[Federal Register Volume 66, Number 174 (Friday, September 7, 2001)]
[Rules and Regulations]
[Pages 46697-46705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22151]



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  Federal Register / Vol. 66, No. 174 / Friday, September 7, 2001 / 
Rules and Regulations  

[[Page 46697]]



DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 214, 245, 248, 274a, and 299

[INS No. 2117-01; AG Order No. 2502-2001]
RIN 1115-AG08


V Nonimmigrant Classification; Spouses and Children of Lawful 
Permanent Residents

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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

SUMMARY: This rule implements a new V nonimmigrant classification for 
certain spouses and children of lawful permanent resident aliens that 
was added by section 1102 of the Legal Immigration Family Equity Act 
(LIFE) of 2000, Public Law 106-553, effective on December 21, 2000. To 
be eligible for this new nonimmigrant category, the alien must be the 
beneficiary of an immigrant visa petition that has been pending with 
the Immigration and Naturalization Service (Service) for at least 3 
years, or that has been approved and 3 years have passed since the 
filing date. Eligible aliens may enter and work in the United States, 
and continue to reside here while they wait for the immigrant visa 
petition to be approved; their priority date to be reached for filing 
for adjustment of status or an application for an immigrant visa; and 
the adjudication of that application. This interim rule sets forth the 
eligibility standards for V classification and the procedures for 
changing to V nonimmigrant status while in the United States, and for 
obtaining employment authorization based on V nonimmigrant status.

DATES: Effective date. This rule is effective on September 7, 2001.
    Comment date. Comments must be submitted on or before November 6, 
2001.

ADDRESSES: 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, via fax to 
(202) 305-0143, or via email to [email protected]. To ensure proper 
handling, please reference the INS No. 2117-01 on your correspondence. 
Comments are available for public inspection at this location by 
calling (202) 514-3048 to arrange for an appointment.

FOR FURTHER INFORMATION CONTACT: Michael Valverde, Residence and Status 
Branch, Immigration and Naturalization Service, 425 I Street, NW, Room 
3214, Washington, DC 20536, Telephone (202) 514-4754.

SUPPLEMENTARY INFORMATION:

Background

    Section 1102 of the LIFE Act amends the Immigration and Nationality 
Act, as amended (8 U.S.C. 1101, et seq.) (Act), in three ways:
    (1) Section 1102 amends section 101(a)(15) of the Act (8 U.S.C. 
1101(a)(15)) to add a new nonimmigrant classification, paragraph (V), 
for certain spouses and children of lawful permanent residents (LPRs), 
who have waited at least 3 years for the availability of an immigrant 
visa number in the family-based second (F2A) preference category in 
accordance with the State Department's monthly Visa Bulletin. Eligible 
spouses and children (under 21 years old and unmarried) of LPRs outside 
the United States may apply for a V nonimmigrant visa abroad and for 
admission to the United States as a V nonimmigrant. If already present 
in the United States, eligible aliens may obtain V nonimmigrant status 
while remaining in the United States.
    (2) Section 1102 of LIFE also adds section 214(o) to the Act (8 
U.S.C. 1184(o)) in order to provide the terms and conditions of V 
nonimmigrant status and employment authorization.
    (3) Section 1102 of LIFE makes conforming amendments to sections 
214(b) and 214(h) of the Act (8 U.S.C. 1184(b) and 1184(h)) to include 
reference to the V nonimmigrant classification.

Who Is Eligible for V Nonimmigrant Status?

    To be eligible for V nonimmigrant status, the alien must be the 
beneficiary of an immigrant visa petition, Form I-130, Petition for 
Alien Relative, that was filed by the LPR on or before December 21, 
2000, under the F2A preference category of section 203(a)(2)(A) of the 
Act (8 U.S.C. 1153(a)(2)(A)). The child of a petitioned-for spouse or 
child beneficiary is also eligible for such status if he or she is 
accompanying or following to join such an alien.
    The alien is eligible for V status if the Form I-130 immigrant visa 
petition has been pending for 3 years or more. In addition, the alien 
is eligible for V status after the visa petition has been approved and 
3 years have passed since the date of filing, in either of the 
following circumstances:
    (1) An immigrant visa number is not yet available to the 
beneficiary; or
    (2) If an immigrant visa number is available to the beneficiary, 
his or her application for an immigrant visa abroad or application for 
adjustment of status under section 245 of the Act (8 U.S.C. 1255) is 
still pending.
    An eligible spouse of an LPR will be classified as V-1. An eligible 
child of an LPR will be classified as V-2. The child of either, if 
eligible to accompany or follow to join the principal alien under 
section 203(d) of the Act (8 U.S.C. 1153(d)), will be classified as V-
3.
    An alien eligible for V nonimmigrant status may apply for a V 
nonimmigrant visa at a consular office abroad or, if the alien is 
already in the United States, he or she may apply to the Service for 
classification as a V nonimmigrant. An alien in V nonimmigrant status 
in the United States may obtain employment authorization.

