98-6828. Fingerprinting Applicants and Petitioners for Immigration Benefits; Establishing a Fee for Fingerprinting by the Service; Requiring Completion of Criminal Background Checks Before Final Adjudication of Naturalization Applications  

  • [Federal Register Volume 63, Number 51 (Tuesday, March 17, 1998)]
    [Rules and Regulations]
    [Pages 12979-12988]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-6828]
    
    
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    DEPARTMENT OF JUSTICE
    
    Immigration and Naturalization Service
    
    8 CFR Parts 103, 204, 208, 209, 244, 245, 264, 299, 316, 332, and 
    335
    
    [INS No. 1891-97]
    RIN 1115-AF03
    
    
    Fingerprinting Applicants and Petitioners for Immigration 
    Benefits; Establishing a Fee for Fingerprinting by the Service; 
    Requiring Completion of Criminal Background Checks Before Final 
    Adjudication of Naturalization Applications
    
    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 relating to fingerprinting applicants and 
    petitioners for benefits under the Immigration and Nationality Act 
    (Act). This rule implements certain provisions of the Department of 
    Justice Appropriations Act, 1988, which prohibit the Service from 
    accepting fingerprint cards (Form FD-258) for the purpose of conducting 
    criminal background checks on applicants and petitioners for 
    immigration benefits prepared by any individual or entity other than 
    the Service, a registered State or local law enforcement agency, a 
    United States consular office at a United States embassy or consulate, 
    or a United States military installation abroad. The rule also 
    announces the termination of the Designated Fingerprinting Services 
    (DFS) certification program. In addition, this rule establishes a $25 
    service fee for fingerprinting by the Service, and requires Service 
    receipt of a definitive response from the Federal Bureau of 
    Investigation (FBI) before final adjudication of a naturalization 
    application.
    
    DATES:
        Effective date: This interim rule is effective March 29, 1998.
        Comment date: Written comments must be submitted on or before May 
    18, 1998.
    
    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 refer to INS No. 1891-97 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:
    Ann Palmer or Thomas E. Cook, Office of Naturalization Operations, 
    Immigration and Naturalization Service, 801 I Street, NW., Room 935, 
    Washington, DC 20536, telephone (202) 305-0539.
    
    SUPPLEMENTARY INFORMATION: 
    
    Background
    
    1. What is the Designated Fingerprinting Services (DFS) Program?
    
        The Designated Fingerprinting Services (DFS) program allowed 
    qualified individuals, businesses, and law enforcement agencies to 
    apply to the Service for certification as a DFS entity to provide 
    fingerprinting services to applicants and petitioners for immigration 
    benefits. The primary purposes of the program were to facilitate the 
    processing of applications
    
    [[Page 12980]]
    
    and petitions for benefits and protect the integrity of the 
    fingerprinting process. The Service developed the DFS program as a 
    result of reports from the United States Department of Justice, 
    Inspector General, and United States General Accounting Office which 
    found that the Service's unregulated fingerprinting policy, in effect 
    since 1982, did not provide sufficient security controls. Under the DFS 
    program, the Service accepted fingerprint cards (Form FD-258) filed 
    with applications and petitions for immigration benefits only if they 
    were prepared by a designated Service employee, an approved DFS entity, 
    an intending DFS entity that had submitted an application for 
    certification prior to March 1, 1997, or a law enforcement agency 
    registered as a DFS entity.
    
    2. How Did the Service Implement the DFS Certification Program?
    
        On May 15, 1995, the Service published a notice of proposed 
    rulemaking in the Federal Register at 60 FR 25856 proposing to 
    implement the DFS certification program, which set forth the 
    certification requirements and application procedures for individuals 
    and entities interested in providing fingerprinting services to 
    applicants and petitioners for immigration benefits. The Service also 
    specified a date by which it would no longer accept fingerprint cards 
    prepared by unauthorized entities.
        On June 4, 1996, after a 60-day public comment period, the Service 
    published a final rule in the Federal Register at 61 FR 28003, formally 
    implementing the DFS certification program. The final rule became 
    effective July 5, 1996. However, due to the insufficient number of 
    certification applications received by the Service, and to ensure that 
    adequate fingerprinting services were available to all applicants and 
    petitioners for immigration benefits, the Service published a final 
    rule in the Federal Register on November 7, 1996, at 61 FR 57583, 
    extending the effective date of the DFS certification program to March 
    1, 1997.
    
    Legislative Authority
    
    1. Why is the Service Terminating the Designated Fingerprinting 
    Services Certification Process?
    
        On November 26, 1997, the Department of Justice Appropriations Act, 
    1998 (Pub. L. 105-119, 111 Stat. 2440) was enacted. This legislative 
    change necessitates elimination of the DFS program. Pursuant to this 
    legislation, effective December 3, 1997, the Service can accept 
    fingerprint cards (Form FD-258) for the purpose of conducting criminal 
    background checks on applications and petitions for immigration 
    benefits only if prepared by a Service office, a registered State or 
    local law enforcement agency, a United States consular office at a 
    United States embassy or consulate, or a United States military 
    installation abroad. Accordingly, the Service is removing the DFS 
    certification process from its regulations.
    
    2. How Will the Service Implement the New Fingerprint Requirements?
    
        To comply with Public Law 105-119, 111 Stat. 2440, the Service is 
    establishing a new program to fingerprint applicants and petitioners 
    for immigration benefits. The Service is opening new offices, known as 
    Application Support Centers (ASCs), and establishing mobile 
    fingerprinting centers nationwide to fingerprint applicants and 
    petitioners for immigration benefits. The Service will also fingerprint 
    applicants and petitioners for immigration benefits in certain Service 
    field offices and, in less populated areas, is entering into co-
    operative agreements with designated State or local law enforcement 
    agencies (DLEA) which have registered with the Service to provide 
    fingerprinting services to applicants and petitioners for immigration 
    benefits. This new fingerprinting program applies only to acceptance of 
    Form FD-258, Applicant Card, submitted to the Service in connection 
    with applications and petitions for immigration benefits.
    
