[Federal Register Volume 61, Number 212 (Thursday, October 31, 1996)]
[Rules and Regulations]
[Pages 56133-56134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27943]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Part 416
[Regulations No. 16]
RIN 0960-AD90
Evidence of Lawful Admission for Permanent Residence in the
United States (U.S.)
AGENCY: Social Security Administration (SSA).
ACTION: Final rule.
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SUMMARY: This final regulation sets forth the type of documentation
required for an alien to establish the status of lawfully admitted for
permanent residence for eligibility purposes under the Supplemental
Security Income (SSI) program. The Immigration and Naturalization
Service (INS), the Agency responsible for determining alien status and
issuing documents certifying alien status in the U.S., changed its
policy with regard to what constitutes definitive evidence of lawful
permanent resident alien status. In this final SSI regulation, we are
removing references to specific INS form numbers and substituting a
general reference to an Alien Registration Receipt Card issued under
current INS regulations. Thus, SSA's regulations will be broad enough
not only to be consistent with the new INS policy, but also to
accommodate future INS regulatory changes regarding
[[Page 56134]]
acceptable documentary evidence of lawful permanent resident alien
status. In the future, SSA will not have to revise its regulations to
conform to changes in INS policy unless the form name changes.
Historically, the form name has remained the same.
EFFECTIVE DATE: This regulation is effective December 2, 1996.
FOR FURTHER INFORMATION CONTACT: Lois Berg, Legal Assistant, Division
of Regulations and Rulings, Social Security Administration, 6401
Security Boulevard, Baltimore, MD 21235, (410) 965-1713. For
information on eligibility, claiming benefits, or coverage of earnings,
call our national toll-free number, 1-800-772-1213.
SUPPLEMENTARY INFORMATION: To be eligible for SSI benefits, an
individual must be either a citizen or national of the U.S. or a
qualified alien as defined in 8 U.S.C. 1641(b) and (c) who meets one of
the exceptions in 8 U.S.C. 1612(a)(2). Our regulation at
Sec. 416.1615(a)(1) sets forth the types of alien registration
documents issued by INS which constitute valid evidence of lawful
permanent residence status.
INS is responsible for determining alien status and issuing
documents certifying alien status within the U.S. INS does, when
necessary, revise its regulations specifying acceptable documentation
of alien status.
Aliens who are lawfully admitted for permanent residence and who
apply for SSI benefits are required to submit evidence of lawful
permanent residence status to be eligible for benefits. Such evidence
must be a valid document issued by INS under current INS policy.
On September 20, 1993, INS published a final rule at 58 FR 48775 to
terminate the validity of several older versions of the Alien
Registration Receipt Card and to establish the Alien Registration
Receipt Card, I-551, as the exclusive alien registration card for the
use of permanent resident aliens. This INS rule originally was to have
been effective on September 20, 1994. However, INS subsequently
published two final rules in the Federal Register (on September 14,
1994 at 59 FR 47063 and on March 17, 1995 at 60 FR 14353) to delay the
effective date of this rule. The rule became effective on March 20,
1996. As a result of the INS regulatory change, lawful permanent
resident aliens must have replaced previously issued obsolete forms,
such as the I-151, AR-3, AR-3a and AR-103, with the current Alien
Registration Receipt Card, Form I-551, by March 20, 1996.
SSA's current regulation on evidence of lawful permanent resident
status specifies the form numbers of all previously acceptable versions
of the INS Alien Registration Receipt Card. Thus, any INS policy which
changes acceptable documentation of alien status, such as the change
effective March 20, 1996, requires SSA to revise its regulation to
conform to those changes. We want to ensure that our regulation not
only reflects current INS policy on alien status documentation but is
broad enough to encompass changes INS might make in the future.
Therefore, in this final regulation, we are removing references in
Sec. 416.1615(a)(1) to specific INS form numbers which are obsolete as
of the effective date of INS' new regulatory change, and substituting a
single reference to the Alien Registration Receipt Card issued under
current INS regulations. As revised, our regulation simply indicates
that the individual must submit an Alien Registration Receipt Card
which is issued by INS in accordance with that Agency's current
regulations.
On August 30, 1995, we published a proposed rule in the Federal
Register at 60 FR 45110 and provided a 60-day period for interested
individuals to comment. We received no comments. We are, therefore,
publishing this final rule essentially unchanged.
Regulatory Procedures
Regulatory Flexibility Act
We certify that this final regulation will not have a significant
economic impact on a substantial number of small entities because it
only affects individuals who claim benefits under title XVI of the
Social Security Act. Therefore, a regulatory flexibility analysis as
provided in Public Law 96-354, the Regulatory Flexibility Act, is not
required.
Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that this final rule does not meet the criteria for a
significant regulatory action under Executive Order 12866. Thus, it was
not subject to OMB review.
Paperwork Reduction Act
This final regulation revises paragraph (a)(1) of Sec. 416.1615.
Section 416.1615 of the regulations contains reporting requirements. We
would normally seek approval of these requirements (under the Paperwork
Reduction Act) from OMB. We are not doing so because we already have
clearance from OMB to collect this information under OMB No. 0960-0451.
Public reporting burden for this collection of information is
estimated to average 5 minutes per response. This includes the time it
will take to read the instructions, gather the necessary facts, and
provide the information. We expect approximately 271,800 claimants will
be responding, and estimate the total burden to be 22,650 hours.
(Catalog of Federal Domestic Assistance Program No. 96.006,
Supplemental Security Income)
List of Subjects in 20 CFR Part 416
Administrative practice and procedure, Aged, Blind, Disability
benefits, Public assistance programs, Reporting and recordkeeping
requirements, Supplemental Security Income.
Dated: October 8, 1996.
Approved.
Shirley S. Chater,
Commissioner of Social Security.
For the reasons set forth in the preamble, subpart P of part 416 of
chapter III of title 20 of the Code of Federal Regulations is amended
as set forth below.
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart P--[Amended]
1. The authority citation for subpart P of part 416 continues to
read as follows:
Authority: Secs. 702(a)(5), 1614(a)(1)(B) and (e), and 1631 of
the Social Security Act (42 U.S.C. 902(a)(5), 1382c(a)(1)(B) and
(e), and 1383); 8 U.S.C. 1254a; sec. 502, Pub. L. 94-241, 90 Stat.
268 (48 U.S.C. 1681 note).
2. Section 416.1615 is amended by revising paragraph (a)(1) to read
as follows:
Sec. 416.1615 How to prove you are lawfully admitted for permanent
residence in the United States.
(a) * * *
(1) An Alien Registration Receipt Card issued by the Immigration
and Naturalization Service (INS) in accordance with that Agency's
current regulations;
* * * * *
[FR Doc. 96-27943 Filed 10-30-96; 8:45 am]
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