What Are the Terms and Conditions of V Nonimmigrant Status?

    Aliens in V-1, V-2, or V-3 nonimmigrant status are authorized to 
remain in the United States until their authorized period of admission 
expires, or until one of the following is denied: (1) the Form I-130, 
Petition for Alien Relative, filed by the LPR on behalf of his or her 
spouse or child; (2) the alien's application for an immigrant visa; or 
(3) the alien's application for adjustment of status. If the V-1 or V-2 
alien's status is terminated for any of these reasons,

[[Page 46698]]

the V-3 status of any derivative child will simultaneously be 
terminated.
    Aliens in the United States in V nonimmigrant status must abide by 
the terms and conditions of that status as set forth in section 214 of 
the Act (8 U.S.C. 1184). Since V nonimmigrants are admitted to the 
United States to await the availability of an immigrant visa number in 
the F2A preference category (spouses and minor children of lawful 
permanent residents), in accordance with the State Department's monthly 
Visa Bulletin, they must continue to be eligible for that preference 
category.
    An alien who is no longer eligible for the F2A preference category 
described in section 203(a)(2)(A) of the Act (8 U.S.C. 1153(a)(2)(A)) 
is no longer eligible for V nonimmigrant status. For example, an alien 
would no longer be eligible if the qualifying marriage that forms the 
basis for the Form I-130 is terminated or the child petitioned for on 
the Form I-130 reaches the age of 21. If the Form I-130 is withdrawn by 
the petitioner, or if it is revoked under section 205 of the Act (8 
U.S.C. 1155), then the alien is no longer considered to be in valid V 
classification beginning 30 days after the withdrawal or event that 
causes the revocation (8 U.S.C. 1184(p)(3)). (However, the Service 
notes that a spouse or child of an abusive lawful permanent resident 
may be eligible in certain circumstances to file a self-petition for 
classification as a preference immigrant, as provided in 8 CFR 204.4, 
even if the LPR has withdrawn the Form I-130 that was filed on his or 
her behalf.)

How Can an Eligible Alien Who Is Outside the United States Obtain a 
V Nonimmigrant Visa?

    Eligible aliens who live abroad may obtain a V nonimmigrant visa 
from the Department of State by applying at a United States consular 
office. Eligible applicants must demonstrate that they meet the 
requirements of section 101(a)(15)(V) of the Act (8 U.S.C. 
1101(a)(15)(V)).
    The Department of State published an interim regulation on April 
16, 2001, at 66 FR 19390 (22 CFR 41.86), that sets forth procedures for 
applying for a V nonimmigrant visa at a consular office abroad.

Waiver of Ground of Inadmissibility

    Section 1102(b) of LIFE adds section 214(o) to the Act, (8 U.S.C. 
1184(o)) which, among other things, provides that aliens applying for 
admission to the United States in V nonimmigrant status are exempt from 
the ground of inadmissibility found at section 212(a)(9)(B) of the Act 
(8 U.S.C. 1182(a)(9)(B)), relating to unlawful presence. This means 
that, for the purpose of admission as a V nonimmigrant, aliens who have 
accrued more than 180 days of unlawful presence in the United States 
are not subject to the 3- and 10-year bars to admission.
    It is important to note that, as discussed in more depth below, 
section 214(o) of the Act waives this ground of inadmissibility only 
for V nonimmigrant admissions (or changing to a V nonimmigrant status), 
and not for purposes of obtaining immigrant status. When a V 
nonimmigrant applies for adjustment or for an immigrant visa to obtain 
permanent resident status, he or she is still subject to the ground of 
inadmissibility under section 212(a)(9)(B) of the Act relating to 
unlawful presence and the bars to admissibility.

How Can an Eligible Alien Who Is in the United States Obtain V 
Nonimmigrant Status?

