[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR42.53]

[Page 229-230]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 42--VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED--Table of Contents
 
            Subpart F--Numerical Controls and Priority Dates
 
Sec. 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 fiing date of the 
approved petition that accorded preference status.
    (b) Former Western Hemisphere applicant with priority date prior to 
January 1, 1977. Notwithstanding the provisions of paragraph (a) of this 
section, an alien who, prior to January 1, 1977, was subject to the 
numerical limitation specified in section 21(e) of the Act of October 3, 
1965, and who was registered as a Western Hemisphere immigrant with a 
priority date prior to January 1, 1977, shall retain that priority date 
as a preference immigrant upon approval of a petition according status 
under INA 203 (a) or (b).
    (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

[[Page 230]]

been acquired prior to the principal alien's admission.