    3. How Does the New Legislation Affect Filing of Applications and 
    Petitions for Immigration Benefits?
    
        Under the Service's new fingerprinting program, effective on 
    December 3, 1997, the Service began accepting fingerprinting cards with 
    applications and petitions for immigration benefits only if prepared by 
    the Service, registered State or local law enforcement agencies, a 
    United States consular office at a United States embassy or consulate, 
    or a United States military installation abroad.
        Effective March 29, 1998, applicants and petitioners for 
    immigration benefits residing in the United States will be required to 
    file applications and petitions without completed fingerprint cards. 
    After filing, the Service will notify applicants and petitioners to 
    appear at an ASC or other Service-designated location, including 
    designated State or local law enforcement agencies, to be 
    fingerprinted. Applicants and petitioners residing outside of the 
    United States submit completed fingerprint cards prepared by the 
    Service, a United States consular office or a United States military 
    installation abroad with applications and petitions for immigration 
    benefits.
    a. How Has the Fingerprinting Process for Naturalization Been Changed?
        Effective December 3, 1997, naturalization applications from 
    individuals residing in the United States (as defined in section 
    101(a)(38) of the Act) have been filed without completed fingerprint 
    cards. After filing the Form N-400, these naturalization applicants 
    have been notified to appear at an ASC or other Service-designated 
    location to be fingerprinted. Naturalization applications from 
    individuals residing outside of the United States have been filed with 
    completed fingerprint cards prepared by a United States consular office 
    at a United States embassy or consulate or a United States military 
    installation aboard.
    b. How Has the Fingerprinting Process for Immigration Benefits Other 
    Than Naturalization Been Changed?
        Effective on December 3, 1997, applicants and petitioners for 
    immigration benefits other than naturalization have filed applications 
    and petitions with completed fingerprint cards prepared by State or 
    local law enforcement agencies registered with the Service to provide 
    fingerprinting services.
        Effective on March 29, 1998, applications and petitions for all 
    immigration benefits other than naturalization, including asylum 
    applications, from individuals residing in the United States, will be 
    filed without completed fingerprint cards. After filing, these 
    individuals, who require fingerprinting in connection with applications 
    and petitions, will be notified to appear at an ASC or other Service-
    designated location to be fingerprinted. Under this new process, the 
    Service will continue to give special consideration to processing of 
    fingerprint cards associated with orphan petitions to ensure timely and 
    flexible adjudication of these cases.
        Effective December 3, 1997, applications and petitions for 
    immigration benefits other than naturalization from individuals 
    residing outside of the United States have been filed with completed 
    fingerprint cards prepared by the Service, a United States consular 
    office at a United States embassy or consulate, or a United States 
    military installation aboard.
    
    [[Page 12981]]
    
    4. Will Applicants and Petitioners Who Were Fingerprinted by a DFS 
    Entity Need to Be Re-fingerprinted?
    
        Fingerprint cards submitted with properly filed applications and 
    petitions for any immigration benefit which were accepted by the 
    Service before December 3, 1997, will be processed in accordance with 
    the regulations in effect at the time of acceptance. For purposes of 
    implementing this rule, fingerprint cards are deemed accepted by the 
    Service before December 3, 1997, if: (1) The application or petition 
    was hand delivered to a Service office before December 3, 1997; or (2) 
    the application or petition was postmarked before December 3, 1997, and 
    was received in a Service office before December 6, 1997. Applicants 
    and petitioners whose properly completed fingerprint cards were 
    accepted before December 3, 1997, will not ordinarily be required to be 
    re-fingerprinted in accordance with these new fingerprinting 
    procedures, unless the Attorney General determines that it is necessary 
    to re-fingerprint an applicant or petitioner. For example, the Attorney 
    General may decide to take an additional set of fingerprints for an 
    asylum applicant in order to comply with the identity provisions of 
    section 208(d)(5)(A)(i) of the Act or in cases in which the Federal 
    Bureau of Investigation rejects a fingerprint card. However, beginning 
    on December 3, 1997, for naturalization applicants and on March 29, 
    1998, for applicants and petitioners for other benefits, the Service 
    will notify applicants and petitioners who file a completed fingerprint 
    card prepared by a DFS entity to be re-fingerprinted at an ASC or other 
    Service-designated location.
    
    5. Why is the Service Charging a Fee for Fingerprinting Services?
    
        In Pub. L. 105-119, 111 Stat. 2440, Congress authorized the Service 
    to charge a fee for fingerprinting in connection with the new 
    fingerprinting program. Accordingly, the Service will charge the fee 
    necessary to recover the administrative and support costs of the new 
    fingerprinting program, and for the collection, safeguarding, and 
    accounting of the fees. All fingerprinting fees initially collected 
    from applicants and petitioners for immigration benefits will be 
    deposited into the Immigration Examinations Fee Account established by 
    8 U.S.C. 1356(m)-(p). However, the Service will not begin charging the 
    fee for fingerprinting applicants and petitioners for immigration 
    benefits until March 29, 1998. This service fee for fingerprinting will 
    apply only to applications and petitions for immigration benefits filed 
    on or after March 29, 1998. Therefore, applicants and petitioners for 
    immigration benefits who file before March 29, 1998, but who are 
    scheduled to be fingerprinted by the Service on or after March 29, 
    1998, will be fingerprinted by the Service without charge. This delay 
    in collecting the fee for fingerprinting services will allow the 
    Service to ensure that the new ASCs and mobile fingerprinting centers 
    are operating efficiently.
    
    6. What Fee is Being Established for Fingerprinting by the Service?
    
        In the interest of fairness and based on a Service-determined cost 
    estimate, during the early stages of the new fingerprinting program, 
    the service fee for fingerprinting by the Service is established at $25 
    per applicant, petitioner, beneficiary, sponsor, or other individual 
    required by Service regulations or form instructions to be 
    fingerprinted in connection with an application or petition for 
    immigration benefits. The Service anticipates that this $25 fee will 
    not recover all Service costs for fingerprinting individuals for 
    immigration benefits at present. However, the Service plans to conduct 
    a fee analysis under provisions of Office of Management and Budget 
    Circular A-25 in the near future to determine the full cost to the 
    Service of fingerprinting individuals for immigration benefits.
        Congress has also authorized registered State and local law 
    enforcement agencies and United States consular offices at United 
    States embassies or consulates, or United States military installations 
    abroad to charge a fee for fingerprinting applicants and petitioners 
    for immigration benefits.
    
    7. How Will Applicants and Petitioners Submit the Fee for 
    Fingerprinting by the Service?
    
        The one-time $25 fee for fingerprinting by the Service must be 
    submitted at the time of filing the application or petition, in 
    addition to the filing fee for the application or petition. However, 
    applicants and petitioners residing abroad who are fingerprinted at 
    United States consular offices or military installations abroad do not 
    need to be fingerprinted by the Service. Therefore, these applicants 
    and petitioners will submit the completed fingerprint cards at the time 
    of filing the application or petition for immigration benefits, and do 
    not need to submit the $25 fee for fingerprinting by the Service. In 
    addition, asylum applicants are exempt from submitting the fee for 
    fingerprinting by the Service in connection with filing an application 
    for asylum and withholding of removal.
        Applications and petitions for immigration benefits filed by 
    individuals residing in the United States submitted without the $25 
    service fee for fingerprinting by the Service or with the incorrect 
    service fee for fingerprinting, will not be rejected as improperly 
    filed. The Service will notify applicants or petitioners to submit the 
    correct fee for fingerprinting, and will withhold processing of the 
    application or petition, including scheduling for fingerprinting, until 
    the correct fingerprinting fee is received. Failure by an applicant or 
    petitioner to submit the correct fee for fingerprinting by the Service 
    within the time allotted in a notice to the applicant or petitioner 
    will result in denial of the application or petition due to 
    abandonment.
    
