[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Rules and Regulations]
[Pages 30105-30109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14655]



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  Federal Register / Vol. 63, No. 106 / Wednesday, June 3, 1998 / Rules 
and Regulations  

[[Page 30105]]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 103 and 209

[INS No. 1829-96]
RIN 1115-AD73


Adjustment of Status of Refugees and Asylees: Processing Under 
Direct Mail Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule amends the Immigration and Naturalization 
Service (Service or INS) regulations regarding the filing and 
processing of applications by alien refugees and asylees to adjust 
their status to that of lawful permanent residents. This rule expands 
the Service's Direct Mail Program to require refugees and asylees to 
file their applications for adjustment of status directly with an INS 
service center for processing. This procedural change is designed to 
improve customer service to these applicants.

DATES: Effective date: This interim rule is effective July 6, 1998.

    Comment Date: Written comments must be submitted on or before 
August 3, 1998.
ADDRESSES: Please submit written comments, in triplicate, to the 
Director, Policy Directives and Instructions Branch, Immigration and 
Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC 
20563. To ensure proper handling, please reference INS No. 1829-96 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:
Gerard Casale, Staff Officer, Immigration and Naturalization Service, 
425 I Street, NW., Room 3214, Washington, DC 20536, Telephone: (202) 
514-5014, or Ronald E. Johnson, Center Adjudications Officer, 
California Service Center, Immigration and Naturalization Service, 
24000 Avila Road, Laguna Niguel, CA 92677, Telephone: (714) 360-2872.

SUPPLEMENTARY INFORMATION: 

Authority

    Section 209(b) of the Immigration and Nationality Act (Act) 
provides that refugees and asylees in the United States may be adjusted 
to the status of permanent residents.

Background

What Are the Current Procedures for the Adjustment of Refugees and 
Asylees to Permanent Resident Status?

A. Refugees
    The procedure by which refugees acquire permanent resident status 
is an inspection process divided into three stages, as follows:
    (1) A personal interview of each refugee applicant is conducted by 
an immigration officer outside the United States to determine 
eligibility for refugee status and admissibility to the United States. 
Each applicant is questioned under oath and signs a sworn statement 
concerning admissibility. A medical examination is performed, and 
security checks, when required, are conducted prior to travel to the 
United States. Remaining questions of identity, eligibility for refugee 
status, and admissibility to the United States are resolved at this 
time.
    (2) The applicant is admitted to the United States as a refugee.
    (3) Following a personnel appearance at a local Service office 1 
year after the date of admission to the United States, the refugee is 
inspected, interviewed, and adjusted to the status of a lawful 
permanent resident.
    Refugees are currently required to submit fingerprints and 
biographic forms which are processed prior to determining there 
admissibility to permanent resident status. The fingerprints are 
referred to the Federal Bureau of Investigation (FBI) and the 
biographic data circulated to the FBI and other agencies to determine 
if any information exists which would bar the applicant from permanent 
residence. Responses to these agency checks, positive or negative, must 
be received prior to admitting the refugee to permanent residence. Once 
the responses have been received, the inspection and examination 
interview is conducted (if the applicant has not already been 
interviewed prior to that receipt). Upon successful completion of the 
inspection and examination interview, the refugee applicant is granted 
lawful permanent residence in the United States.
B. Ayslees
    The adjustment process for asylee is similar to that for a refugee, 
with some exceptions. The process by which asylees acquire permanent 
resident status in the United States has two stages, as follows:
    (1) An alien in the United States applies for asylum, followed by 
an interview before an asylum officer or a hearing before an 
immigration judge. On the application and during the interview or 
hearing, the applicant must establish his or her eligibility for status 
as a refugee.
    (2) After 1 year since the grant of asylum, the asylee applies for 
permanent resident status by filing Form I-485, Application to Register 
Permanent Residence or Adjust Status, which the Service officer uses to 
determine the applicant's continuing eligibility for benefits under 
section 209(b) of the Act. Required fingerprints are generally 
collected and processed before the applicant appears for interview at a 
Service office, if an interview is required.

How Can the Service Improve and Streamline This Adjustment Process?

