[Federal Register Volume 60, Number 146 (Monday, July 31, 1995)]
[Rules and Regulations]
[Pages 38947-38948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18677]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 60, No. 146 / Monday, July 31, 1995 / Rules
and Regulations
[[Page 38947]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 204
[INS No. 1690-95]
RIN 1115-AD91
Immigrant Petitions; Children of Widows or Widower
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule amends the Immigration and Naturalization
Service (``the Service'') regulations by providing clarifying language
and procedures for according immigrant status to children of widows or
widowers who were not previously eligible for immigration benefits as
derivative immediate relatives. This regulation will enhance family
well-being by promoting the family unity relationship between the child
and his or her widowed mother or father.
DATES: This rule is effective July 31, 1995. Written comments must be
submitted on or before September 29, 1995.
ADDRESSES: Please submit written comments, in triplicate, to the
Director, Policy Directives and Instructions, Immigration and
Naturalization Service, 425 ``I'' Street NW., Room 5307, Washington, DC
20536. To ensure proper handling, please reference INS No. 1690-95 on
your correspondence. Comments are available for public inspection at
the above address by calling (202) 514-3048 to arrange for an
appointment.
FOR FURTHER INFORMATION CONTACT:
Ramonia Law-Hill, Senior Adjudications Officer, Adjudications Division,
Immigration and Naturalization Service, 425 ``I'' Street NW., Room
3214, Washington, DC 20536, telephone (202) 514-5014.
SUPPLEMENTARY INFORMATION: Section 302(a)(2) of the Miscellaneous and
Technical Amendments of 1991, Public Law 102-232, dated December 12,
1991, amended the Immigration Act of 1990 and the Immigration and
Nationality Act (the Act) so that certain widows and widowers of United
States citizens would be considered to be immediate relatives and would
be able to petition for themselves. This original language, however,
did not extend to the children of widows and widowers. Section 219(b)
of the Immigration and Nationality Technical Corrections Act of 1994
(Technical Corrections Act), Public Law 103-416, dated October 25,
1994, expanded the definition of the term ``immediate relative'' in
section 201(b)(2)(A)(i) of the Act to include the child of an alien who
qualifies as a widow or widower. Section 219(b) also amended section
204(a)(1)(A) of the Act so that the child of a widow or widower could
be included in the petition filed by the widow or widower. Before these
changes, the child of a widow or widower would only be eligible to
acquire immigrant status after the acquisition of immigrant status by
the widow or widower, and after the approval of a petition filed by the
widow or widower for classification of the child under section
203(a)(2) of the Act. The changes in the Technical Corrections Act now
enable the child to be included in the widow or widower's petition and
to accompany or follow to join the widow or widower to the United
States as a derivative immediate relative. Accordingly, this rule
amends 8 CFR 204.2(b)(4) to reflect the changes to the Act. It should
be noted that these derivative benefits do not extend to the unmarried
or married sons or daughters of widows or widowers of United States
citizens. This regulation reflects that exclusion.
The Service's implementation of this rule as an interim rule, with
provision for post-promulgation public comment, is based upon the
``good cause'' exceptions found at 5 U.S.C. 533 (b)(B) and (d)(3). The
reasons and the necessity for immediate implementation of this interim
rule are as follows: The statutory provision addressed in this rule
became effective October 25, 1994. It was clear that the Congressional
intent was to implement this provision immediately and any further
delay would be contrary to this intent. Moreover, this interim rule
confers an immediate benefit upon eligible persons who otherwise would
not be eligible for legal admission to the United States as permanent
residents. Furthermore, this rule does not impose a penalty of any
kind. It is imperative that this interim rule become effective upon
publication so that those persons who are entitled to the benefit may
apply accordingly.
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. This rule merely confers a benefit upon eligible
persons and does not impose a penalty of any kind.
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 12866, section 3(f),
Regulatory Planning and Review, and the Office of Management and Budget
has waived its review process under section (6)(a)(3)(A).
Executive Order 12612
The regulation will not have a substantial direct effect on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
Federalism implications to warrant the preparation of a Federalism
Assessment.
Executive Order 12606
The Commissioner of the Immigration and Naturalization Service
certifies that she has addressed this rule in light of the criteria in
Executive Order 12606 and has determined that this regulation will
enhance family well-being by promoting the family unity relationship
between the child and his/her mother or father.
[[Page 38948]]
List of Subjects in 8 CFR Part 204
Administrative practice and procedure, Aliens, Immigration,
Petitions.
Accordingly, part 204 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 204--IMMIGRANT PETITIONS
1. The authority citation for part 204 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1186a,
1255; 8 CFR part 2.
2. In Sec. 204.2 paragraph (b)(4) is revised to read as follows:
Sec. 204.2 Relative petitions.
* * * * *
(b) * * *
(4) Derivative beneficiaries. A child of an alien widow or widower
classified as an immediate relative is eligible for derivative
classification as an immediate relative. Such a child may be included
in the principal alien's immediate relative visa petition, and may
accompany or follow to join the principal alien to the United States.
Derivative benefits do not extend to an unmarried or married son or
daughter of an alien widow or widower.
* * * * *
Dated: July 21, 1995.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 95-18677 Filed 7-28-95; 8:45 am]
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