    8. How Does Public Law 105-119 Affect Adjudication of Naturalization 
    Applications?
    
        The new legislation codifies current Service policy that the 
    Service must receive confirmation from the Federal Bureau of 
    Investigation (FBI) that a full criminal background check has been 
    completed on applicants for naturalization before final adjudication of 
    the application. This interim rule requires the Service to receive a 
    definitive response from the FBI that a criminal background check has 
    been completed before notifying applicants for naturalization to appear 
    before a Service officer for the mandatory examination on the Form N-
    400, Application for Naturalization.
    
    Explanation of Changes
    
    What Changes is the Service Making to its Regulations?
    
    1. Changes in Sec. 103.1
        In Sec. 103.1, paragraph (f)(3)(iii)(NN) is amended to remove the 
    Form I-850, Application for Certification for Designated Fingerprinting 
    Services, from the list of decisions of which the Associate 
    Commissioner for Examinations exercises jurisdiction. This change is 
    necessary because the Service is eliminating the DFS certification 
    program.
    2. Changes in Sec. 103.2
        In Sec. 103.2, paragraphs (a)(1) and (a)(7)(i) are revised to allow 
    the Service to treat as properly filed applications and petitions which 
    require completion of fingerprint cards but which are submitted without 
    the $25 fee for fingerprinting by the Service. Paragraph (a)(7)(ii) is 
    revised to allow the Service to reject applications or petitions as 
    improperly filed if the check or other financial instrument used to pay 
    the
    
    [[Page 12982]]
    
    fingerprinting fee is returned to the Service as not payable. 
    Paragraphs (b)(9), (b)(10)(i), (b)(13), and (b)(14) are revised to 
    include requests that applicants and petitioners for immigration 
    benefits appear for fingerprinting at a Service office or other 
    location designated by the Service, and to allow the Service to deny 
    the applications and petitions of individuals who fail to appear for 
    fingerprinting. Paragraph (e) is revised to eliminate the DFS program 
    and establish new fingerprinting procedures for applicants and 
    petitioners for immigration benefits.
    3. Changes in Sec. 103.7
        In Sec. 103.7, paragraph (b)(1) is amended to add the fee for 
    fingerprinting by the Service, and to remove the fee for the Form I-
    850, Application for Certification for Designated Fingerprinting 
    Services. Charging a fee for fingerprinting is necessary to fund the 
    Service's new fingerprinting program, and the fee is established at $25 
    per individual who requires fingerprinting. The fee for the Form I-850, 
    Application for Certification for Designated Fingerprinting Services, 
    is being removed because the form relates to the DFS program and the 
    Service is canceling the DFS program by publication of this interim 
    rule.
    4. Changes in Sec. 204.3 and Sec. 204.4
        In Secs. 204.3 and 204.4, the Service is amending the regulations 
    to require the Form I-600A, Application for Advanced Processing of 
    Orphan Petition, the Form I-600, Petition to Classify Orphan as an 
    Immediate Relative, and the Form I-360, Petition for Amerasian, Widow 
    or Special Immigrant, filed on behalf of an Amerasian child of a United 
    States citizen to be filed without completed fingerprint cards, and to 
    require the prospective adoptive parents, other adult members of the 
    prospective adoptive parents' household, and sponsors of Amerasian 
    children to appear at a Service office, or other location designated by 
    the Service, for fingerprinting in accordance with the new 
    fingerprinting procedures being established in Sec. 103.2(e).
    5. Changes in Sec. 208.7, Sec. 208.10, and Sec. 208.14
        In Sec. 208.7, the Service is amending the regulations to clarify 
    that failure to follow requirements for fingerprint processing may 
    affect an asylum applicant's eligibility for employment authorization. 
    In Sec. 208.10, the Service is amending the regulations to include 
    failure to follow the requirements for fingerprint processing as a 
    ground for dismissal of a case or waiver of an adjudication by an 
    asylum officer. In Sec. 208.14, the Service is amending the regulations 
    to permit referral of an asylum application when the applicant is 
    deemed to have waived adjudication by an asylum officer.
    6. Changes in Sec. 209.1 and Sec. 209.2
        In Secs. 209.1 and 209.2, the Service is amending the regulations 
    to require refugee entrants and aliens granted asylum to appear at a 
    Service office, or other location designated by the Service, for 
    fingerprinting in accordance with the new fingerprinting procedures 
    being established in Sec. 103.2(e) after filing the application, rather 
    than submitting the fingerprints on a completed fingerprint card with 
    the application.
    7. Changes in Sec. 244.6
        In Sec. 244.6, the Service is amending the regulations to require 
    applicants for temporary protected status to appear at a Service 
    office, or other location designated by the Service, for fingerprinting 
    in accordance with the new fingerprinting procedures being established 
    in Sec. 103.2(e) after filing the Form I-821, Application for Temporary 
    Protected Status, rather than submitting the fingerprints on a 
    completed fingerprint card with the application.
    8. Changes in Sec. 245.7
        In Sec. 245.7, the Service is amending the regulations to require 
    applicants for benefits under section 599E of Public Law 101-167 to 
    appear at a Service office, or other location designated by the 
    Service, for fingerprinting in accordance with the new fingerprinting 
    procedures being established in Sec. 103.2(e) after filing the Form I-
    485, Application to Register Permanent Residence or Adjust Status, 
    rather than submitting the fingerprints on a completed fingerprint card 
    with the application.
    9. Changes in Sec. 264.2 and Sec. 264.5
        In Secs. 264.2 and 264.5, the Service is amending the regulations 
    to require applicants for creation of a record of permanent residence 
    and for a replacement alien registration card to appear at a Service 
    office, or other location designated by the Service, for fingerprinting 
    in accordance with the new fingerprinting procedures being established 
    in Sec. 103.2(e) after filing the application, rather than submitting 
    the fingerprints on a completed fingerprint card with the application.
    10. Changes in Sec. 299.1 and Sec. 299.5
        In Secs. 299.1 and 299.5, the Service is amending the regulations 
    to remove the Form I-850, Application for Certification for Designated 
    Fingerprinting Services, and the Form I-850A, Attestation by Designated 
    Fingerprinting Service Certified to Take Fingerprints, from the listing 
    of forms. These changes are necessary because the forms relate to the 
    DFS program and, by publication of this interim rule, the Service is 
    terminating the DFS program in order to comply with the new legislation 
    relating to fingerprinting applicants and petitioners for immigration 
    benefits.
    11. Changes in Sec. 316.4
        In Sec. 316.4, the Service is amending the regulations to require 
    applicants for naturalization to file a complete application without a 
    fingerprint card, and to appear at a Service office, or other location 
    designated by the Service, for fingerprinting in accordance with the 
    new fingerprinting procedures being established in Sec. 103.2(e) after 
    filing the Form N-400, Application for Naturalization.
    12. Changes in Sec. 332.2
        In Sec. 332.2, the Service is amending the regulations to remove 
    references to fingerprinting services being provided by non-profit 
    organizations. The change is necessary because the new legislation 
    relating to fingerprinting applicants and petitioners for immigration 
    benefits prohibits the Service from accepting fingerprint cards 
    prepared by any organization other than the Service, registered State 
    or local law enforcement agencies, United States consular offices, or 
    United States military installations abroad.
    13. Changes in Sec. 335.2
        The FBI currently performs criminal background checks on applicants 
    for naturalization and notifies the Service of the results of these 
    checks. It has been Service policy to request applicants for 
    naturalization to appear for examination on the application only after 
    receiving such a notice from the FBI. In Sec. 335.2, the Service is 
    amending the regulations to require a definitive response from the FBI 
    on the criminal background check on an applicant for naturalization. A 
    definitive response is defined as a response from the FBI that: (1) An 
    applicant does not have an administrative or criminal record; (2) an 
    applicant does not have an administrative or criminal record; or (3) an 
    applicant's fingerprints cannot be classified for purposes of 
    conducting a criminal background check, despite the
    