    Applications and petitions for immigration benefits, particularly 
those for adjustment of status and for naturalization, are being filed 
in record numbers. As a result, processing time for these applications 
has lengthened significantly. The processing of refugees and asylees 
for permanent residence consumes a large amount of resources. The 
Service believes that the refugee adjustment process will be improved 
by requiring applicants to submit the written information concerning 
themselves on a single prescribed form, the I-485, as asylees already 
do. Use of the Form I-485 will help to ensure a more orderly and 
efficient process of

[[Page 30106]]

their applications for permanent resident status; it will also enable 
the Service to track cases more effectively, respond more quickly to 
status inquires, and provide better overall service to these 
applicants.
    The Service also believes that the processing of refugee and asylee 
adjustment applications can be more efficiently managed at a 
centralized location through the Direct Mail Program. Under the Direct 
Mail Program, applicants for certain designated immigration benefits 
mail their applications or petitions directly to an INS service center 
for processing instead of submitting them to an INS local office. The 
Service is incrementally expanding the Direct Mail Program to include 
all applications and petitions, except where it is impracticable to do 
so. Expansion to Direct Mail is a key element in the Service's strategy 
to reduce processing times and improve customer service. It is also 
consistent with the Service's current adjustment of status interview 
policy, which encourages field personnel to focus resources on 
interviewing those cases in which in-person examinations are actually 
needed. The types of adjustment applications selected for the Direct 
Mail Program have been those with the lowest known fraud risk. However, 
as an indicator of adjudication quality, the statistical evidence of 
denial rates for adjustment cases currently being adjudicated by the 
service centers compares favorably with the overall denial rates for 
those adjudicated at district offices. Including applications for 
adjustment of status by refugees and asylees in the Direct Mail Program 
allows the Service to redirect resources to improve service at local 
offices while moving closer to the goal of full Direct Mail 
implementation.

What Does This Interim Rule do?

    This interim rule streamlines the processing of request for 
adjustment of status submitted by refugees and asylees to one 
centralized location. Under this rule, refugees or asylees are required 
to mail their Form I-485 applications for adjustment of status directly 
to the designated service center, at this time the Nebraska Service 
Center (NSC), for processing. It is believed that the initial filing 
and data entry for all refugee and asylee adjustment applications can 
best be accomplished at a single service center having the personnel, 
training, and technical resources to process them efficiently and 
consistently.
    Under this new Direct Mail procedure, the service center will 
evaluate each application and determine whether an interview is 
necessary. The Service may decide to adjudicate an application without 
an interview in cases where the evaluation does not indicate questions 
concerning the applicant's eligibility for adjustment of status. 
Service center adjudication officers are trained to refer to the local 
offices any application that appears to warrant an interview.
    The service center will refer to the local offices for interview 
and adjudication all cases indicating higher risk or complex issues, 
such as criminal charges, indications of fraud, changes in the country 
conditions upon which a refugee or asylees status was based, or asylees 
who had entered the United States without inspection. As an additional 
tool to monitor the integrity of the adjudications process and any 
emerging trends affecting the exercise of the Service's interview 
determination authority, the service center will refer to the local 
offices for interview a random sample of at least 2 percent of all 
other refugee an asylee adjustment applications. In all cases where a 
service center refers an adjustment application to a local office for 
adjudication, the receiving office will complete and return to the 
service center an interview referral processing worksheet, which will 
be reviewed as an indicator for any additional interview referral 
criteria that should be implemented. Those cases which are referred to 
district offices for interview will be adjudicated by the district 
directors of those offices.
    Other statutory references in Secs. 209.1 and 209.2 are being 
amended to reflect revised sections of the Act, as amended by the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(IIRIRA). Section 341 of IIRIRA amended section 212(a)(1)(A)(ii) of the 
Act regarding vaccination requirements for immigrants. The Centers for 
Disease Control have provided the designated civil surgeons with 
instructions regarding the vaccination assessment and the vaccination 
supplement. The Service has determined that these vaccination 
requirements do not apply to aliens seeking admission as refugees under 
section 207 of the Act, but that they do apply to refugees at the time 
of their application for adjustment to permanent resident status under 
section 209(a) of the Act, as well as to asylees applying for 
adjustment under section 209(b) of the Act.

What are the Changes in Refugee Adjustment Processing?