    Beginning September 7, 2001, eligible aliens in the United States 
who wish to obtain V nonimmigrant status must file the Form I-539, 
Application to Change Nonimmigrant Status, with the Service and pay the 
application fee, currently $120, required by 8 CFR 103.7(b)(1), or 
request a waiver of the application fee in accordance with 8 CFR 
103.7(c). All aliens 14 to 79 years of age who are filing Form I-539 to 
obtain V nonimmigrant status must submit a service fee for 
fingerprinting, currently $25, with their application. In addition to 
the instructions listed on the Form I-539, all aliens applying for V 
nonimmigrant status must follow the supplemental instructions found on 
Supplement A to Form I-539. Applications should be submitted to: U.S. 
Immigration and Naturalization Service, P.O. Box 7216, Chicago, IL 
60680-7216.
    Supplement A to Form I-539 includes instructions specific to 
applicants for V nonimmigrant status in addition to those found on Form 
I-539.
    Although the statute uses the term ``adjust,'' the Service views 
the conversion to V nonimmigrant status as a ``change'' from one 
(usually) nonimmigrant status to another nonimmigrant status, rather 
than an ``adjustment'' of status from nonimmigrant status to lawful 
permanent resident (LPR) status. This is especially so because V 
nonimmigrants are required to be pursuing LPR status through the 
adjustment of status or the immigrant visa process. For these reasons, 
the Service is planning to use the Form I-539 and the term ``change'' 
of status.

Medical Examination

    An applicant applying for V nonimmigrant status must submit, along 
with his or her application, the results of a medical examination by a 
civil surgeon. The alien must submit this information on Form I-693, 
Medical Examination of Aliens Seeking Adjustment of Status, completed 
by a civil surgeon. Each Service district office maintains a list of 
physicians in the area who have been designated as civil surgeons by 
the Service. An applicant for V nonimmigrant status is not required to 
submit the vaccination supplement to Form I-693.

Fingerprinting Appointment

    After receiving the application and proper fees, the applicant will 
be scheduled for fingerprinting at an Application Support Center (ASC). 
An applicant who does not appear for fingerprinting without previously 
notifying the Service may have his or her application denied under 8 
CFR 103.2(b)(13).

Evidence

    An alien applying for V nonimmigrant status should submit proof of 
filing of the immigrant petition that qualifies the alien for V status. 
Proof of filing may be in the form of Form I-797, Notice of Action, 
which serves as a receipt of the petition or as a notice of approval, 
or a receipt for the filed petition or notice of approval issued by a 
local district office. If the alien does not have such proof, the 
Service will review other forms of evidence, such as correspondence to 
or from the Service regarding a pending petition.
    If the alien does not have any of the above items, but believes he 
or she is a beneficiary of a qualifying petition and as such is 
eligible for V nonimmigrant status, he or she should provide 
information indicating where and when the petition was filed, the name 
and alien number of the petitioner, and the names of all the 
beneficiaries.

Affidavit of Support

    Aliens entering as V nonimmigrant aliens are not subject to the 
legally binding Affidavit of Support requirements of section 213A of 
the Act (8 U.S.C. 1183a) and 8 CFR part 213A, until they file for 
adjustment of status to LPR. However, the Service may request that an 
applicant for V status submit the non-binding Affidavit of Support, 
Form I-134.

[[Page 46699]]

Grounds of Inadmissibility

    Aliens applying to the Service for V nonimmigrant status must be 
eligible for admission to the United States. This means they must not 
be inadmissible under any of the grounds found at section 212(a) of the 
Act, except those from which the LIFE Act explicitly exempts them. 
Section 214(o)(3) of the Act, as added by the LIFE Act, exempts an 
alien applying to obtain V nonimmigrant status from three grounds of 
inadmissibility: section 212(a)(6)(A) (aliens present without admission 
or parole); section 212(a)(7) (aliens not in possession of a valid, 
unexpired passport or immigrant or nonimmigrant visa); and section 
212(a)(9)(B) (aliens unlawfully present). The fact that an alien is 
inadmissible under one of these three grounds does not make him or her 
ineligible to obtain the V nonimmigrant status. Thus, the alien need 
not have been maintaining lawful status at the time of applying to the 
Service to obtain V nonimmigrant status. An alien who is inadmissible 
as a nonimmigrant on any other ground under section 212(a) of the Act 
may apply to the Service for any available nonimmigrant waivers.
    It is important to note that while section 214(o) of the Act waives 
these three grounds of inadmissibility for change to V nonimmigrant 
status, there is no corresponding exemption of these same grounds of 
inadmissibility when an alien in the V nonimmigrant status later 
applies for an immigrant visa or for adjustment of status to LPR. For 
example, if an alien in V nonimmigrant status, who has accrued more 
than 1 year of unlawful presence in the United States, travels abroad 
and is readmitted as a V nonimmigrant, that alien, when he or she 
departs the United States, triggers the 10-year bar to admission under 
section 212(a)(9)(B) of the Act. Section 214(o) exempts him or her from 
this ground of inadmissibility for purposes of obtaining V nonimmigrant 
status, but does not exempt the alien from that ground of 
inadmissibility when he or she later applies for an immigrant visa or 
for adjustment to LPR status. That means that he or she will be unable 
to adjust status to LPR for 10 years from the date of departure, unless 
an individual waiver for that ground of inadmissibility is granted.
    To the extent that he or she may be eligible, the alien applying to 
adjust status may apply for the waivers found at section 212(g), (h), 
(i), and (a)(9)(B)(v) of the Act.

