[Federal Register Volume 59, Number 137 (Tuesday, July 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17473]
[[Page Unknown]]
[Federal Register: July 19, 1994]
VOL. 59, NO. 137
Tuesday, July 19, 1994
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 204
[INS No. 1659-94]
RIN 1115-AD70
Requests for Additional Evidence To Support Immigrant Visa
Petitions
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Proposed rule.
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SUMMARY: This document proposes to amend Immigration and Naturalization
Service (Service) regulations by providing a petitioner in an immigrant
visa petition proceeding with a period of 12 weeks to respond to the
Service's request for additional information and/or documentation. This
amendment is necessary to ensure that the time provided for response in
certain immigration proceedings is consistent with the requirements
contained elsewhere in Service regulations. If adopted, this rule would
have a beneficial impact on all parties and will provide consistency
among Service regulations relating to processing procedures for certain
immigrants.
DATES: Written comments must be received on or before September 19,
1994.
ADDRESSES: Please submit written comments in triplicate to the Records
Systems Division, Director, Policy Directives and Instructions Branch,
Immigration and Naturalization Service, 425 I Street NW., Room 5307,
Washington, DC 20536. To ensure proper and timely handling, please
reference INS Number 1659-94 on your correspondence.
FOR FURTHER INFORMATION CONTACT:
Jack Tabaka, Senior Immigration Examiner, Office of Adjudications,
Immigration and Naturalization Service, 425 I Street NW., Washington,
DC 20536, telephone (202) 514-5014.
SUPPLEMENTARY INFORMATION: Occasionally, the Service receives an
application or petition along with supporting documentation which meets
the threshold evidentiary requirements for a particular immigration
benefit. However, upon closer review, the Service may determine that
the supporting documentation fails to properly or adequately establish
eligibility for the immigration benefit requested, or raises questions
that must be answered before the Service can adjudicate the case. In
such an instance, the Service provides the applicant or petitioner with
an opportunity to respond to its questions and/or to submit additional
evidence, which may include original documentation, in support of the
request for immigration benefits.
Regulations at 8 CFR 103.2 (b)(5) and (b)(8), which were added by a
final rule published on January 11, 1994, at 59 FR 1455-1466, require
that the petitioner or applicant submit the requested supporting
documentation, answers, and/or, original documentation to the Service
within 12 weeks. That final rule inadvertently conflicts with the
existing regulation at 8 CFR 204.1(h), under which a petitioner in an
immigrant visa petition proceeding must respond to the Service within
60 days, unless an extension is granted. This rule proposes to amend 8
CFR 204.1(h) to conform with the 12-week provision of 8 CFR 103.2
(b)(5) and (b)(i), thereby guaranteeing the petitioner or applicant
more than 60 days in which to respond to a request for additional
information.
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 for the following reason: the proposed rule is
administrative in nature and is necessary in order to ensure that the
time period for a petitioner to respond to the Service's request for
additional information and/or documentation in immigrant visa
proceedings is consistent with 8 CFR 103.2 (b)(5) and (b)(8).
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, Sec. 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 regulations proposed 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 12606
The Commissioner of the Immigration and Naturalization Service
certifies that she has assessed this rule in light of the criteria in
Executive Order 12606 and has determined that this regulation will have
no adverse effect on family well-being. This regulation will provide
consistency in Service regulations as they relate to processing
procedures for certain immigrants.
List of Subjects in 8 CFR Part 204
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
Accordingly, part 204 of chapter I of title 8 of the Code of
Federal Regulations is proposed to be 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. 204.1, paragraph (h) is revised to read as follows:
Sec. 204.1 General information about relative petitions.
* * * * *
(h) Requests for additional evidence. Unless otherwise provided in
this chapter, requests by the Service for additional evidence shall be
governed by the provisions of 8 CFR 103.2 (b)(5) and (b)(8).
Dated: June 13, 1994.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 94-17473 Filed 7-18-94; 8:45 am]
BILLING CODE 4410-10-M
