9 FAM 504.10-5(A) (U) Issuing Replacement Visas
(CT:VISA-1408; 11-02-2021)
a. (U) Beyond Applicant's Control During Same Fiscal Year of Initial Issuance: If you are satisfied that an applicant will be or was unable to use an IV during its validity because of reasons beyond the applicant’s control and for which the applicant is not responsible, and the applicant is seeking a replacement visa during the original IV's fiscal year of issuance, then you may issue a replacement visa with the originally allocated visa number within the same fiscal year. In the case of an immediate relative only, you may issue a replacement visa in the year following the fiscal year in which the original IV was issued. You must recall and cancel the originally-issued visa and collect once again the appropriate IV application processing fee (including the Diversity Visa Lottery Fee for a DV applicant). The only circumstance in which a new fee is not needed for a replacement visa is for certain adoptees, described in paragraph c below.
b. (U) Within Applicant's Control or Outside Fiscal Year of Initial Issuance: An applicant who will be or was unable to use an IV during its validity because of reasons within the applicant's control, or an applicant seeking a replacement visa outside the original IV's fiscal year of issuance (unless an immediate relative), can reapply by resubmitting the DS-260 if the petition has not been revoked and if the basis for immigration still exists (i.e., familial relationship). You must collect once again the appropriate IV application processing fee (including the Diversity Visa Lottery Fee for a DV applicant.
c. (U) In the case of an IR/IH-3 or IR/IH-4 re-application, you must waive the fee for a replacement visa or, upon request, refund such a fee where already paid, if you are satisfied that the applicant, the applicant's parent(s), or the applicant's representative has established that:
(1) (U) The prior IV was issued on or after March 27, 2013, to an applicant who has been lawfully adopted, or who is coming to the United States to be adopted, by a United States citizen;
(2) (U) The adopted applicant or prospective adoptee was unable to use the original IV during its validity as a direct result of extraordinary circumstances, including the denial of an exit permit; and
(3) (U) The inability to use the visa was attributable to factors beyond the control of the adopting parent or parents and of the applicant.