    [[Page 12983]]
    
    FBI's receipt of two properly prepared fingerprint cards. In the case 
    of an applicant whose fingerprints cannot be classified, Service 
    quality assurance procedures require the applicant to submit police 
    clearances to the Service before final adjudication of the 
    naturalization application.
    
    Good Cause Exception
    
        The Service's implementation of this rule as an interim rule, with 
    provision for post-promulgation public comments, is based on the ``good 
    cause'' exceptions found at 5 U.S.C 553(b)(B) and (d)(3). The reason 
    and necessity for immediate implementation of this interim rule without 
    prior notice and comment is that new legislation prohibiting the 
    Service from accepting fingerprint cards unless prepared by a Service 
    office, a registered State or local law enforcement agency, a United 
    States consular office at a United States embassy or consulate, or a 
    United States military installation abroad, became effective December 
    3, 1997.
        This rule is needed in order to establish the new fingerprinting 
    process for applications and petitions filed on or after December 3, 
    1997. Accordingly, any delays in the implementation of the new 
    fingerprinting process required by this law will result in unnecessary 
    delays in the filing and adjudication of applications and petitions for 
    immigration benefits, without a corresponding public benefit. 
    Furthermore, Congress addressed its intent to permit the Service to use 
    interim regulatory authority in the early stages of this program. In 
    particular, the Congressional Record of November 13, 1997, at page 
    H10837 notes:
    
        An interim regulation may be employed in the early stages of the 
    program, to implement all aspects of the program, including setting 
    of a fingerprint fee, while the normal studies to justify a fee 
    regulation are being conducted.
    
        For these reasons, the Commissioner has determined that delaying 
    the implementation of this rule would be unnecessary and contrary to 
    the public interest, and that there is good cause for dispensing with 
    the requirements of prior notice. However, the Service welcomes public 
    comment on this interim rule and will address those comments prior to 
    the implementation of the final rule.
    
    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, which provides procedures for the taking and 
    submission of fingerprints under the standards of the new legislation, 
    relates to applicants and petitioners for immigration benefits and does 
    not have a significant adverse effect on small businesses. Any adverse 
    economic impact on DFS entities is necessitated by the new legislation 
    which, as of December 3, 1997, prohibits the Service from accepting 
    fingerprint cards unless prepared by the Service, a registered State 
    and local law enforcement agency, a United States consular office at a 
    United States embassy or consulate, or a United States military 
    installation abroad.
    
    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.
    
    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 of the economy of $100 million or more; a 
    major increase in costs 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 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. Accordingly, this rule has been submitted to the Office of 
    Management and Budget for review.
    
    Executive Order 12612
    
        The regulation 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 Civil Justice Reform
    
        This interim rule meets the applicable standards set forth in 
    sections 3(a) and 3(b)(2) of Executive Order 12988.
    
    List of Subjects
    
    8 CFR Part 103
    
        Administrative practice and procedure, Authority delegations 
    (Government agencies), Reporting and recordkeeping requirements.
    
    8 CFR Part 204
    
        Administrative practice and procedure, Aliens, Employment, 
    Immigration, Petitions.
    
    8 CFR Part 208
    
        Administrative practice and procedure, Aliens, Immigration, 
    Reporting and recordkeeping requirements.
    
    8 CFR Part 209
    
        Aliens, Immigration, Refugees.
    
    8 CFR Part 244
    
        Administrative practice and procedure, Aliens.
    
    8 CFR Part 245
    
        Aliens, Immigration, Reporting and recordkeeping requirements.
    
    8 CFR Part 264
    
        Aliens, Registration and fingerprinting, Reporting and 
    recordkeeping requirements.
    
    8 CFR Part 299
    
        Immigration, Reporting and recordkeeping requirements.
    
    8 CFR Part 316
    
        Citizenship and naturalization, Reporting and recordkeeping 
    requirements.
    
    8 CFR Part 332
    
        Citizenship and naturalization, Education, Reporting and 
    recordkeeping requirements.
    
    8 CFR Part 335
    
        Administrative practice and procedure, Authority delegations 
    (Government agencies), Citizenship and naturalization, Reporting and 
    recordkeeping requirements.
    
        Accordingly, chapter I of title 8 of the Code of Federal 
    Regulations is amended as follows:
    
    [[Page 12984]]
    
    PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF 
    SERVICE RECORDS
    
        1. The authority citation for part 103 continues to read as 
    follows:
    
        Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1201, 1252 
    note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 
    15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.
    
    
    Sec. 103.1  [Amended]
    
        2. Section 103.1 is amended by:
        a. Removing the ``; and'' at the end of paragraph (f)(3)(iii)(MM) 
    and adding a period in its place; and by
        b. Removing paragraph (f)(3)(iii)(NN).
        3. Section 103.2 is amended by:
        a. Revising paragraph (a)(1);
        b. Revising paragraph (a)(7);
        c. Revising paragraph (b)(9);
        d. Revising the heading for paragraph (b)(10);
        e. Revising paragraph (b)(10)(i);
        f. Revising paragraph (b)(13);
        g. Revising paragraph (b)(14); and by
        h. Revising paragraph (e), to read as follows:
    
    
    Sec. 103.2  Applications, petitions, and other documents.
    
