[Federal Register Volume 62, Number 189 (Tuesday, September 30, 1997)]
[Rules and Regulations]
[Pages 50999-51001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25931]
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DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
8 CFR Part 245
[EOIR No. 119I; A.G. ORDER No. 2117-97]
RIN 1125-AA20
Adjustment of Status to That of Person Admitted for Permanent
Residence
AGENCY: Executive Office for Immigration Review, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule enables the Executive Office for Immigration
Review to complete adjudication of timely filed section 245(i)
adjustment applications after September 30, 1997.
Dates: Effective Date: This rule is effective September 30, 1997.
Comment Date: Written comments must be received on or before December
1, 1997.
ADDRESSES: Please submit written comments to Margaret M. Philbin,
General Counsel, Executive Office for Immigration Review, 5107 Leesburg
Pike, Suite 2400, Falls Church, Virginia, 22041.
FOR FURTHER INFORMATION CONTACT:
Margaret M. Philbin, General Counsel, Executive Office for Immigration
Review, 5107 Leesburg Pike, Suite 2400, Falls Church, Virginia, 22041,
telephone (703) 305-0470.
SUPPLEMENTARY INFORMATION: On August 26, 1994, Congress enacted the
Department of Commerce, Justice, State, and the Judiciary and Related
Agencies Appropriations Act of 1995, Pub. L. 103-317. Section 506(b) of
this law added a new section 245(i) to the Immigration and Nationality
Act (the Act) which allows certain persons already in the United States
to adjust
[[Page 51000]]
status, despite the provisions of section 245 (a) and (c) of the Act,
upon payment of a fee in addition to the base filing fee for an
adjustment of status application.
On July 23, 1997, the Immigration and Naturalization Service
(Service) published an interim rule with request for comments (62 FR
39417) concerning adjustment of status applications filed pursuant to
section 245(i) of the Act. The supplementary information to the interim
rule reiterates that the provisions of section 245(i) apply only to
applications filed on or after October 1, 1994, and before October 1,
1997. See section 506(c) of Pub. L. 103-317. By law, benefits may not
be granted pursuant to section 245(i) of the Act to aliens who attempt
to file anew application for adjustment of status under that subsection
after September 30, 1997. All applications for adjustment of status
filed pursuant to section 245 of the Act which are submitted after
September 30, 1997, must be adjudicated pursuant to section 245(a) of
the Act.
This interim rule is published in order that all applications for
adjustment of status filed pursuant to section 245(i) be adjudicated in
a consistent manner. Since applications for adjustment of status may be
adjudicated by either the Service or the Executive Office for
Immigration Review (EOIR) (which includes the Immigration Courts and
the Board of Immigration Appeals), this interim rule enables the
Executive Office for Immigration Review to complete adjudication of
timely filed section 245(i) adjustment applications after September 30,
1997, and makes it clear that neither the Service nor EOIR may approve
an application for adjustment of status pursuant to section 245(i) of
the Act if such application was filed either before October 1, 1994, or
after September 30, 1997. However, both the Service and EOIR may
complete adjudication of timely filed section 245(i) adjustment
applications after September 30, 1997.
The implementation of this rule as an interim rule, with provisions
for post-promulgation public comment, is based upon the ``good cause''
exceptions found at 5 U.S.C. 553 (b)(B) and (d)(3). The reasons and the
necessity for immediate implementation of this interim rule without
prior notice and comment are as follows: Immediate implementation of
this rule will ensure that all applications for adjustment of status
filed pursuant to section 245(i) are adjudicated in the same manner and
will avoid any delay in the processing of these applications.
Regulatory Flexibility Act
In accordance with 5 U.S.C. 605(b), the Attorney General certifies
that this rule affects only those aliens who are applying to adjust
their status under section 245(i) of the Immigration and Nationality
Act. Therefore, this rule does not have a significant economic impact
on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. This rule will not
result in an annual effect on the economy of $110 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Executive Order 12866
The Attorney General has determined that this rule is not a
significant regulatory action under Executive Order No. 12866, and
accordingly this rule has not been reviewed by the Office of Management
and Budget.
Executive Order 12612
This rule has no federalism implications warranting the preparation
of a Federalism Assessment in accordance with Executive Order No.
12612.
Executive Order 12988
This rule meets the applicable standards provided in sections 3(a)
and 3(b)(2) of Executive Order No. 12988.
List of Subjects in 8 CFR Part 245
Aliens, Immigration, Reporting and recordkeeping requirements.
Accordingly, chapter I of title 8 of the Code of Federal
Regulations is amended as follows:
PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
1. The authority citation for part 245 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1103, 1182, 1255; 8 CFR part 2.
Sec. 245.10 [Amended]
2. In Sec. 245.10 paragraphs (c) and (f) are revised to read as
follows:
* * * * *
(c) Application period. Neither the Service nor the Executive
Office for Immigration Review may approve an application for adjustment
of status pursuant to section 245(i) of the Act if such application was
filed either before October 1, 1994, or after September 30, 1997. If an
alien attempts to file an adjustment of status application under the
provisions of section 245(i) after September 30, 1997, the Service will
accept the application and base filing fee, as set forth in
Sec. 103.7(b)(1) of this chapter, return the additional sum of $1,000
to the alien, and either the Service or the Executive Office for
Immigration Review will adjudicate the application pursuant to section
245(a) of the Act. If the alien, in such a case, is not eligible for
adjustment of status, either the Service will issue a written notice
advising the alien of the denial of the application for adjustment of
status, or the Executive Office for Immigration Review will deny the
application for adjustment of status.
* * * * *
(f) Completion of processing of pending applications. (1) An
application for adjustment of status filed subsequent to September 30,
1994, and prior to October 1, 1997, shall be adjudicated to completion
by an officer of the Service or by the Executive Office for Immigration
Review, regardless of whether the final decision is made after
September 30, 1997. The provisions of paragraph (d) of this section
regarding amended applications shall apply to all such applications.
The Service or the Executive Office for Immigration Review may consider
a motion to reopen or reconsider an application for adjustment of
status on the basis of section 245(i) of the Act only if:
(i) The application for adjustment of status was filed on or after
October 1, 1994, and before October 1, 1997, and
(ii) Prior to October 1, 1997, the applicant submitted Supplement A
to Form I-485, any additional sum required by section 245(i), and any
other required documentation.
(2) Any application for adjustment of status submitted pursuant to
section 245(i) and considered in deportation or
[[Page 51001]]
removal proceedings must be filed between October 1, 1994, and October
1, 1997.
* * * * *
Dated: September 24, 1997.
Janet Reno,
Attorney General.
[FR Doc. 97-25931 Filed 9-29-97; 8:45 am]
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