[Federal Register Volume 61, Number 39 (Tuesday, February 27, 1996)]
[Rules and Regulations]
[Pages 7206-7207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4338]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 204

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


Immigrant Petitions; Children of Widows or Widowers

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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

SUMMARY: This rule adopts without change an interim rule published in 
the Federal Register on July 31, 1995, by the Immigration and 
Naturalization Service (``the Service''), which amended the Service's 
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 rule was necessary to enhance family well-
being by promoting the family unity relationship between the child and 
his or her widowed mother or father.

EFFECTIVE DATE: This final rule is effective February 27, 1996.

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: On July 31, 1995, the Commissioner of the 
Immigration and Naturalization Service published in the Federal 
Register at 60 FR 38947-38948 an interim rule with request for 
comments. The rule implemented section 219(b) of the Immigration and 
Nationality Technical Corrections Act of 1994, Public Law 103-416, 
dated October 25, 1994. The rule enabled the child of a widow or 
widower 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. The rule enhanced family well-being 
by promoting the family relationship between the child and his or her 
widowed mother or father.
    The public was provided with a 60-day comment period which ended on 
September 29, 1995. No comments were received. Accordingly, the Service 
is adopting the interim rule as a final rule without change.

[[Page 7207]]


Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 
605(b)), the Commissioner of the Immigration and Naturalization 
Service, certifies that this rule will not have a significant economic 
impact on a substantial number of small entities. This rule merely 
adopts without change an interim rule which has been in effect since 
July 31, 1995.

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 relationships 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.
    This regulation will enhance family well-being by promoting the 
family unity relationship between the child and his or her mother or 
father.

List of Subjects in 8 CFR Part 204

    Administrative practice and procedure, Aliens, Immigration, 
Petitions.

    Accordingly, the interim rule amending 8 CFR part 204 which was 
published in the Federal Register on July 31, 1995, at 60 FR 38947-
38948 is adopted as a final rule without change.

    Dated: February 16, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-4338 Filed 2-26-96; 8:45 am]
BILLING CODE 4410-10-M