, 1993), S. Treaty Doc. 105-51 (1998), 1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); 42 U.S.C. 14901-14954 (Pub. L. 106-279, 114 Stat. 825); 8 U.S.C. 1101 (Pub L. 117-31, 135 Stat. 309); 8 U.S.C. 1154 (Pub. L. 109-162, 119 Stat. 2960); 8 U.S.C. 1201 (Pub. L. 114-70, 129 Stat. 561).

### Source

Source: 52 FR 42613, Nov. 5, 1987, unless otherwise noted.

### Amendments

[52 FR 42613, Nov. 5, 1987, as amended at 56 FR 49680, Oct. 1, 1991]