[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]
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