What Will Be the Period of Authorized Stay for V Nonimmigrants?

    The Service will give aliens granted admission to the United States 
in the V nonimmigrant classification a maximum 2-year period of 
admission. Similarly, the Service will give aliens approved for a 
change of status to V nonimmigrant status a maximum 2-year period of 
admission. In either case, the period of V nonimmigrant status may be 
extended, as discussed below, if the alien continues to remain eligible 
for V status.

Children in V-2 or V-3 Status Who Reach the Age of 21 or Get Married

    If an alien is 19 years old or older and applies for admission to 
the United States in V-2 or V-3 status, or for change to V-2 or V-3 
status in the United States, he or she will be granted a period of 
admission that will end on the day before the alien turns 21 years of 
age.
    One of the eligibility requirements for V classification is that an 
alien must be the beneficiary of a petition for status filed under 
section 203(a)(2)(A) of the Act--the Form I-130 for spouses or children 
of an LPR. See Pub. L. No. 106-553, sec. 1102(a)(3), 114 Stat. At 
2762A-142. The term ``child'' is defined in section 101(b)(1) of the 
Act to mean, with certain qualifications, an unmarried person under 21 
years of age. See 8 U.S.C. 1101(b)(1). Since the eligibility criteria 
of section 1102(a) do not include section 203(a)(2)(B) of the Act 
(unmarried sons or daughters of an LPR), an alien 21 years of age or 
over who is the son or daughter of an LPR is not eligible for V-2 
classification. Likewise, an alien who gets married is no longer 
eligible for V classification as a ``child.'' Therefore, if the child 
of an LPR is admitted to the United States as a V-2 nonimmigrant and 
subsequently turns 21 or gets married, he or she is no longer eligible 
for that nonimmigrant status. Since the law provides for V-3 status for 
a derivative child of a principal alien, an alien will no longer be 
eligible for that nonimmigrant status after turning 21 or getting 
married.

How Can an Alien Obtain Employment Authorization Based on V 
Nonimmigrant Status?

    An alien in valid V nonimmigrant status is eligible for employment 
authorization as long as he or she remains in that status. In order to 
obtain employment authorization, the alien must submit Form I-765, 
Application for Employment Authorization, with the application fee, 
currently $100, as required by 8 CFR 103.7(b)(1), or a request for a 
fee waiver in accordance with 8 CFR 103.7(c). An alien in V 
nonimmigrant status should submit his or her Form I-765 to: U.S. 
Immigration and Naturalization Service, P.O. Box 7216, Chicago, IL 
60680-7216.
    If the alien's application for employment authorization is 
approved, the Service will grant the alien employment authorization for 
a period of time to match his or her period of authorized stay as a V 
nonimmigrant. An alien already in the United States who is applying for 
V status may file for employment authorization at the same time he or 
she files Form I-539 and Supplement A to Form I-539.

How Can an Alien Obtain an Extension of His or Her V Nonimmigrant 
Status?

