[Federal Register Volume 62, Number 100 (Friday, May 23, 1997)]
[Rules and Regulations]
[Pages 28314-28315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13594]
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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: Interim rule with request for comments.
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SUMMARY: This rule amends the Immigration and Naturalization Service
(Service) regulations by providing for the adjustment to lawful
permanent resident status of certain alien parolees from Polish and
Hungary. This is necessary to ensure that these individuals, paroled
into the United States between November 1, 1989, and December 31, 1991,
will have the opportunity to apply for resident alien status.
DATES: Effective Date: This interim rule is effective May 23, 1997.
Comment Date: Written comments must be submitted on or before July
22, 1997.
ADDRESSES: Please submit written comments, in triplicate, to the
Director, Policy Directives and Instructions Branch, Immigration and
Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC
20536. To ensure proper handling please reference INS number (1825-97)
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:
Gerard Casale, Senior Adjudications Officer, Immigration and
Naturalization Service, Adjudications and Nationality Division, 425 I
Street, NW., Room 3214, Washington, DC 20536, telephone (202) 514-5014.
SUPPLEMENTARY INFORMATION: Section 646 of Public Law 104-208, the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(IIRIRA), provides for the adjustment of status to lawful permanent
resident of certain nationals of Polish and Hungary who were inspected
and granted parole into the United States during the period beginning
on November 1, 1989, and ending on December 31, 1991, after having been
denied refugee status. In order to apply for the benefits of section
646 of IIRIRA, eligible aliens must have been physically present in the
United States for at least 1 year and be physically present in the
United States on the date their application for such adjustment is
filed. Applicants are also required to establish that they are
admissible to the United States as immigrants under the Immigration and
Nationality Act, except as provided in section 646(c) of IIRIRA. The
law sets no time limit for making an application for adjustment under
this provision.
Section 646(c) of IIRIRA exempts eligible applicants from the
restrictions on admissibility set forth in paragraphs (4), (5), and
(7)(A) of section 212(a) of the Immigration and Naturalization Act (the
Act) and authorizes the Attorney General to waive any provision of
section 212(a) of the Act, other than paragraph (2)(C) and paragraphs
(3)(A), (B), (C), or (E), provided that the Attorney General determines
that the applicant's adjustment to permanent resident status would be
justified ``for humanitarian purposes, to assure family unity, or when
it is otherwise in the public interest.''
This rule adds a new section, Sec. 245.12, to Title 8 of the Code
of Federal Regulations, which provides that each person seeking the
benefits of section 646(b) of Pub. L. 104-208 (IIRIRA) must apply to
the district director having jurisdiction over his or her place of
residence, by filing a completed Form I-485, Application to Register
Permanent Residence or Adjust Status, accompanied by the appropriate
filing fee. Each application must be accompanied by specific evidence
that the applicant meets the eligibility requirements of IIRIRA section
646, as well as the medical examination, security checks, and other
supporting documentation set forth in Sec. 245.12.
There is no statutory provision to make application for the
benefits of section 646 of IIRIRA outside the United States. For that
reason, aliens whose applications for adjustment of status are still
pending should not depart from the United States without first applying
for advance parole authorization.
Good Cause Exception
The Service's implementation of this rule as an interim rule, with
a provision for post-promulgation public comment, is based upon the
``good cause'' exception 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: These changes
have been mandated by the passage of Pub. L. 104-208, and early
implementation will be advantageous to the intended beneficiaries who
have been in parolee status without the opportunity to apply for
permanent resident status and are now eligible for adjustment of status
in the United States.
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 the rule
will not have a significant economic impact on a substantial number of
small entities, because of the following factor: this regulation
affects individuals, not small entities and the number of individuals
affected are minimal.
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.
[[Page 28315]]
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 $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 12866, section 3(f),
Regulatory Planning and Review, and the Office of Management and Budget
has waived its review under section 6(a)(3)(A).
Executive Order 12612
The regulations adopted herein 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
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 12988
This interim rule meets the applicable standards set forth in
section 3(a) and 3(b)(2) of E.O. 12988.
Paperwork Reduction Act
This interim 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
Office of Management and Budget under the paperwork Reduction Act. The
OMB control numbers for these collections are contained in 8 CFR 299.5,
Display of control numbers.
Lists of Subjects in 8 CFR Part 245
Aliens, Immigration, Reporting and recordkeeping requirements.
Accordingly, part 245 of chapter I of title 8, 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. 1101, 1103, 1182, 1255; 8 CFR part 2.
2. Section 245.12 is added to read as follows:
Sec. 245.12 Adjustment of status of certain Polish and Hungarian
parolees under the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
(a) Application. Each person applying for adjustment of status
under section 646(b) of Pub. L. 104-208 must file a completed Form I-
485, Application to Register Permanent Residence or Adjustment Status,
accompanied by the appropriate filing fee, with the district director
having jurisdiction over the applicant's place of residence. Each
application shall be accompanied by specific evidence that the
applicant meets the requirements for eligibility under section 646 of
Pub. L. 104-208; a Form I-643, Health and Human Services Statistical
Data; the results of the medical examination made in accordance with
Sec. 245.5; Form G-325A, Biographic Information, and, unless the
applicant is under the age of 14 years or over the age of 79 years, a
properly executed Form FD-258, Fingerprint Card.
(b) Effect of departure. Departure from the United States by an
applicant for benefits under this provision shall be deemed an
abandonment of the application as provided in Sec. 245.2(a)(4)(ii).
Dated: May 6, 1997.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 97-13594 Filed 5-22-97; 8:45 am]
BILLING CODE 4410-10-M
