CFR > Title 22 - Foreign Relations > CHAPTER I—DEPARTMENT OF STATE > SUBCHAPTER E—VISAS (parts 40 to 47) > PART 40—REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED > SUBPART G—Illegal Entrants and Immigration Violators (§40.61 to §40.69) > 40.66—Subject of civil penalty.

40.66—Subject of civil penalty.

(a) General. An alien who is the subject of a final order imposing a civil penalty for a violation under INA 274C shall be ineligible for a visa under INA 212(a)(6)(F).
(b) Waiver of ineligibility. If an applicant is ineligible under paragraph (a) of this section but appears to the consular officer to meet the prerequisites for seeking the benefits of INA 212(d)(12), the consular officer shall inform the alien of the procedure for applying to DHS for relief under that provision of law. A visa may not be issued to the alien until the consular officer has received notification from DHS of the approval of the alien's application under INA 212(d)(12).

Code of Federal Regulations

[62 FR 67567, Dec. 29, 1997]