    If an alien's period of admission is about to expire and the alien 
continues to be eligible for V nonimmigrant status, the alien may apply 
for an extension, using Form I-539 and Supplement A to Form I-539. 
Applications for extension of V nonimmigrant status should be submitted 
with the application fee for Form I-539, currently $120, as required by 
8 CFR 103.7(b)(1), or the alien may request a fee waiver in accordance 
with 8 CFR 103.7(c). Applicants for an extension of V nonimmigrant 
status do not need to submit the fingerprinting service fee, nor do 
they need to have a medical examination or submit Form I-693 (medical 
examination). Applications should be submitted to: U.S. Immigration and 
Naturalization Service, P.O. Box 7216, Chicago, IL 60680-7216.
    An alien granted an extension of V nonimmigrant status will be 
given a period of authorized stay not to exceed 2 years. A child in V 
nonimmigrant status who is 19 years old or older will be granted an 
extension valid until the day before his or her 21st birthday.
    A V nonimmigrant who has filed an application for adjustment of 
status (Form I-485) is still eligible for extension of V nonimmigrant 
status as long as the adjustment application remains pending. However, 
any applicant for adjustment of status can obtain many of the same 
benefits as are provided for in the V status. Applicants for adjustment 
of status are considered to be in a period of stay authorized by the 
Attorney General while their application remains pending, and they are 
eligible to obtain employment authorization and to apply for advance 
parole to return to the United States after travel abroad.

[[Page 46700]]

What if an Alien Has an Approved Petition and a Current Priority 
Date but Does Not Have a Pending Application for an Immigrant Visa 
Abroad or an Application for Adjustment of Status?

    The V visa classification includes aliens who are the beneficiary 
of an approved immigrant visa petition that was filed more than 3 years 
earlier, during the time that an immigrant visa is not available or 
during the time that an application for an immigrant visa abroad or for 
adjustment of status under section 245 of the Act is still pending. 
However, the Service recognizes that there may be limited circumstances 
in which an eligible spouse or child has an immigrant visa number 
available, but has not yet applied either for an immigrant visa abroad 
or for adjustment to LPR status.
    In order to provide aliens time to file the appropriate application 
when their V status is expiring, the Service will grant a one-time 6-
month extension of V nonimmigrant status to such aliens if they are 
otherwise eligible. Similarly, for an alien in this situation who is 
applying for admission to the United States on the basis of a V visa 
that is otherwise valid, the Service will admit the alien for a 6-month 
period in order to provide time to file the appropriate application.
    In either case, if the alien has not filed either an application 
for adjustment of status or for an immigrant visa by the end of the 6-
month period, the alien will no longer be able to extend his or her V 
nonimmigrant status.

May an Alien Travel Abroad While in V Nonimmigrant Status?

    An alien who obtained a V nonimmigrant visa from a consular office 
abroad may be inspected and admitted to the United States in V 
nonimmigrant status after traveling abroad as long as the alien 
possesses a valid, unexpired V visa and remains eligible for V 
nonimmigrant status.
    However, as a general matter, an alien who was granted V 
nonimmigrant status in the United States by the Service will need to 
obtain a V visa from a consular office abroad in order to be inspected 
and admitted to the United States as a V nonimmigrant after traveling 
abroad. (The alien will not need to apply for a V visa abroad in order 
to be admitted if he or she has traveled to contiguous territories or 
adjacent islands, has another valid visa, and is eligible for automatic 
revalidation.) Procedures for obtaining a V nonimmigrant visa abroad 
are found in the Department of State regulations at 22 CFR 41.86 (66 FR 
19390, April 16, 2001). In addition, the alien must remain eligible for 
admission in V nonimmigrant status.
    A V nonimmigrant with a pending Form I-485, Application to Register 
Permanent Residence or Adjust Status, does not need to obtain advance 
parole prior to traveling abroad. Section 1102(d) of the LIFE Act 
amends section 214 of the Act to include V nonimmigrants in the list of 
nonimmigrant classifications that may have dual intent. This means that 
an alien in V nonimmigrant status may be considered a nonimmigrant 
despite the fact that he or she is an intending immigrant with a filed 
application for adjustment of status or an immigrant visa. Aliens with 
dual intent, including V nonimmigrants, do not need to obtain advance 
parole to protect their pending applications for adjustment of status 
from being considered abandoned when they depart the United States.

When Is an Alien's V Nonimmigrant Status Terminated?

    Under section 214(o)(1)(B) of the Act, as added by section 1102 of 
LIFE, the period of authorized admission as a V nonimmigrant terminates 
30 days after any of the following is denied:
     The qualifying Form I-130;
     The alien's application for an immigrant visa pursuant to 
the approval of such Form I-130; or
     The alien's Form I-485 under section 245 of the Act 
pursuant to the approval of such Form I-130.