    Section 209(a) of the Act states that a refugee must be returned to 
the ``custody'' of the Service for inspection and examination. There is 
no comparable statutory requirement for asylees applying for adjustment 
of status. The ``custody'' requirement for refugees applying for 
adjustment of status can be met if the Service maintains sufficient 
control over the applicants to make a determination of their 
admissibility to the United States as immigrants and to institute 
removal procedures if they should be found to be inadmissible. 
Additionally, a procedure that requires refugees to apply for 
adjustment of status and gives the Service the authority to compel them 
to appear before an officer of the Service satisfies the requirements 
of the Act. Although the Service may require refugees seeking 
adjustment of status to be interviewed by an immigration officer, the 
Service does not have to interview each and every refugee.
    To facilitate the extension of the Direct Mail Program to include 
the adjustment of status of refugees, the Service is amending 
Sec. 209.1 to require the submission of a Form I-485, without fee to 
the Service. The application and accompanying documents will be 
reviewed to determine whether the applicant is admissible to the United 
States and otherwise eligible of permanent residence, has been 
physically present in the United States for at least 1 year, and has 
not already acquired permanent resident status on some other basis.
    In requiring refugees seeking permanent residence to submit a Form 
I-485, the Service constructively places them under its custodial 
control. At the same time, the direct filing of a Form I-485 with the 
service center enable the INS to exercise discretion in determining 
when an in-person interview with the applicant is necessary. With this 
streamlined process, the Service can enhance customer service and make 
more effective use of Service resources.
    Although this streamlined Direct Mail process requires refugee 
applicants for permanent residence to file a Form I-485, they will 
continue to be exempted from a filing fee. In refraining from charging 
this class of applicants the normal Form I-485 filing fee, the Service 
is following its established policy of assisting refugees in their 
settlement and assimilation into American society.
    The file of a refugee generally includes the original medical 
examination report issued by the panel physician prior to the 
applicant's entry into the United States. The regulations at 
Sec. 209.1(b) provide that a refugee is not required to repeat the 
entire medical examination if no medical grounds of inadmissibility 
arose during the initial

[[Page 30107]]

medical examination prior to entry. Such refugee applicants for 
adjustment of status under section 209(a) of the Act need only comply 
with the vaccination requirement, by submitting a vaccination 
supplement that has been completed by a designated civil surgeon. The 
Service is developing special procedures to address concerns about the 
difficulties encountered by some refugees in complying with the 
vaccination requirements.

What are the Changes in Asylee Adjustment Processing?

    To facilitate the extension of the Direct Mail Program to include 
applications for adjustment of status filed by asylees, the Service is 
amending Sec. 209.2 by replacing the phrase ``district director'' with 
``director'' wherever it appears. These changes permit the Service to 
assign adjudicative jurisdiction for asylum-based permanent residence 
applications to either district directors or service center directors.
    The Service is amending Sec. 209.2(c) to require filing of an 
asylum-based Form I-485 with the Service office identified in the 
instructions accompanying the Form I-485 (which at this time will be 
the NSC). This amendment allows the Service to more effectively and 
efficiently respond as its workload changes.
    Section 209.2(e) is being amended to allow the Service to review an 
application for asylum-based permanent residence and determine if a 
final decision on the application can be made without an interview. In 
this process, the officer will determine if there are facts or issues 
that need to be resolved in an interview, or whether the application 
meets other referral criteria developed by the Service. The application 
will be transferred to a local office for processing if it is 
determined that an interview with the applicant is necessary. If the 
local office discovers evidence of fraud in the original application 
for asylum, or determines that the applicant no longer qualifies as a 
refugee under section 101(a)(42) of the Act, the evidence will be 
referred to the Asylum Office having jurisdiction over the applicant's 
place of residence, for a determination whether asylee status is to be 
revoked. Once the Asylum Office has resolved the issues regarding 
revocation, the local office will complete its adjudication of the Form 
I-485 application.
    Medical examinations are not required from aliens who apply for 
asylum, because they are, by that time, already in the United States 
and not seeking admission. However, when asylees apply under section 
209(b) of the Act for admission to permanent resident status 1 year 
after having been granted asylum, they must submit the results of a 
full medical examination, completed by a designated civil surgeon in 
the United States, as provided in Sec. 209.2(d). This rule amends 
Sec. 209.2(d) to include the vaccination assessment requirement as part 
of the civil surgeon's examination report.