        (a) Filing. (1) General. Every application, petition, appeal, 
    motion, request, or other document submitted on the form prescribed by 
    this chapter shall be executed and filed in accordance with the 
    instructions on the form, such instructions (including where an 
    application or petition should be filed) being hereby incorporated into 
    the particular section of the regulations in this chapter requiring its 
    submission. The form must be filed with the appropriate filing fee 
    required by Sec. 103.7. Except as exempted by paragraph (e) of this 
    section, forms which require an applicant, petitioner, sponsor, 
    beneficiary, or other individual to complete Form FD-258, Applicant 
    Card, must also be filed with the service fee for fingerprinting, as 
    required by Sec. 103.7(b)(1), for each individual who requires 
    fingerprinting. Filing fees and fingerprinting service fees are non-
    refundable and, except as otherwise provided in this chapter, must be 
    paid when the application is filed.
    * * * * *
        (7) Receipt date.--(i) General. An application or petition received 
    in a Service office shall be stamped to show the time and date of 
    actual receipt and, unless otherwise specified in part 204 or part 245 
    of this chapter, shall be regarded as properly filed when so stamped, 
    if it is properly signed and executed and the required filing fee is 
    attached or a waiver of the filing fee is granted. An application or 
    petition which is not properly signed or is submitted with the wrong 
    filing fee shall be rejected as improperly filed. Rejected applications 
    and petitions, and ones in which the check or other financial 
    instrument used to pay the filing fee is subsequently returned as non-
    payable will not retain a filing date. An application or petition taken 
    to a local Service office for the completion of biometric information 
    prior to filing at a Service Center shall be considered received when 
    physically received at a Service Center.
        (ii) Non-payment. If a check or other financial instrument used to 
    pay a filing fee is subsequently returned as not payable, the remitter 
    shall be notified and requested to pay the filing fee and associated 
    service charge within 14 calendar days, without extension. If the 
    application or petition is pending and these charges are not paid 
    within 14 days, the application or petition shall be rejected as 
    improperly filed. If the application or petition was already approved, 
    and these charges are not paid, the approval shall be automatically 
    revoked because it was improperly field. If the application or petition 
    was already denied, revoked, or abandoned, that decision will not be 
    affected by the non-payment of the filing or fingerprinting fee. New 
    fees will be required with any new application or petition. Any fee and 
    service charges collected as the result of collection activities or 
    legal action on the prior application or petition shall be used to 
    cover the cost of the previous rejection, revocation, or other action.
        (b) * * *
        (9) Request for appearance. An applicant, a petitioner, a sponsor, 
    a beneficiary, or other individual residing in the United States at the 
    time of filing an application or petition may be required to appear for 
    fingerprinting or for an interview. A petitioner shall also be notified 
    when a fingerprinting notice or an interview notice is mailed or issued 
    to a beneficiary, sponsor, or other individual. The applicant, 
    petitioner, sponsor, beneficiary, or other individual may appear as 
    requested by the Service, or prior to the dates and times for 
    fingerprinting or of the date and time of interview:
        (i) The individual to be fingerprinted or interviewed may, for good 
    cause, request that the fingerprinting or interview be rescheduled; or
        (ii) The applicant or petitioner may withdraw the application or 
    petition.
        (10) Effect of a request for initial or additional evidence for 
    fingerprinting or interview rescheduling--(i) Effect on processing. The 
    priority date of a properly filed petition shall not be affected by a 
    request for missing initial evidence or request for other evidence. If 
    an application or petition is missing required initial evidence, or an 
    applicant, petitioner, sponsor, beneficiary, or other individual who 
    requires fingerprinting requests that the fingerprinting appointment or 
    interview be rescheduled, any time period imposed on Service processing 
    will start over from the date of receipt of the required initial 
    evidence or request for fingerprint or interview rescheduling. If the 
    Service requests that the applicant or petitioner submit additional 
    evidence or respond to other than a request for initial evidence, any 
    time limitation imposed on the Service for processing will be suspended 
    as of the date of request. It will resume at the same point where it 
    stopped when the Service receives the requested evidence or response, 
    or a request for a decision based on the evidence.
    * * * * *
        (13) Effect of failure to respond to a request for evidence or 
    appearance. If all requested initial evidence and requested additional 
    evidence is not submitted by the required date, the application or 
    petition shall be considered abandoned and, accordingly, shall be 
    denied. Except as provided in Sec. 335.6 of this chapter, if an 
    individual requested to appear for fingerprinting or for an interview 
    does not appear, the Service does not receive his or her request for 
    rescheduling by the date of the fingerprinting appointment or 
    interview, or the applicant or petitioner has not withdrawn the 
    application or petition, the application or petition shall be 
    considered abandoned and, accordingly, shall be denied.
        (14) Effect of request for decision. Where an applicant or 
    petitioner does not submit all requested additional evidence and 
    requests a decision based on the evidence already submitted, a decision 
    shall be issued based on the record. Failure to submit requested 
    evidence which precludes a material line of inquiry shall be grounds 
    for denying the application or petition. Failure to appear for required 
    fingerprinting or for a required interview, or to give required 
    testimony, shall result in the denial of the related application or 
    petition.
    * * * * *
        (e) Fingerprinting--(1) General. Service regulations in this 
    chapter, including the instructions to benefit applications and 
    petitions, require certain applicants, petitioners, beneficiaries, 
    sponsors, and other individuals to be fingerprinted on Form
    
    [[Page 12985]]
    
