[Federal Register Volume 66, Number 105 (Thursday, May 31, 2001)]
[Rules and Regulations]
[Pages 29449-29453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13642]



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  Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules 
and Regulations  

[[Page 29449]]



DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 241 and 245

[INS No. 2113-01, AG Order No. 2429-2001]
RIN 1115-AG05


Executive Office for Immigration Review; Adjustment of Status for 
Certain Nationals of Nicaragua, Cuba, and Haiti

AGENCY: Immigration and Naturalization Service, and Executive Office 
for Immigration Review, Justice.

ACTION: Interim rule with request for comments.

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

SUMMARY: This rule implements the changes that the Legal Immigration 
Family Equity Act (LIFE Act) and the LIFE Act Amendments made to 
section 202 of the Nicaraguan Adjustment and Central American Relief 
Act (NACARA) and section 902 of the Haitian Refugee Immigration 
Fairness Act of 1998 (HRIFA). The LIFE Act and its Amendments provide 
that eligible aliens who are nationals of Nicaragua, Cuba, or Haiti may 
apply for adjustment of status to that of lawful permanent resident 
under NACARA or HRIFA without being subject to certain barriers that 
existed prior to the enactment of the LIFE Act and its amendments. This 
rule amends the Department of Justice's (Department's) regulations by 
incorporating the waivers, exceptions, and motion to reopen provisions 
mandated by the LIFE Act and its amendments.

DATES: Effective date: This interim rule is effective May 31, 2001.
    Comment date: Written comments must be submitted on or before July 
30, 2001.

ADDRESSES: For matters relating to the Immigration and Naturalization 
Service, please submit written comments to the Director, Policy 
Directives and Instructions Branch, Immigration and Naturalization 
Service, 425 I Street, NW, Room 4034, Washington, DC 20536, or via fax 
to (202) 305-0143. To ensure proper handling please reference INS No. 
2113-01 on your correspondence. Comments are available for public 
inspection at the above address by calling (202) 514-3048 to arrange 
for an appointment. For matters relating to the Executive Office for 
Immigration Review (EOIR), submit written comments to Charles Adkins-
Blanch, General Counsel, Executive Office for Immigration Review, 5107 
Leesburg Pike, Suite 2400, Falls Church, Virginia 22041.

FOR FURTHER INFORMATION CONTACT: For matters relating to the Service, 
contact Kevin J. Cummings, Assistant Director, Residence and Status 
Branch, Office of Adjudications, Immigration and Naturalization 
Service, 425 I Street NW, Room 3214, Washington, DC 20536, telephone 
(202) 514-4754.
    For matters relating to EOIR, contact Charles Adkins-Blanch, 
General Counsel, Executive Office for Immigration Review, 5107 Leesburg 
Pike, Suite 2400, Falls Church, Virginia 22041, telephone (703) 305-
0470.

SUPPLEMENTARY INFORMATION:

What Is the Purpose of This Interim Regulation?

    On December 21, 2000, President Clinton signed into law the Legal 
Immigration Family Equity Act (LIFE Act), Title XI of H.R. 5548 enacted 
by reference in Public Law 106-553, and the LIFE Act Amendments of 
2000, Title XV of H.R. 5666 enacted by reference in Public Law 106-554. 
Section 1505 of the LIFE Act Amendments makes technical corrections to 
NACARA and HRIFA to provide that the reinstatement of removal orders 
under section 241(a)(5) of the Immigration and Nationality Act (Act) no 
longer applies to applicants for benefits under NACARA and HRIFA, and 
that the grounds of inadmissibility under sections 212(a)(9)(A) and 
212(a)(9)(C) of the Act may be waived for aliens applying for 
adjustment under section 202 of NACARA and section 902 of HRIFA. The 
purpose of this interim rule is to make existing Department regulations 
conform to these new laws.

Why Were NACARA Section 202 and HRIFA Amended?

    Applicants for adjustment of status under NACARA and HRIFA were 
originally subject to the reinstatement provisions of section 241(a)(5) 
of the Act. An alien subject to reinstatement of a removal order is not 
eligible for any relief under the Act, including waivers of any ground 
of inadmissibility necessary to establish eligibility for NACARA 202 or 
HRIFA adjustment. In addition, were such applicants found to be 
inadmissible under sections 212(a)(9)(A) or (C) of the Act, they would 
have been required to seek consent to reapply from the Attorney General 
in order to qualify for an exception to these grounds of 
inadmissibility. Because a significant number of otherwise eligible 
aliens were believed to be ineligible for adjustment of status under 
NACARA or HRIFA because of these statutory restrictions, Congress 
enacted the LIFE Act and its amendments to ameliorate this problem.