What Applications are Included in the Direct Mail Process for an 
Adjustment Application Filed by a Refugee or Asylee?

    As of June 3, 1998, the following applications must be mailed to 
the NSC (see section entitled ``Modification of filing instructions on 
relating forms'') instead of being filed with a local INS district 
office:
    (1) Form I-485, Application to Register Permanent Residence or 
Adjust Status (including adjustment applications submitted by eligible 
dependents of the principal applicant), if it is being filed on the 
basis of refugee status or an approved asylum application (Form I-589, 
Application for Asylum or for Withholding of Deportation);
    (2) Form I-643, Health and Human Services Statistical Data for 
Refugee/Asylee Adjusting Status;
    (3) Form I-131, Application for Travel Document, filed on the basis 
of a refugee or an asylum-based Form I-485; except that an applicant 
who is seeking advance parole authorization may file the Form I-131 
either at a service center or at a district office;
    (4) Form I-602, Application by Refugee for Waiver of Grounds of 
Excludability, filed on the basis of a refugee or asylum-based Form I-
485; and
    (5) Form I-765, Application for Employment Authorization, filed on 
the basis of status as a refugee or an asylee.

How Will Photographs and Fingerprints be Processed Under This Rule?

    A refugee or asylee applying to the NSC for adjustment of status 
must submit, as part of his or her Form I-485 application, the required 
photographs. After the application has been accepted for processing, 
the NSC will send those applicants who are required to be fingerprinted 
written instructions regarding the time and place for the taking of the 
prescribed set of Form FD-258 fingerprints. Applicants whose Form I-485 
applications have been approved will be instructed regarding the time 
and place for the execution of a Form I-89, Data Collection Card to 
capture the biometric data (photograph, index fingerprint, and 
signature) required for the production of their permanent resident 
card.
    The Service plans to restructure Form I-485 processing to eliminate 
the need for a separate Form I-89 card to capture the applicant's 
biometric alien registration card data. Until further notice, however, 
applicants whose Form I-485 applications have been approved must 
continue to make a personal appearance for the execution of the I-89 
data card. The Service will notify aliens involved in Form I-485 
processing under this Direct Mail Program, regarding when and where the 
Form I-89 card may be executed.

How May Refugee or Asylee Adjustment Applicants Apply for an Employment 
Authorization Document, Advance Parole, or a Waiver of Inadmissibility?

    An applicant for adjustment of status may apply concurrently to the 
NSC for the following:
    (1) An employment authorization document (EAD) by filing a Form I-
765, Application for Employment Authorization;
    (2) Advance parole authorization by filing Form I-131, Application 
for Travel Document; or
    (3) A waiver of exclusion grounds by filing Form I-602, Application 
by Refugee for Waiver on Grounds of Excludability.
    In the event that the NSC transfers an applicant's Form I-485 to a 
local district office for adjudication, the NSC will send the applicant 
a written notice of the transfer, with instructions that any subsequent 
application for related benefits based on the adjustment application 
(such as a Form I-602, Form I-765, or Form I-131) must be filed with 
the local office where the I-485 application is pending.

Will There be a Transition Period?

    During the first 60 days following the effective date of this rule, 
local Service offices that receive any of the applications designated 
in this rule for the Direct Mail Program must decide whether to 
continue to accept and process them locally, or to forward them, at no 
cost to the applicant or petitioner, to the Nebraska Service Center for 
adjudication. The local office's decision will be based on its 
assessment of pertinent factors such as whether the transition to 
Direct Mail will significantly delay EAD issuance, whether accepting 
the case is appropriate in light of current workloads, or other 
relevant circumstances. Applications forwarded to the NSC will be 
considered properly filed when received at the NSC with the proper 
signature and fee.

[[Page 30108]]

    Any application or petition designated for Direct Mail which is 
submitted to a local office after the expiration of this 60 day 
transition period will be returned to the applicant for proper filing 
with the NSC. The local office cannot assume responsibility for any 
applicant's failure to file a timely application or petition at the 
NSC.

How Will This Rule Change the Filing Instructions for Form-485 and 
Related Forms?