    FD-258, Applicant Card, for the purpose of conducting criminal 
    background checks. On and after December 3, 1997, the Service will 
    accept Form FD-258, Applicant Card, only if prepared by a Service 
    office, a registered State or local law enforcement agency designated 
    by a cooperative agreement with the Service to provide fingerprinting 
    services (DLEA), a United States consular office at United States 
    embassies and consulates, or a United States military installation 
    abroad.
        (2) Fingerprinting individuals residing in the United States. 
    Beginning on December 3, 1997, for naturalization applications, and on 
    March 29, 1998, for all other applications and petitions, applications 
    and petitions for immigration benefits shall be filed as prescribed in 
    this chapter, without completed Form FD-258, Applicant Card. After the 
    filing of an application or petion, the Service will issue a notice to 
    all individuals who require fingerprinting and who are residing in the 
    United States, as defined in section 101(a)(38) of the Act, and request 
    their appearance for fingerprinting at a Service office or other 
    location designated by the Service, to complete Form FD-258, Applicant 
    Card, as prescribed in paragraph (b)(9) of this section.
        (3) Fingerprinting individuals residing abroad. Individuals who 
    require fingerprinting and whose place of residence is outside of the 
    United States, must submit a properly completed Form FD-258, Applicant 
    Card, at the time of filing the application or petition for immigration 
    benefits. In the case of individuals who reside abroad, a properly 
    completed Form FD-258, Applicant Card, is one prepared by the Service, 
    a United States consular office at a United States embassy or consulate 
    or a United States military installation abroad. If an individual who 
    requires fingerprinting and is residing abroad fails to submit a 
    properly completed Form FD-258, Applicant Card, at the time of filing 
    an application or petition, the Service will issue a notice to the 
    individual requesting submission of a properly completed Form FD-258, 
    Applicant Card. The applicant or petitioner will also be notified of 
    the request for submission of a properly completed Form FD-258, 
    Applicant Card. Failure to submit a properly completed Form FD-258, 
    Applicant Card, in response to such a request within the time allotted 
    in the notice will result in denial of the application or petition for 
    failure to submit a properly completed Form FD-258, Applicant Card. 
    There is no appeal from denial of an application or petition for 
    failure to submit a properly completed Form FD-258, Applicant Card. A 
    motion to re-open an application or petition denied for failure to 
    submit a properly completed Form FD-258, Applicant Card, will be 
    granted only on proof that:
        (i) A properly completed Form FD-258, Applicant Card, was submitted 
    at the time of filing the application or petition;
        (ii) A properly completed Form FD-258, Applicant Card, was 
    submitted in response to the notice within the time allotted in the 
    notice; or
        (iii) The notice was sent to an address other than the address on 
    the application or petition, or the notice of representation, or that 
    the applicant or petitioner notified the Service, in writing, of a 
    change of address or change of representation subsequent to filing and 
    before the notice was sent and the Service's notice was not sent to the 
    new address.
        (4) Submission of service fee for fingerprinting--(i) General. The 
    Service will charge a fee, as prescribed in Sec. 103.7(b)(1), for 
    fingerprinting at a Service office or a registered State or local law 
    enforcement agency designated by a cooperative agreement with the 
    Service to provide fingerprinting services. Applications and petitions 
    for immigration benefits shall be submitted with the service fee for 
    fingerprinting for all individuals who require fingerprinting and who 
    reside in the United States at the time of filing the application or 
    petition.
        (ii) Exemptions--(A) Individual residing abroad. Individuals who 
    require fingerprinting and who reside outside of the United States at 
    the time of filing an application or petition for immigration benefits 
    are exempt from the requirement to submit the service fee for 
    fingerprinting with the application or petition for immigration 
    benefits.
        (B) Asylum applicants. Asylum applicants are exempt from the 
    requirement to submit the service fee for fingerprinting with the 
    application for asylum.
        (iii) Insufficient service fee for fingerprinting; incorrect fees. 
    Applications and petitions for immigration benefits received by the 
    Service without the correct service fee for fingerprinting will not be 
    rejected as improperly filed, pursuant to paragraph (a)(7)(i) of this 
    section. However, the application or petition will not continue 
    processing and the Service will not issue a notice requesting 
    appearance for fingerprinting to the individuals who require 
    fingerprinting until the correct service fee for fingerprinting has 
    been submitted. The Service will notify the remitter of the filing fee 
    for the application or petition of the additional amount required for 
    the fingerprinting service fee and request submission of the correct 
    fee. The Service will also notify the applicant or petitioner, and, 
    when appropriate, the applicant or petitioner's representative, as 
    defined in paragraph (a)(3) of this section, of the deficiency. Failure 
    to submit the correct fee for fingerprinting in response to a notice of 
    deficiency within the time allotted in the notice will result in denial 
    of the application or petition for failure to submit the correct 
    service fee for fingerprinting. There is no appeal from the denial of 
    an application or petition for failure to submit the correct service 
    fee for fingerprinting. A motion to re-open an application or petition 
    denied for failure to submit the correct service fee for fingerprinting 
    will be granted only on proof that:
        (A) The correct service fee for fingerprinting was submitted at the 
    time of filing the application or petition;
        (B) The correct service fee for fingerprinting was submitted in 
    response to the notice of deficiency within the time allotted in the 
    notice; or
        (C) The notice of deficiency was sent to an address other than the 
    address on the application or petition, or the notice of 
    representation, or that the applicant or petitioner notified the 
    Service, in writing, of a change of address or change of representation 
    subsequent to filing and before the notice of deficiency was sent and 
    the Service's notice of deficiency was not sent to the new address.
        (iv) Non-payment of service fee for fingerprinting. If a check or 
    other financial instrument used to pay a service fee for fingerprinting 
    is subsequently returned as not payable, the remitter shall be notified 
    and requested to pay the correct service fee for fingerprinting and any 
    associated service charges within 14 calendar days. The Service will 
    also notify the applicant or petitioner and, when appropriate, the 
    applicant or petitioner's representative as defined in paragraph (a)(3) 
    of this section, of the non-payment and request to pay. If the correct 
    service fee for fingerprinting and associated service charges are not 
    paid within 14 calendar days, the application or petition will be 
    denied for failure to submit the correct service fee for 
    fingerprinting.
        4. In Sec. 103.7, paragraph (b)(1) is amended by adding the entry 
    ``For fingerprinting by the Service'' before the entry ``DCL System 
    Costs Fee'' to the listing of fees, to read as follows:
    
    [[Page 12986]]
    
    Sec. 103.7  Fees.
    
    * * * * *
        (b) * * *
        (1) * * *
    * * * * *
    For fingerprinting by the Service. A service fee of $25 will be 
    charged by the Service for fingerprinting each applicant, 
    petitioner, sponsor, or other individual who is required to complete 
    Form FD-258 in connection with an application or petition for an 
    immigration benefit (other than asylum) and whose residence is in 
    the United States, as defined in section 101(a)(38) of the Act.
    * * * * *
    
    
    Sec. 103.7  [Amended]
    
        5. In Sec. 103.7, paragraph (b)(1) is amended by removing the entry 
    for ``Form I-850'' from the listing of fees.
    
    PART 204--IMMIGRANT PETITIONS
    
        6. The authority citation for part 204 is revised to read as 
    follows:
    
        Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1186a, 
    1255, 1641; 8 CFR part 2.
    
        7. Section 204.3 is amended by:
        a. Adding the word ``and'' at the end of paragraph (c)(1)(iii);
        b. Removing paragraph (c)(1)(iv);
        c. Redesignating paragraph (c)(1)(v) as paragraph (c)(1)(iv);
        d. Removing paragraph (c)(1)(vi); and
        e. Adding a new paragraph (c)(3), to read as follows:
    
    
    Sec. 204.3  Orphans.
    
    * * * * *
        (c) * * *
        (3) After receipt of a properly filed advanced processing 
    application, the Service will fingerprint each member of the married 
    prospective adoptive couple or the unmarried prospective adoptive 
    parent, as prescribed in Sec. 103.2(e) of this chapter. The Service 
    will also fingerprint each additional adult member of the prospective 
    adoptive parents' household, as prescribed in Sec. 103.2(e) of this 
    chapter. The Service may waive the requirement that each additional 
    adult member of the prospective adoptive parents' household be 
    fingerprinted when it determines that such adult is physically unable 
    to be fingerprinted because of age or medical condition.
    * * * * *
        8. Section 204.4 is amended by:
        a. Removing paragraph (f)(1)(iv); and
        b. Revising the second sentence of paragraph (d)(1), to read as 
    follows:
    
    
    Sec. 204.4  Amerasian child of a United States citizen.
    