What Does This Interim Rule Change?

    In accordance with the LIFE Act and the LIFE Act Amendments, the 
Department is amending its regulation to reflect that the grounds of 
inadmissibility under sections 212(a)(9)(A) and 212(a)(9)(C) of the Act 
may now be waived for applicants for adjustment of status under NACARA 
and HRIFA, and that section 241(a)(5) of the Act no longer applies to 
such applicants.
    Sections 212(a)(9)(A) and 212(a)(9)(C) of the Act are grounds of 
inadmissibility relating to aliens previously removed and aliens who 
are unlawfully present in the United States after previous immigration 
violations, respectively. Section 212(a)(9)(A)(ii) of the Act provides 
that an alien who has been previously deported or removed, or who has 
departed the United States voluntarily while under an outstanding order 
of deportation or removal, is inadmissible for at least 10 years; 
section 212(a)(9)(A)(iii) of the Act provides that the Attorney General 
may authorize exceptions. Section 212(a)(9)(C) of the Act provides that 
an alien is inadmissible if he or she enters or attempts to enter 
without being admitted (without inspection) on or after April 1, 1997, 
following an order of deportation or removal, or if he or she enters or 
attempts to enter without being

[[Page 29450]]

admitted (without inspection) following an aggregate unlawful presence 
of more than 1 year on or after April 2, 1998. The Attorney General may 
authorize exceptions under section 212(a)(9)(C)(ii) of the Act. An 
alien who is inadmissible for the applicable period set forth in 
sections 212(a)(9)(A) or (C) of the Act is ineligible for adjustment of 
status unless he or she first obtains the Attorney General's consent to 
reapply for admission under the exception provisions of section 212 of 
the Act. The exception to inadmissibility under either section 
212(a)(9)(A)(iii) or (C)(ii) of the Act may be obtained if the Attorney 
General has given consent to the alien to reapply for admission during 
the applicable period.
    Section 241(a)(5) of the Act provides for the reinstatement of a 
removal order against any alien who illegally re-enters the United 
States after having been removed or after having departed voluntarily 
under an order of removal. It also bars any alien whose removal order 
has been reinstated from receiving any relief under the Act, including 
any waivers of grounds of inadmissibility necessary for the grant of 
adjustment of status.
    This interim rule amends the Department's regulations at 8 CFR 
245.13(a)(3) to clarify that section 241(a)(5) of the Act does not 
apply to applicants for adjustment of status under NACARA and HRIFA. 
Additionally, this interim rule amends 8 CFR 245.13 and 245.15 to 
establish special procedures to enable such applicants to seek waivers 
of sections 212(a)(9) (A) and (C) grounds of inadmissibility.

What Are the Section 212(a)(9)(A) and (C) Waiver Procedures?

    The provisions of LIFE allow that an alien's inadmissibility under 
section 212(a)(9)(A) and section 212(a)(9)(C) of the Act may now be 
waived in NACARA 202 and HRIFA cases. While an otherwise inadmissible 
NACARA 202 or HRIFA adjustment applicant no longer has to obtain the 
consent of the Attorney General to reapply for admission, the LIFE Act 
amendments provide that in granting a waiver of these grounds of 
inadmissibility to NACARA 202 or HRIFA adjustment applicants, the 
Attorney General shall use the ``standards'' utilized in granting 
consent to reapply under sections 212(a)(9)(A)(iii) and (C)(ii) of the 
Act. This interim regulation provides that NACARA 202 and HRIFA 
applicants may apply for a waiver of any ground described in section 
212(a)(9)(A) or (C) of the Act by filing a Form I-601, Application for 
Waiver of Ground of Excludability, with the required fee, unless that 
fee has been waived. NACARA 202 and HRIFA applicants may apply for a 
waiver of these grounds of inadmissibility while present in the United 
States and without regard to the normal requirement of filing a Form I-
212, Application for Permission to Reapply for Admission into the 
United States After Deportation or Removal.

Can a NACARA or HRIFA Adjustment Applicant Whose Case Was 
Previously Denied by the Service or Who Never Applied for This 
Relief File a Motion To Reopen?

