[Federal Register Volume 59, Number 7 (Tuesday, January 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-540]


[[Page Unknown]]

[Federal Register: January 11, 1994]


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DEPARTMENT OF JUSTICE
8 CFR Part 245a

[INS No. 1618-93]
RIN 1115-AD44

 

Determination of Public Charges for Legalization Benefits, 
Amendment

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This rule amends the regulations of the Immigration and 
Naturalization Service (Service) relating to applications for lawful 
temporary residence under section 245A of the Immigration and 
Nationality Act. Specifically, this rule amends the special rule for 
determination of public charge to provide that aliens who are self-
supporting despite earning income below the poverty level may be 
admissible without having to apply for a waiver of inadmissibility 
under 8 CFR 245a.2(k) (2).

EFFECTIVE DATE: January 11, 1994.

FOR FURTHER INFORMATION CONTACT: Jane Gomez, Senior Immigration 
Examiner, Immigration and Naturalization Service, room 7223, 425 I 
Street, NW., Washington, DC 20536, Telephone: (202) 514-5014.

SUPPLEMENTARY INFORMATION: On August 27, 1993, the Immigration and 
Naturalization Service published in the Federal Register at 58 FR 
45235-45236, an interim rule with request for comments to amend 8 CFR 
part 245a. The interim rule was issued to remove language that had been 
inadvertently added in a previous final rule which was published in the 
Federal Register on July 12, 1989, at 54 FR 29449. Specifically, the 
interim rule clarified that persons described in the special rule for 
determination of public charge are in fact admissible without having to 
apply for a waiver of inadmissibility. The Service received two 
comments on the interim rule, both of which viewed the amendment 
favorably, noting that the amendment brought the regulation in 
conformity with section 245A of the Immigration and Nationality Act.
    In accordance with 5 U.S.C. 605(b), the Commissioner certifies that 
this rule will not have a significant adverse economic impact on a 
substantial number of small entities. This rule provides a benefit for 
individual aliens. It does not affect small entities. This rule is not 
significant within the meaning of section 3(f) of Executive Order 
12866, nor does this rule have Federalism implications warranting the 
preparation of a Federalism Assessment in accordance with Executive 
Order 12612.

List of Subjects in 8 CFR Part 245a

    Administrative practice and procedure, Aliens, Immigration, 
Reporting and recordkeeping requirements.

    Accordingly, the interim rule amending part 245a of chapter I of 
title 8 of the Code of Federal Regulations which was published at 58 FR 
45235-45236 on August 27, 1993, is adopted as a final rule without 
change.

    Dated: Decmeber 30, 1993.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 94-540 Filed 1-10-94; 8:45 am]
BILLING CODE 4410-10-M