    * * * * *
        (d) * * *
        (1) * * * If the preliminary processing is completed in a 
    satisfactory manner, the director shall advise the petitioner to submit 
    the documentary evidence required in paragraph (f)(1) of this section 
    and shall fingerprint the sponsor in accordance with Sec. 103.2(e) of 
    this chapter. * * *
    * * * * *
    
    PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL
    
        9. The authority citation for part 208 continues to read as 
    follows:
    
        Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 1282; 8 CFR part 2.
    
        10. Section 208.7 is amended by revising paragraph (a)(2), to read 
    as follows:
    
    
    Sec. 208.7  Employment authorization.
    
        (a) * * *
        (2) The time periods within which the alien may not apply for 
    employment authorization and within which the Service must respond to 
    any such application and within which the asylum application must be 
    adjudicated pursuant to section 208(d)(5)(A)(iii) of the Act shall 
    begin when the alien has filed a complete asylum application in 
    accordance with Secs. 208.3 and 208.4. Any delay requested or caused by 
    the applicant shall not be counted as part of these time periods, 
    including delays caused by failure without good cause to follow the 
    requirements for fingerprint processing. Such time periods shall also 
    be extended by the equivalent of the time between issuance of a request 
    for evidence pursuant to Sec. 103.2(b)(8) of this chapter and the 
    receipt of the applicant's response to such request.
    * * * * *
        11. Section 208.10 is revised to read as follows:
    
    
    Sec. 208.10  Failure to appear at an interview before an asylum officer 
    or failure to follow requirements for fingerprint processing.
    
        Failure to appear for a scheduled interview without prior 
    authorization may result in dismissal of the application or waiver of 
    the right to an interview. Failure to comply with fingerprint 
    processing requirements without good cause may result in dismissal of 
    the application or waiver of the right to an adjudication by an asylum 
    officer. Failure to appear shall be excused if the notice of the 
    interview or fingerprint appointment was not mailed to the applicant's 
    current address and such address had been provided to the Office of 
    International Affairs by the applicant prior to the date of mailing in 
    accordance with section 265 of the Act and regulations promulgated 
    thereunder, unless the asylum officer determines that the applicant 
    received reasonable notice of the interview or fingerprinting 
    appointment. Failure to appear at the interview or fingerprint 
    appointment will be excused if the applicant demonstrates that such 
    failure was the result of exceptional circumstances.
        12. Section 208.14 is amended by revising paragraph (b)(2), to read 
    as follows:
    
    
    Sec. 208.14  Approval, denial, or referral of application.
    
    * * * * *
        (b) * * *
        (2) If the alien appears to be deportable, excludable or removable 
    under section 240 of the Act, the asylum officer shall either grant 
    asylum or refer the application to an immigration judge for 
    adjudication in deportation, exclusion, or removal proceedings. An 
    asylum officer may refer such an application after an interview 
    conducted in accordance with Sec. 208.9, or if, in accordance with 
    Sec. 208.10, the applicant is deemed to have waived his or her right to 
    an interview or an adjudication by an asylum officer.
    * * * * *
    
    PART 209--ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED 
    ASYLUM
    
        12. The authority citation for part 209 continues to read as 
    follows:
    
        Authority: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252, 
    1282; 8 CFR part 2.
    
        13. Section 209.1 is amended by revising the third sentence of 
    paragraph (b), to read as follows:
    
    
    Sec. 209.1  Admission for permanent residence after 1 year.
    
    * * * * *
        (b) * * * If the refugee entrant has been physically present in the 
    United States for at least 1 year, Form G-325A, Biographic Information, 
    will be processed, and the refugee entrant shall be fingerprinted on 
    Form FD-258, Applicant Card, as prescribed in Sec. 103.2(e) of this 
    chapter. * * *
        14. Section 209.2 is amended by removing the second sentence of 
    paragraph (c), and adding two sentences in its place, to read as 
    follows:
    
    
    Sec. 209.2  Adjustment of status of alien granted asylum.
    
    * * * * *
        (c) * * * A separate application must be filed by each alien. If 
    the alien is 14 years of age or older, the application must be 
    accompanied by a completed Form G-325A, Biographic Information, and the 
    alien shall be fingerprinted on Form FD-258, Applicant Card, as
    
    [[Page 12987]]
    
    prescribed in Sec. 103.2(e) of this chapter. * * *
    * * * * *
    
    PART 244--TEMPORARY PROTECTED STATUS FOR NATIONAL OF DESIGNATED 
    STATES
    
        15. The authority citation for part 244 continues to read as 
    follows:
    
        Authority: 8 U.S.C. 1103, 1254, 1254a note, 8 CFR part 2.
    
        16. Section 244.6 is revised to read as follows:
    
    
    Sec. 244.6  Application.
    
        An application for Temporary Protected Status shall be made in 
    accordance with Sec. 103.2 of this chapter except as provided herein. 
    Each application must be filed with the filing and fingerprinting fees, 
    as provided in Sec. 103.7 of this chapter, by each individual seeking 
    temporary protected status, except that the filing fee for the Form I-
    765 will be charged only for those aliens who are nationals of El 
    Salvador, and are between the ages of 14 and 65 (inclusive), and are 
    requesting work authorization. Each application must consist of a 
    completed Form I-821, Application for temporary protected status, Form 
    I-765, Application for Employment Authorization, two identification 
    photographs (1\1/2\''  x  1\1/2\''), and supporting evidence as 
    provided in Sec. 240.9 of this chapter. Every applicant who is 14 years 
    of age or older shall be fingerprinted on Form FD-258, Applicant Card, 
    as prescribed in Sec. 103.2(e) of this chapter.
    
    PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR 
    PERMANENT RESIDENCE
    
        17. The authority citation for part 245 continues to read as 
    follows:
    
        Authority: 8 U.S.C. 1101, 1103, 1182, 1255; 8 CFR part 2.
    
        18. Section 245.7 is amended by revising paragraph (a), to read as 
    follows:
    
    
    Sec. 245.7  Adjustment of status of certain Soviet and Indochinese 
    parolees under the Foreign Operations Appropriations Act for Fiscal 
    Year 1990 (Pub. L. 101-167).
    