    An alien who is now eligible for adjustment of status under NACARA 
202 or HRIFA as a result of the LIFE Act Amendments and whose 
application for adjustment of status under NACARA 202 or HRIFA has been 
denied by the Service may file a Motion to Reopen his or her case 
before the Service if:
    (1) The Service has not issued a Notice to Appear (Form I-862), a 
Notice of Referral to Immigration Judge (Form I-863), or a Notice of 
Certification (Form I-290C) placing the alien in proceedings that are 
currently pending before the immigration judge; and
    (2) The alien pays the filing fee for a motion to reopen set forth 
in 8 CFR 103.7(b)(1) or is granted a waiver of such fee in accordance 
with 8 CFR 103.7(c).
    Also, an alien who was in proceedings and who has been made 
eligible for adjustment of status under the LIFE Act Amendments to 
NACARA or HRIFA, but who did not apply for such adjustment by the 
statutory deadline of March 31, 2000, or whose proceedings before EOIR 
resulted in a final order following a denial by the Service or EOIR of 
an application for adjustment of status under NACARA or HRIFA, may seek 
to reopen his or her removal proceedings before the Immigration Court 
or the Board of Immigration Appeals, as appropriate, for the sole 
purpose of applying for NACARA 202 or HRIFA adjustment. The alien must 
file such a motion to reopen on or before June 19, 2001.

What if an Alien Did Not Apply for Adjustment of Status and Was 
Never Placed in Exclusion, Deportation, or Removal Proceedings by 
the Service?

    This rule does not apply to them. The legislation passed by 
Congress only applies to those aliens who are subject to final orders 
of deportation, exclusion, or removal and who applied for adjustment of 
status under NACARA 202 or HRIFA by the statutory deadline of March 31, 
2000. The motion to reopen provisions of this rule only apply to aliens 
who would be subject to a reinstatement of a previous removal order 
under section 241(a)(5) of the Act, and/or who are inadmissible under 
section 212(a)(9)(A) or 212(a)(9)(C) of the Act. It should be noted 
that aliens who are subject to 212(a)(9)(C)(i)(I) but who have not 
previously applied for adjustment of status before March 31, 2000, are 
ineligible for the motion to reopen provisions of this rule.

What Happens if an Alien Is Presently in Exclusion, Deportation, or 
Removal Proceedings?

    Persons who are presently in proceedings before the Immigration 
Court or the Board and are pursuing a timely filed application for 
adjustment of status under NACARA 202 or HRIFA will remain within the 
jurisdiction of EOIR. Such pending applications shall be adjudicated by 
the Immigration Court or the Board in accordance with the LIFE Act 
Amendments to NACARA 202 or HRIFA, as appropriate.

Under What Circumstances May an Alien Whose Proceedings Before the 
Immigration Court or the Board of Immigration Appeals Have Been 
Reopened in Accordance With the LIFE Act Amendments to NACARA 202 
and HRIFA Apply for Adjustment of Status Before the Service?

    An alien who is granted a motion to reopen under the LIFE Act 
Amendments to NACARA 202 or HRIFA by an Immigration Court or the Board 
may move to have the proceedings administratively closed for the 
purpose of filing with the Service an application for adjustment of 
status under NACARA 202 or HRIFA as amended by the LIFE Act Amendments. 
If the Service concurs in such a motion, the Immigration Court or the 
Board, as appropriate, may administratively close the proceedings for 
that purpose.

Good Cause Exception

    The Department's implementation of this interim rule upon 
publication in the Federal Register with a post-promulgation period of 
public comments is based upon the ``good cause'' exception found at 5 
U.S.C. 553(b)(B) and (d)(3). The reason and necessity for immediate 
implementation is because the LIFE Act and its amendments became 
effective immediately upon enactment on December 21, 2000. Because the 
law became effective upon enactment, aliens who may otherwise be 
ineligible for adjustment became eligible immediately. This regulation 
eliminates existing bars to HRIFA and NACARA 202 benefits by 
implementing statutorily

[[Page 29451]]

mandated waiver, exception, and motion to reopen provisions set forth 
in section 1505 of the LIFE Act amendments, which was included in the 
Consolidated Appropriations Act for 2001, Public Law 106-554. 
Publication of this interim rule with an immediate effective date will 
allow affected aliens to have their cases processed expeditiously.
    As noted previously, an alien subject to a final order of 
exclusion, deportation, or removal who has been made eligible for 
adjustment of status under the LIFE Act Amendments to NACARA or HRIFA, 
but who did not apply for such adjustment by the statutory deadline of 
March 31, 2000, may seek to reopen his or her removal proceedings 
before the Immigration Court or the Board of Immigration Appeals, as 
appropriate, to apply for NACARA 202 or HRIFA adjustment. Such an alien 
must file his or her motion to reopen on or before June 19, 2001. 
Issuance of a proposed rule at this time would delay a final rule for 
several weeks, thereby denying such aliens an opportunity to file a 
motion to reopen before the statutory deadline. In light of all the 
foregoing, the Department finds that it would be unnecessary and 
contrary to the public interest to adopt this rule with the prior 
notice and comment period normally required under 5 U.S.C. 553(b).

Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), 
the Attorney General has reviewed this rule and, by approving it, 
certifies that this rule will not have a significant economic impact 
upon a substantial number of small entities. This rule applies to 
individual aliens who wish to apply for adjustment of status under 
NACARA or HRIFA. It does not have an effect on small entities as that 
term is defined in 5 U.S.C. 601(6).

Executive Order 12866: Regulatory Planning and Review

    This rule is considered by the Department of Justice to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review. Accordingly, this regulation has 
been submitted to the Office of Management and Budget for review.

Executive Order 13132: Federalism

    This rule 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 section 6 of 
Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Act of 1996, 5 U.S.C. 804. 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 12988: Civil Justice Reform

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

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any 1 year, and 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.

Paperwork Reduction Act

    There are no new information collection requirements in this rule. 
Forms I-212 and I-601 have previously been approved for use by the 
Office of Management and Budget under the Paperwork Reduction Act. The 
OMB control numbers for these collections are contained in 8 CFR 299.5, 
Display of control numbers.

List of Subjects

8 CFR Part 241

    Aliens.

8 CFR Part 245

    Aliens, Immigration, Reporting and recordkeeping requirements.

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

PART 241--APPREHENSION AND DETENTION OF ALIENS ORDERED REMOVED

    1. The authority citation for part 241 is revised to read as 
follows:

    Authority: 8 U.S.C. 1103, 1223, 1227, 1253, 1255, and 1330; 8 
CFR part 2.

    2. Section 241.8 is amended by:
    a. Redesignating paragraphs (d) and (e) as paragraphs (e) and (f), 
respectively, and by
    b. Adding a new paragraph (d), to read as follows:


Sec. 241.8  Reinstatement of removal orders.

* * * * *
    (d) Exception for applicants for benefits under section 902 of 
HRIFA or sections 202 or 203 of NACARA. If an alien who is otherwise 
subject to this section has applied for adjustment of status under 
either section 902 of Division A of Public Law 105-277, the Haitian 
Refugee Immigrant Fairness Act of 1998 (HRIFA), or section 202 of Pubic 
Law 105-100, the Nicaraguan Adjustment and Central American Relief Act 
(NACARA), the provisions of section 241(a)(5) of the Immigration and 
Nationality Act shall not apply. The immigration officer may not 
reinstate the prior order in accordance with this section unless and 
until a final decision to deny the application for adjustment has been 
made. If the application for adjustment of status is granted, the prior 
order shall be rendered moot.
* * * * *

PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR 
PERMANENT RESIDENCE

    3. The authority citation for part 245 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub. L. 
105-100, 111 Stat. 2160, 2193; sec. 902, Pub. L. 105-277, 112 Stat. 
2681-538; 8 CFR part 2.


    4. Section 245.13 is amended by:
    a. Adding the words ``as amended and without regard to section 
241(a)(5) of the Act,'' immediately after ``Pub. L. 105-100,'' in the 
introductory text in paragraph (a);
    b. Designating existing text in paragraph (c) as paragraph (c)(1);
    c. Adding a heading for paragraph (c)(1);
    d. Adding a new paragraph (c)(2);
    e. Revising the heading for paragraph (d);
    f. Designating existing text in paragraph (d)(4) as paragraph 
(d)(4)(i);
    g. Adding a new paragraph (d)(4)(ii);
    h. Revising paragraph (m);
    i. Removing the word ``or'' at the end of paragraph (n)(3)(i);

[[Page 29452]]

    j. Removing the period at the end of paragraph (n)(3)(ii) and 
inserting ``; or'' in its place; and
    h. Adding a new paragraph (n)(3)(iii).
    The revisions and additions read as follows:


Sec. 245.13  Adjustment of status of certain nationals of Nicaragua and 
Cuba under Public Law 105-100.

