[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Notices]
[Pages 28598-28599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14031]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1776-96]
Discontinuation of the Nicaraguan Review Process
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: This notice announces the extension until June 12, 1997, of
the transitional work authorization criteria to be applied to
applications filed by Nicaraguans affected by the termination of the
Nicaraguan Review Program (NRP) on June 13, 1995. The extension of
these criteria is designed to afford Nicaraguans affected by the
termination of the NRP, who have yet to file a motion to reopen their
deportation proceedings to apply for suspension of deportation as well
as those who will not have met the seven-years physical presence
requirement for suspension of deportation by June 12, 1996, the
opportunity to benefit from these transitional criteria.
EFFECTIVE DATE: June 5, 1996.
FOR FURTHER INFORMATION CONTACT:
Robert A. Jacobson, Director, Policy Development and Special Programs
Branch, Detention and Deportation Division, Immigration and
Naturalization Service, 425 I Street, NW., Room 3008, Washington, DC
20536, telephone (202) 514-2871.
SUPPLEMENTARY INFORMATION:
Background
In a Federal Register Notice dated June 13, 1995, 60 FR 31168, the
INS announced the termination of the Nicaraguan Review Program. The INS
advised that Nicaraguans affected by the termination of the NRP, i.e.
certain Nicaraguans who are subject to orders of
[[Page 28599]]
deportation that became final before June 13, 1995, may be eligible to
apply for suspension of deportation pursuant to section 244 of the
Immigration and Nationality Act, 8 U.S.C. 1254, if they: (1) Have been
present in the United States for at least 7 years; (2) are persons of
good moral character; (3) are persons whose deportation would impose an
extreme hardship to themselves or to their spouse, parent, or child who
is either a United States citizen or a lawful, permanent resident. The
INS further advised that to apply for such relief, aliens with final
orders must file a motion to reopen with the Immigration Court pursuant
to 8 CFR 3.23 and 242.22 or the Board of Immigration Appeals (BIA)
pursuant to 8 CFR 3.2 and 3.8.
The INS also announced certain transitional criteria for the
processing of work authorization requests filed by Nicaraguans affected
by the termination of the NRP and whose employment authorization no
longer would be extended automatically. Specifically, the INS provided
that it would treat the filing of a motion to reopen deportation
proceedings accompanied by an application for suspension of deportation
as a sufficient basis upon which such a person may apply for work
authorization. In such cases, work authorization may be granted upon a
finding that the alien has met the physical presence requirement for
suspension of deportation.
In an effort to moderate any lingering disruptive effects that the
termination of the NRP may cause, the transitional criteria for
suspension-based work authorization applications filed by Nicaraguans
subject to orders of deportation that became final before June 13,
1995, will be extended for one year, through June 12, 1997. This
extension will afford Nicaraguans affected by the termination of the
NRP who have yet to file a motion to reopen their deportation
proceedings to apply for suspension of deportation as well as those who
will not have met the seven-years physical presence requirement for
suspension of deportation by June 12, 1996, the opportunity to benefit
from these transitional criteria.
Dated: May 24, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-14031 Filed 6-4-96; 8:45 am]
BILLING CODE 4410-01-M