    The present edition of Form I-485 (Rev. 09-09-92) will be revised 
as soon as practicable to include instructions to refugees and asylees 
regarding adjustment procedures under this rule. In the meantime, the 
Supplementary Instructions accompanying the Form I-485 which are 
currently attached to all Forms I-485 distributed to the public will 
include the following additional information:
Fee
    1. Form I-485 base filing fee. If you are applying for permanent 
resident status as a Refugee under section 209(a) of the Immigration 
and Nationality Act (Act), you are not required to pay the filing fee.
Where to File
    2. Applications by Refugees and Asylees. If you are a refugee or an 
asylee applying for permanent residence under section 209 of the Act, 
you must mail your application on Form I-485 to the following address: 
Nebraska Service Center, P.O. Box 87485, Lincoln, NE 68501-7485.
    If along with your adjustment application you are filing a Form I-
131, Application for Travel Document, for the purpose of obtaining 
advance parole authorization, or a Form I-765, Application for 
Employment Authorization, or a Form I-602, Application by Refugee for 
Waiver on Grounds of Excludability, please follow the instructions 
which accompany those forms.

Good Cause Exemption

    The Service's implementation of this rule as an interim rule, with 
provisions for post-promulgation comments, is based upon the exception 
found at 5 U.S.C. 553(b)(B) and (d)(3). This rule imposes no 
substantive change in existing requirements, but rather adjusts the 
Service's procedures for implementing those requirements, in order to 
promote efficiency of adjudication and better service to the public.

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. This rule is primarily administrative in nature and 
merely updates existing procedures contained in Title 8 of the Code of 
Federal Regulations. This rule applies to individuals and has no 
economic effect on small entities.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any 1 year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined in section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100 million or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

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, 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 12988 Civil Justice Reform

    This interim rule meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of E.O. 12988.

Paperwork Reduction Act

    The information collection requirements contained in this rule have 
been approved for use by the Office of Management and Budget under the 
provisions of the Paperwork Reduction Act. The OMB control numbers for 
these collections are contained in Sec. 299.5, Display of control 
numbers.

List of Subjects

8 CFR Part 103

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of Information, Privacy, Reporting and 
recordkeeping requirements, Surety bonds.

8 CFR Part 209

    Aliens, Immigration, Refugees.

    Accordingly, chapter I of title 8 of the Code of Federal 
Regulations is amended as follows:

PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF 
SERVICE RECORDS

    1. The authority citation for part 103 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. 1101, 1103, 1201, 
1229, 1252 note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 
FR 14874, 15557, 3 CFR, 1982 Comp., p 166; 8 CFR part 2.

    2. In Sec. 103.7, paragraph (b)(1) is amended by revising the entry 
for ``Form I-485'' to read as follows:


Sec. 103.7   Fees.

* * * * *
    (b) * * *
    (1) * * *
* * * * *
    Form I-485. For filing application for permanent resident status 
or creation of a record of lawful permanent residence--$130 for an 
applicant 14 years of age or older; $100 for an applicant under the 
age of 14 years; no fee for an applicant filing as a refugee under 
section 209(a) of the Act.
* * * * *

PART 209--ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED 
ASYLUM

    3. The authority citation for part 209 continues to read as 
follows:


[[Page 30109]]


    Authority: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252, 
1282; 8 CFR part 2.

    4. Section 209.1 is revised to read as follows:


Sec. 209.1   Adjustment of status of refugees.