* * * * *
    (c) * * *
    (1) General. * * *
    (2) Special rule for waiver of inadmissibility grounds for NACARA 
applicants under section 212(a)(9)(A) and 212(a)(9)(C) of the Act. An 
applicant for adjustment of status under section 202 of Public Law 105-
100 who is inadmissible under section 212(a)(9)(A) or 212(a)(9)(C) of 
the Act, may apply for a waiver of these grounds of inadmissibility 
while present in the United States. Such an alien must file a Form I-
601, Application for Waiver of Grounds of Excludability, with the 
director of the Texas Service Center if the application for adjustment 
is pending at that office, with the district director having 
jurisdiction over the application if the application for adjustment is 
pending at a district office, with the Immigration Judge having 
jurisdiction if the application for adjustment is pending before the 
Immigration Court, or with the Board of Immigration Appeals if the 
appeal is pending before the Board.
* * * * *
    (d) General. * * *
    (4) * * *
    (ii) An alien may file a motion to reopen with the Immigration 
Court or the Board of Immigration Appeals, whichever had jurisdiction 
last, if the alien is present in the United States and subject to a 
final order of exclusion, deportation, or removal and has been denied 
adjustment of status under section 202 of NACARA by an Immigration 
Court or the Board or who never applied for adjustment of status on or 
before March 31, 2000, with either the Service, the Immigration Court 
or the Board, and who is now eligible for adjustment as a result of 
section 1505(a)(1) of the Legal Immigration Family Equity Act of 2000 
(LIFE) and the LIFE amendments, Public Law 106-553 and Public Law 106-
554, respectively. As provided by Sec. 1505(a)(2) of the LIFE Act and 
its amendments, such a motion to reopen must be filed on or before June 
19, 2001.
* * * * *
    (m) Denial and review of decision.
    (1) If the director denies the application for adjustment of status 
under the provisions of section 202 of Public Law 105-100, the director 
shall notify the applicant of the decision. The director shall also:
    (i) In the case of an alien who is not maintaining valid 
nonimmigrant status and who had not previously been placed in 
exclusion, deportation or removal proceedings, initiate removal 
proceedings in accordance with Sec. 239.1 of this chapter during which 
the alien may renew his or her application for adjustment of status 
under section 202 of Public Law 105-100; or
    (ii) In the case of an alien whose previously initiated exclusion, 
deportation, or removal proceedings had been administratively closed or 
continued indefinitely under paragraph (d)(3) of this section, advise 
the Immigration Court that had administratively closed the proceedings, 
or the Board, as appropriate, of the denial of the application. Upon a 
motion to recalendar filed by the Service, the Immigration Court or the 
Board will then recalendar or reinstate the prior exclusion, 
deportation or removal proceedings, during which the alien may renew 
his or her application for adjustment under section 202 of Public Law 
105-100; or
    (iii) In the case of an alien who is the subject of an outstanding 
final order of exclusion, deportation, or removal, refer the decision 
to deny the application by filing a Form I-290C, Notice of 
Certification, with the Immigration Court that issued the final order 
for consideration in accordance with paragraph (n) of this section.
    (2) Aliens who were denied adjustment of status by the director, 
but who are now eligible for such adjustment of status pursuant to 
section 1505(a)(1) of the LIFE Act and amendments, and have not been 
referred to immigration proceedings as specified in paragraph (m)(1) of 
this section may file a motion to reopen with the Service. If an alien 
has been referred to the Immigration Court or has filed an appeal with 
the Board after an Immigration Court has denied the application for 
adjustment under NACARA section 202, and proceedings are pending, then 
the application for adjustment of status will be adjudicated in 
accordance with section 1505(a) of the LIFE Act and its amendments. An 
alien present in the United States subject to a final order of removal 
after his or her application was denied by an Immigration Court or the 
Board, but who was made eligible for adjustment pursuant to section 
1505(a) of the LIFE Act and its amendments may file a motion to reopen 
with the Immigration Court or the Board, whichever had jurisdiction 
last. Pursuant to section 1505(a)(2) of the LIFE Act and its 
amendments, motions to reopen proceedings before the Immigration Court 
or the Board must be filed on or before June 19, 2001.
    (n) * * *
    (3) * * *
    (iii) Upon a motion to reopen filed not later than June 19, 2001, 
by an alien present in the United States who became eligible for 
adjustment of status under section 202 of Public Law 105-100, as 
amended by section 1505, Public Law 106-554.
* * * * *

