[Federal Register Volume 65, Number 73 (Friday, April 14, 2000)]
[Rules and Regulations]
[Pages 20069-20070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9320]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 245
[INS No. 1825-97]
RIN 1115-AE25
Adjustment of Status for Certain Polish and Hungarian Parolees
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
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SUMMARY: This final rule adopts, with changes, the interim rule the
Immigration and Naturalization Service (Service) published in the
Federal Register on May 23, 1997. The interim rule provided for the
adjustment to lawful permanent resident status of certain alien
parolees from Poland or Hungary who were paroled into the United States
between November 1, 1989, and December 31, 1991, and established terms
that enabled these individuals to apply for permanent resident status.
This final rule responds to a comment the Service received by adding a
list of the eligibility requirements for adjustment under this
provision.
DATES: This final rule is effective May 15, 2000.
FOR FURTHER INFORMATION CONTACT: Michael Valverde, Program Analyst,
Immigration and Naturalization Service, Adjudications Division, 425 I
Street, NW, Room 3214, Washington, DC 20536, telephone (202) 514-3228.
SUPPLEMENTARY INFORMATION:
Background
What Authority Provides for Adjustment of Status for Nationals From
Poland or Hungary?
Section 646 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), Public Law 104-208, dated
September 30, 1996, provides for the adjustment to lawful permanent
resident status for certain nationals of Poland or Hungary who, after
having been denied refugee status, were inspected and granted parole in
the United States during the period beginning on November 1, 1989, and
ending on December 31, 1991.
How Did the Service Implement the Provisions of Section 646 of the
IIRIRA?
On May 23, 1997, the Service published an interim rule in the
Federal Register at 62 FR 28314, which added Sec. 245.12, to establish
the procedures by which eligible aliens may obtain the benefits of
section 646(b) of the IIRIRA. The public was given a 60-day period to
comment on the interim rule.
What Comments did the Service Receive?
The Service received one written comment on the interim rule. The
commenter noted the eligibility requirements for benefits, under
section 646 of Public Law 104-208, were not stated in the Immigration
and Nationality Act (Act). The commenter felt it was necessary to state
the eligibility requirements for benefits in this rule for prospective
applicants.
The Service agrees with the commenter that eligibility requirements
for benefits, under section 646 of Public Law 104-208, are not stated
in the Act. Accordingly, the Service has incorpo- rated these statutory
requirements into Sec. 245.12(a)(3) and (4) of the final rule.
What Other Changes to the Final Rule did the Service Make?
The Service is also amending Sec. 245.12 to reflect changes made by
section 308 of the IIRIRA. Section 308 redesignated serveral sections
of the Act, including section 232 of the Act regarding medical
examinations. An applicant's medical examination must comply with
Sec. 232.1 and Sec. 245.5 to meet the eligibility requirements for
adjustment of status. Accordingly, the Service is amending
Sec. 245.12(a) by adding a reference to Sec. 232.1. Section 245.12(a)
in the interim rule made reference to collecting information on Form I-
643, Health and Human Services Statistical Data, as a part of the
filing process. However, the reference to Form I-643 has been removed
because it does not properly apply to applicants under section 646 of
the IIRIRA, but rather to refugees.
Regulatory Flexibility Act
The Commissioner of the Immigration and Naturalization Service, in
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has
reviewed this regulation, and by approving it, certifies that this rule
will not have a significant economic impact on a substantial number of
small entities because this rule affects individuals who are adjusting
status to permanent resident.
Unfunded Mandates Reform Act of 1995
This rule will not result in expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any 1 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 anual effect on the economy of $100 million or more; a
major increase in cost 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
This rule is not considered by the Department of Justice,
Immigration and Naturalization Service, to be a ``significant
regulatory action'' under Executive Order (E.O., 12866, section 3(f),
Regulatory Planning and Review, and the Office of Management and Budget
(OMB) has waived its review under section 6(a)(3)(A).
Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and
[[Page 20070]]
responsibilities among the various levels of government. Therefore, in
accordance with section 6 of E.O. 13132, the Immigration and
Naturalization Service has determined that this rule does not have
sufficient federalism implcations to warrant the preparation of a
federalism summary impact statement.
Executive Order 12988 Civil Justice Reform
This rule meets the applicable standards set forth in section 3(a)
and 3(b)(2) of E.O. 12988.
Paperwork Reduction Act
This final rule does not impose any new reporting or recordkeeping
requirements. The information collection requirements contained in this
rule have previously been approved for use by the OMB under provisions
of the Paperwork Reduction Act. The OMB control numbers for these
collections are contained in 8 CFR 299.5, Display of control numbers.
List of Subjects in 8 CFR Part 245
Aliens, Immigration, Reporting and recordkeeping requirements.
Accordingly, the interim rule amending 8 CFR part 245 which was
published at 62 FR 28314 on May 23, 1997, is adopted as a final rule
with the following changes:
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. 1101, 1103, 1182, 1255; sec. 202, Pub. L.
105-100, 111 Stat. 2160, 2193; sec. 902, Pub. L. 105-277, 112 Stat.
2681; 8 CFR part 2.
2. Section 245.12 is revised to read as follows:
Sec. 245.12 What are the procedures for certain Polish and Hungarian
parolees who are adjusting status to that of permanent resident under
the Illegal Immigration Reform and Immigrant Responsibility Act of
1996?
(a) How do I apply for adjustment of status under this section? (1)
Each person applying for adjustment of status, under section 646(b) of
Public Law 104-208, must file a completed Form I-485, Application to
Register Permanent Residence or Adjust Status, with the correct filing
fee, with the Service director having jurisdiction over the applicant's
place of residence.
(2) The application must include Form G-325A, Biographic
Information and the results of the medical examination made according
to Sec. 232.1 of this chapter and Sec. 245.5.
(3) The application must include evidence to show the applicant was
a national of Poland or Hungary who, after being denied refugee status,
was inspected and granted parole into the United States between
November 1, 1989, and December 31, 1991.
(4) The applicant must have been physically present in the United
States for at least 1 year before filing a Form I-485.
(5) After receiving the Form I-485, the adjudicating Service office
will notify each applicant who is 14 years old or older of the time and
location for the required fingerprinting.
(b) How is my application for adjustment of status affected if I
leave the United States while my application is still pending? The
departure from the United States by an applicant for adjustment of
status must be considered an abandonment of the application, as
provided in Sec. 245.2(a)(4)(ii), unless the applicant was previously
granted advance parole for such absence, and was reinspected on
returning to the United States.
(c) Which grounds for inadmissibility do not apply or can be
waived? The provisions of section 212(a) (4), (5), and (7)(A) of the
Act will not apply to adjustment of status under Sec. 245.12. In
addition, the director may waive any other ground of inadmissibility
except section 212(a)(2)(C) or 212(a)(3)(A), (B), (C), or (E) of the
Act, for humanitarian purposes, to ensure family unity, or when it is
otherwise in the public interest.
(d) If my application for adjustment of status is approved under
Sec. 245.12, what date will be recorded as my admission to permanent
residence? On approval of the application for adjustment of status, the
date of the applicant's admission to permanent resident status will be
the date of the applicant's inspection and parole, as described in
paragraph (a) of this section.
Dated: March 28, 2000.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 00-9320 Filed 4-13-00; 8:45 am]
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