    The provisions of this section shall provide the sole and exclusive 
procedure for adjustment of status by a refugee admitted under section 
207 of the Act whose application is based on his or her refugee status.
    (a) Eligibility. (1) Every alien in the United States who is 
classified as a refugee under part 207 of this chapter, whose status 
has not been terminated, is required to apply to the Service 1 year 
after entry in order for the Service to determine his or her 
admissibility under section 212 of the Act.
    (2) Every alien processed by the Immigration and Naturalization 
Service abroad and paroled into the United States as a refugee after 
April 1, 1980, and before May 18, 1980, shall be considered as having 
entered the United States as a refugee under section 207(a) of the Act.
    (b) Application. Upon admission to the United States, every refugee 
entrant shall be notified of the requirement to submit an application 
for permanent residence 1 year after entry. An application for the 
benefits of section 209(a) of the Act shall be filed on Form I-485, 
without fee, with the director of the appropriate Service office 
identified in the instructions which accompany the Form I-485. A 
separate application must be filed by each alien. Every applicant who 
is 14 years of age or older must submit a completed Form G-325A 
(Biographical Information) with the Form I-485 application. Following 
submission of the Form I-485 application, a refugee entrant who is 14 
years of age or older will be required to execute a Form FD-258 
(Applicant Fingerprint Card) at such time and place as the Service will 
designate.
    (c) Medical examination. A refugee seeking adjustment of status 
under section 209(a) of the Act is not required to repeat the medical 
examination performed under Sec. 207.2(c), unless there were medical 
grounds of inadmissibility applicable at the time of admission. The 
refugee is, however, required to establish compliance with the 
vaccination requirements described under section 212(a)(1)(A)(ii) of 
the Act, by submitting with the adjustment of status application a 
vaccination supplement, completed by a designated civil surgeon in the 
United States.
    (d) Interview. The Service director having jurisdiction over the 
application will determine, on a case-by-case basis, whether an 
interview by an immigration officer is necessary to determine the 
applicant's admissibility for permanent resident status under this 
part.
    (e) Decision. The director will notify the applicant in writing of 
the decision of his or her application for admission to permanent 
residence. If the applicant is determined to be inadmissible or no 
longer a refugee, the director will deny the application and notify the 
applicant of the reasons for the denial. The director will, in the same 
denial notice, inform the applicant of his or her right to renew the 
request for permanent residence in removal proceedings under section 
240 of the Act. There is no appeal of the denial of an application by 
the director, but such denial will be without prejudice to the alien's 
right to renew the application in removal proceedings under part 240 of 
this chapter. If the applicant is found to be admissible for permanent 
residence under section 209(a) of the Act, the director will approve 
the application and admit the applicant for lawful permanent residence 
as of the date of the alien's arrival in the United States. An alien 
admitted for lawful permanent residence will be issued Form I-551, 
Alien Registration Receipt Card.


Sec. 209.2  [Amended]

    5. In Sec. 209.2, revise the term ``district director'' to read 
``director'' wherever it appears in the following places:
    a. Paragraph (a)(1) introductory text;
    b. Paragraph (a)(2);
    c. Paragraph (b); and
    d. Paragraph (f).
    6. Section 209.2 is further amended by:
    a. Revising paragraphs (c) and (d); and by
    b. Adding a sentence at the end of paragraph (e), to read as 
follows:


Sec. 209.2  Adjustments of status of alien granted asylum.

* * * * *
    (c) Application. An application for the benefits of section 209(b) 
of the Act may be filed on Form I-485, with the correct fee, with the 
director of the appropriate Service office identified in the 
instructions to the Form I-485. A separate application must be filed by 
each alien. Every applicant who is 14 years of age or older must submit 
a completed Form G-325A (Biographic Information) with the Form I-485 
application. Following submission of the Form I-485 application, every 
applicant who is 14 years of age or older will be required to execute a 
Form FD-258 (Applicant Fingerprint Card) at such time and place as the 
Service will designate. Except as provided in paragraph (a)(2) of this 
section, the application must also be supported by evidence that the 
applicant has been physically present in the United States for at least 
1 year. If an alien has been placed in deportation or exclusion 
proceedings, the application can be filed and considered only in 
proceedings under section 240 of the Act.
    (d) Medical examination. An alien seeking adjustment of status 
under section 209(b) of the Act 1 year following the grant of asylum 
under section 208 of the Act shall submit the results of a medical 
examination to determine whether any grounds of inadmissibility 
described under section 212(a)(1)(A) of the Act apply. Form I-693, 
Medical Examination of Aliens Seeking Adjustment of Status, and a 
vaccination supplement to determine compliance with the vaccination 
requirements described under section 212(a)(1)(A)(ii) of the Act must 
be completed by a designed civil surgeon in the United States and 
submitted at the time of application for adjustment of status.
    (e) * * * The Service director having jurisdiction over the 
application will determine, on a case-by-case basis, whether an 
interview by an immigration officer is necessary to determine the 
applicant's admissibility for permanent resident status under this 
part.
* * * * *


Sec. 209.2  [Amended]

    8. In Sec. 209.2, paragraph (f) is amended by revising the 
reference to ``parts 242 and 236'' to read ``part 240''.

    Dated: May 28, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-14655 Filed 6-2-98; 8:45 am]
BILLING CODE 4410-10-M