    5. Section 245.15 is amended by:
    a. Revising the sentence in the introductory text in paragraph (b);
    b. Adding a new paragraph (e)(3);
    c. Redesignating paragraphs (g)(3)(i) and (g)(3)(ii) as paragraphs 
(g)(3)(iii) and (g)(3)(iv), respectively;
    d. Redesignating the introductory text of paragraph (g)(3) as 
paragraph (g)(3)(i);
    e. Adding new paragraph (g)(3)(ii);
    f. Designating existing text in paragraph (r)(1) as paragraph 
(r)(1)(i);
    g. Adding a new paragraph (r)(1)(ii);
    h. Adding a new paragraph (r)(4);
    i. Removing the word ``or'' at the end of paragraph (s)(4)(i);
    j. Removing the period at the end of paragraph (s)(4)(ii), and 
inserting a ``; or'' in its place; and by
    k. Adding a new paragraph (s)(4)(iii).
    The revisions and additions read as follows:


Sec. 245.15  Adjustment of status of certain Haitian nationals under 
the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA).

* * * * *
    (b) * * * Section 902 of Division A of Public Law 105-277, the 
Haitian Refugee Immigrant Fairness Act of 1998 (HRIFA), provides 
special rules for adjustment of status for certain nationals of Haiti, 
and without regard to section 241(a)(5) of the Act, if they meet the 
other requirements of HRIFA.
* * * * *
    (e) * * *
    (3) Special rule for waiver of inadmissibility grounds for HRIFA 
applicants under section 212(a)(9)(A) and 212(a)(9)(C) of the Act. An 
applicant for adjustment of status under HRIFA who is inadmissible 
under section 212(a)(9)(A) or 212(a)(9)(C) of the Act, may apply for a 
waiver of these grounds of inadmissibility while present in the United 
States. Such an alien must file Form I-601, Application for Waiver of 
Grounds of Excludability. If the application for adjustment is pending 
at the Nebraska Service Center, Form I-601 must be filed with the 
director of that office. If the application for

[[Page 29453]]

adjustment is pending at a district office, Form I-601 must be filed 
with the district director having jurisdiction over the application. If 
the application for adjustment is pending before the immigration court, 
Form I-601 must be filed with the immigration judge having 
jurisdiction, or with the Board of Immigration Appeals if the appeal is 
pending before the Board.
* * * * *
    (g) * * *
    (3) * * *
    (ii) An alien present in the United States who is subject to a 
final order of exclusion, deportation, or removal and has been denied 
adjustment of status under section 902 of HRIFA by the Immigration 
Court or the Board, or who never applied for adjustment of status with 
the Service, an Immigration Court, or the Board on or before March 31, 
2000, and who was made eligible for HRIFA benefits under the Legal 
Immigration Family Equity Act of 2000 (LIFE Act) and LIFE amendments, 
Public Law 106-553 and Public Law 106-554, respectively, may file a 
motion to reopen with either the Immigration Court or the Board, 
whichever had jurisdiction last. As provided by the LIFE Act, motions 
to reopen must be filed on or before June 19, 2001.
* * * * *
    (r) * * *
    (1) * * *
    (ii) An alien made eligible for adjustment of status under HRIFA by 
the LIFE Act amendments and whose case has not been referred to EOIR 
under paragraphs (r)(2) or (r)(3) of this section, may file a motion to 
reopen with the Service.
* * * * *
    (4)(i) An alien whose case has been referred to the Immigration 
Court under paragraphs (r)(2) or (r)(3) of this section, or who filed 
an appeal with the Board after his or her application for adjustment of 
status under section 902 of HRIFA was denied, and whose proceedings are 
pending, and who is now eligible for adjustment of status under HRIFA 
as amended by section 1505(b) of the LIFE Act and its amendments, may 
renew the application for adjustment of status with either the 
Immigration Court or the Board, whichever has jurisdiction. The 
application will be adjudicated in accordance with section 1505(b) of 
the LIFE Act and its amendments.
    (ii) An alien present in the United States who is subject to a 
final order of exclusion, deportation or removal after his or her HRIFA 
adjustment application was denied by an Immigration Court or the Board, 
but who was made eligible for HRIFA adjustment as a result of section 
1505(b) of the LIFE Act and its amendments, may file a motion to reopen 
with either the Immigration Court or the Board, whichever had 
jurisdiction last. Such motion to reopen must be filed on or before 
June 19, 2001.
    (s) * * *
    (4) * * *
    (iii) Upon a motion to reopen filed not later than June 19, 2001, 
by an alien present in the United States who became eligible for 
adjustment of status under HRIFA, as amended by section 1505, of Public 
Law 106-554.
* * * * *

    Dated: May 24, 2001.
Larry D. Thompson,
Acting Attorney General.
[FR Doc. 01-13642 Filed 5-30-01; 8:45 am]
BILLING CODE 4410-10-P