        (a) Application. Each person applying for benefits under section 
    599E of Public Law 101-167 (103 Stat. 1195, 1263) must file Form I-485, 
    Application to Register Permanent Residence or Adjust Status, with the 
    director having jurisdiction over the applicant's place of residence 
    and must pay the appropriate filing and fingerprinting fee, as 
    prescribed in Sec. 103.7 of this chapter. Each application shall be 
    accompanied by Form I-643, Health and Human Services Statistical Data 
    for Refugee/Asylee Adjusting Status, and the results of a medical 
    examination given in accordance with Sec. 245.8. In addition, if the 
    applicant has reached his or her 14th birthday but is not over 79 years 
    of age, the application shall be accompanied by a completed Form G-
    325A, Biographic Information, and the applicant shall be fingerprinted 
    on Form FD-258, Applicant Card, as prescribed in Sec. 103.2(e) of this 
    chapter.
    * * * * *
    
    PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED 
    STATES
    
        19. The authority citation for part 264 continues to read as 
    follows:
    
        Authority: 8 U.S.C. 1103, 1201, 1201a, 1301-1305.
    
        20. Section 264.2 is amended by:
        a. Removing and reserving paragraph (c)(1)(iii);
        b. Removing and reserving paragraph (c)(2)(iii);
        c. Removing the phrase ``, or his/her fingerprints on Form FD-258'' 
    from paragraph (c)(3);
        d. Redesignating paragraphs (d) through (h) as paragraphs (e) 
    through (i), respectively; and by
        e. Adding a new paragraph (d), to read as follows:
    
    
    Sec. 264.2  Application for creation of record of permanent residence.
    
    * * * * *
        (d) Fingerprinting. After filing an application, each applicant 14 
    years of age or older shall be fingerprinted on Form FD-258, Applicant 
    Card, as prescribed in Sec. 103.2(e) of this chapter.
    * * * * *
        21. Section 264.5 is amended by:
        a. Removing paragraph (e)(1)(v);
        b. Redesignating paragraphs (e)(3)(i) and (e)(3)(ii) as paragraphs 
    (e)(3)(ii) and (e)(3)(iii);
        c. Adding the word ``fingerprinting,'' immediately after the phrase 
    ``person filing,'' in newly redesignated paragraph (e)(3)(iii); and by
        d. Adding a new paragraph (e)(3)(i), to read as follows:
    
    
    Sec. 264.5  Application for a replacement Alien Registration Card.
    
    * * * * *
        (e) * * *
        (3) * * *
        (i) Fingerprinting. After filing an I-90 application, each 
    applicant shall be fingerprinted on Form FD-258, Applicant Card, as 
    prescribed in Sec. 103.2(e) of this chapter.
    * * * * *
    
    PART 299--IMMIGRATION FORMS
    
        2. The authority citation for part 299 continues to read as 
    follows:
    
        Authority: 8 U.S.C. 1101, 1103, 8 CFR part 2.
    
    
    Sec. 299.1  [Amended]
    
        23. Section 299.1 is amended in the table by removing the entries 
    for Form ``I-850'' and ``I-850A''.
    
    
    Sec. 299.5  [Amended]
    
        24. Section 299.5 is amended in the table by removing the entries 
    for Forms ``I-850'' and ``I-850A''.
    
    PART 316--GENERAL REQUIREMENTS FOR NATURALIZATION
    
        25. The authority citation for part 316 continues to read as 
    follows:
    
        Authority: 8 U.S.C. 1103, 1181, 1182, 1443, 1447; 8 CFR part 2.
    
        26. Section 316.4 is amended by:
        a. Adding the word ``and'' at the end of paragraph (a)(2);
        b. Removing paragraph (a)(3);
        c. Redesignating paragraph (a)(4) as paragraph (a)(3);
        d. Redesignating paragraph (b) as paragraph (c); and by
        e. Adding a new paragraph (b), to read as follows:
    
    
    Sec. 316.4  Application; documents.
    
    * * * * *
        (b) Each applicant who files Form N-400, Application for 
    Naturalization, shall be fingerprinted on Form FD-258, Applicant Card, 
    as prescribed in Sec. 103.2(e) of this chapter.
    * * * * *
    
    PART 332--NATURALIZATION ADMINISTRATION
    
        27. The authority citation for part 332 continues to read as 
    follows:
    
        Authority: 8 U.S.C. 1103, 1443, 1447.
    
    
    Sec. 332.2  [Amended]
    
        28. Section 332.2 is amended by:
        a. Removing the words ``and fingerprinting'' from the section 
    heading; and by
        b. Removing the phrase ``, fingerprinting services or both'' from 
    the end of the first sentence.
    
    PART 335--EXAMINATION ON APPLICATION FOR NATURALIZATION
    
        29. The authority citation for part 335 continues to read as 
    follows:
    
        Authority: 8 U.S.C. 1103, 1443, 1147.
    
        30. Section 335.2 is amended by:
        a. Redesignating paragraphs (b) through (e) as paragraphs (c) 
    through (f), respectively; and by
    
    [[Page 12988]]
    
        b. Adding a new paragraph (b), to read as follows:
    
    
    Sec. 335.2  Examination of applicant.
    
    * * * * *
        (b) Completion of criminal background checks before examination. 
    The Service will notify applicants for naturalization to appear before 
    a Service officer for initial examination on the naturalization 
    application only after the Service has received a definitive response 
    from the Federal Bureau of Investigation that a full criminal 
    background check of an applicant has been completed. A definitive 
    response that a full criminal background check on an applicant has been 
    completed includes:
        (1) Confirmation from the Federal Bureau of Investigation that an 
    applicant does not have an administrative or a criminal record;
        (2) Confirmation from the Federal Bureau of Investigation that an 
    applicant has an administrative or a criminal record; or
        (3) Confirmation from the Federal Bureau of Investigation that two 
    properly prepared fingerprint cards (Form FD-258) have been determined 
    unclassifiable for the purpose of conducting a criminal background 
    check and have been rejected.
    * * * * *
        Dated: March 10, 1998.
    Doris Meissner,
    Commissioner, Immigration, and Naturalization Service.
    [FR Doc. 98-6828 Filed 3-16-98; 8:45 am]
    BILLING CODE 4410-10-M
    
    
    

Document Information

Effective Date:
3/29/1998
Published:
03/17/1998
Department:
Immigration and Naturalization Service
Entry Type:
Rule
Action:
Interim rule with request for comments.
Document Number:
98-6828
Dates:
This interim rule is effective March 29, 1998.
Pages:
12979-12988 (10 pages)
Docket Numbers:
INS No. 1891-97
RINs:
1115-AF03: Fingerprinting Applicants and Petitioners for Immigration Benefits; Establishing a Fee for Fingerprinting by the Service
RIN Links:
https://www.federalregister.gov/regulations/1115-AF03/fingerprinting-applicants-and-petitioners-for-immigration-benefits-establishing-a-fee-for-fingerprin
PDF File:
98-6828.pdf
CFR: (19)
8 CFR 103.1
8 CFR 103.2
8 CFR 103.7
8 CFR 204.3
8 CFR 204.4
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