[Federal Register Volume 60, Number 146 (Monday, July 31, 1995)]
[Rules and Regulations]
[Pages 38947-38948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18677]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 146 / Monday, July 31, 1995 / Rules 
and Regulations  


[[Page 38947]]


DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 204

[INS No. 1690-95]
RIN 1115-AD91


Immigrant Petitions; Children of Widows or Widower

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This interim rule amends the Immigration and Naturalization 
Service (``the Service'') regulations by providing clarifying language 
and procedures for according immigrant status to children of widows or 
widowers who were not previously eligible for immigration benefits as 
derivative immediate relatives. This regulation will enhance family 
well-being by promoting the family unity relationship between the child 
and his or her widowed mother or father.

DATES: This rule is effective July 31, 1995. Written comments must be 
submitted on or before September 29, 1995.

ADDRESSES: Please submit written comments, in triplicate, to the 
Director, Policy Directives and Instructions, Immigration and 
Naturalization Service, 425 ``I'' Street NW., Room 5307, Washington, DC 
20536. To ensure proper handling, please reference INS No. 1690-95 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:
Ramonia Law-Hill, Senior Adjudications Officer, Adjudications Division, 
Immigration and Naturalization Service, 425 ``I'' Street NW., Room 
3214, Washington, DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION: Section 302(a)(2) of the Miscellaneous and 
Technical Amendments of 1991, Public Law 102-232, dated December 12, 
1991, amended the Immigration Act of 1990 and the Immigration and 
Nationality Act (the Act) so that certain widows and widowers of United 
States citizens would be considered to be immediate relatives and would 
be able to petition for themselves. This original language, however, 
did not extend to the children of widows and widowers. Section 219(b) 
of the Immigration and Nationality Technical Corrections Act of 1994 
(Technical Corrections Act), Public Law 103-416, dated October 25, 
1994, expanded the definition of the term ``immediate relative'' in 
section 201(b)(2)(A)(i) of the Act to include the child of an alien who 
qualifies as a widow or widower. Section 219(b) also amended section 
204(a)(1)(A) of the Act so that the child of a widow or widower could 
be included in the petition filed by the widow or widower. Before these 
changes, the child of a widow or widower would only be eligible to 
acquire immigrant status after the acquisition of immigrant status by 
the widow or widower, and after the approval of a petition filed by the 
widow or widower for classification of the child under section 
203(a)(2) of the Act. The changes in the Technical Corrections Act now 
enable the child to be included in the widow or widower's petition and 
to accompany or follow to join the widow or widower to the United 
States as a derivative immediate relative. Accordingly, this rule 
amends 8 CFR 204.2(b)(4) to reflect the changes to the Act. It should 
be noted that these derivative benefits do not extend to the unmarried 
or married sons or daughters of widows or widowers of United States 
citizens. This regulation reflects that exclusion.
    The Service's implementation of this rule as an interim rule, with 
provision for post-promulgation public comment, is based upon the 
``good cause'' exceptions found at 5 U.S.C. 533 (b)(B) and (d)(3). The 
reasons and the necessity for immediate implementation of this interim 
rule are as follows: The statutory provision addressed in this rule 
became effective October 25, 1994. It was clear that the Congressional 
intent was to implement this provision immediately and any further 
delay would be contrary to this intent. Moreover, this interim rule 
confers an immediate benefit upon eligible persons who otherwise would 
not be eligible for legal admission to the United States as permanent 
residents. Furthermore, this rule does not impose a penalty of any 
kind. It is imperative that this interim rule become effective upon 
publication so that those persons who are entitled to the benefit may 
apply accordingly.

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 merely confers a benefit upon eligible 
persons and does not impose a penalty of any kind.

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, section 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 regulation will not have a substantial direct effect 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 addressed this rule in light of the criteria in 
Executive Order 12606 and has determined that this regulation will 
enhance family well-being by promoting the family unity relationship 
between the child and his/her mother or father.

[[Page 38948]]


List of Subjects in 8 CFR Part 204

    Administrative practice and procedure, Aliens, Immigration, 
Petitions.

    Accordingly, part 204 of chapter I of title 8 of the Code of 
Federal Regulations is 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. 204.2 paragraph (b)(4) is revised to read as follows:


Sec. 204.2  Relative petitions.

* * * * *
    (b) * * *
    (4) Derivative beneficiaries. A child of an alien widow or widower 
classified as an immediate relative is eligible for derivative 
classification as an immediate relative. Such a child may be included 
in the principal alien's immediate relative visa petition, and may 
accompany or follow to join the principal alien to the United States. 
Derivative benefits do not extend to an unmarried or married son or 
daughter of an alien widow or widower.
* * * * *
    Dated: July 21, 1995.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 95-18677 Filed 7-28-95; 8:45 am]
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