In the case of a derivative child (V-3), the period of admission is 
terminated when the Form I-130, Application for Immigrant Visa, or Form 
I-485 filed by the principal alien (V-1 or V-2) is denied.
    The Service considers the withdrawal or revocation of an approved 
Form I-130 to be the equivalent of a denial. In addition, as discussed 
above, an alien spouse will lose V-1 status upon divorcing the LPR who 
filed the immigrant visa petition, and an alien child will lose V-2 or 
V-3 status upon turning 21 or marrying, because he or she will no 
longer satisfy the statutory definition of a ``child.''
    Unless the alien has some other status under the immigration laws, 
he or she will become removable upon termination of the V status, and 
unlawful presence will begin to accrue.

What Happens if the Petitioner of the Form I-130 That Qualified the 
Beneficiaries for V Nonimmigrant Status Naturalizes?

    If the LPR petitioner of the Form I-130 that qualified the 
beneficiaries for V nonimmigrant status becomes a United States 
citizen, the petitioner's spouse and children (and any derivative 
child) will no longer qualify for V nonimmigrant status as defined 
under section 101(a)(15)(V) of the Act. Their V status will expire when 
the current period of authorized admission ends, and they will not be 
eligible to renew V status.
    However, as the spouse or child of a person who has now become a 
United States citizen, the principal beneficiaries will be immediate 
relatives as defined in section 201(b)(2)(A) of the Act (8 U.S.C. 
1151(b)(2)(A)). As provided in 8 CFR 204.2(i)(3), the Form I-130 filed 
by the LPR automatically will be upgraded to an immediate relative 
petition.
    An immediate relative must still be the beneficiary of a Form I-
130, but he or she does not need to wait for an immigrant visa number 
to be available before filing an application for adjustment of status. 
A V-1 or V-2 alien with a pending or approved Form I-130 who becomes an 
immediate relative may apply for adjustment of status (Form I-485) 
immediately if he or she has not already done so. If the V-1 or V-2 
alien has already filed a Form I-485 based on an approved Form I-130 at 
the time the LPR naturalizes, he or she does not need to file any 
additional forms.
    It is important to note that a U.S. citizen must file a new 
immigrant visa petition (Form I-130) and an application for adjustment 
of status (Form I-485) on behalf of any child who was in V-3 status, in 
order for that child to adjust status. Derivative children in V-3 
status were not covered by the Form I-130 previously filed by the LPR 
on behalf of his or her spouse (V-1) and children (V-2).
    Each alien who is the beneficiary of a pending Form I-485 will be 
able to obtain work authorization while his or her adjustment 
application is pending.

What Happens if an Alien Is Already in Immigration Proceedings?

    If an alien is already in immigration proceedings and believes that 
he or she may be eligible to apply for V nonimmigrant status, he or she 
should request before the immigration judge or the Board that the 
proceedings be administratively closed (or, if the alien has a motion 
pending before the Board, that the motion be indefinitely continued), 
in order to allow the alien to pursue an application for V nonimmigrant 
status with the Service. If the alien appears eligible for V 
nonimmigrant status, the immigration judge or the Board, whichever has 
jurisdiction, shall administratively close the proceeding or continue 
the motion indefinitely. In the event that the

[[Page 46701]]

Service finds an alien eligible for the V classification, the Service 
can adjudicate the application for change of status. In the event that 
the Service finds an alien ineligible for V status, the Service shall 
recommence proceedings by filing a motion to re-calendar.

If an Alien Is Already the Subject of a Final Order of Removal, 
Deportation or Exclusion, What Is the Procedure for Moving To 
Reopen Based on V Eligibility?

    The LIFE Act Amendments contain no special provisions for reopening 
proceedings where an alien is already the subject of a final order of 
removal, deportation, or exclusion because that alien is now eligible 
for V nonimmigrant status. Accordingly, motions to reopen will be 
governed by the Department of Justice's current rules regarding motions 
to reopen, 8 CFR 3.23 (before the Immigration Judge) and 3.2 (before 
the Board of Immigration Appeals), which contain time and numerical 
limitations on the filing of such motions. See 8 CFR 3.23(b)(1) and 
3.2(c)(2).
    The rules, however, do provide for limited exceptions to these time 
and numerical limitations, among which is a motion to reopen filed 
jointly by the alien and the Service counsel in the case. Therefore, an 
alien who is the subject of a final order who alleges eligibility for V 
nonimmigrant status may contact the Service counsel to request the 
filing of a joint motion to reopen. The Service will exercise its 
discretion in considering such requests. The Service's discretion to 
join in motions to reopen, however, cannot provide or restore 
eligibility for discretionary relief that is otherwise barred by the 
statute (such as in the case of aliens whose orders were entered in 
absentia for failure to appear, or aliens who failed to voluntarily 
depart the United States within the time period specified).

Good Cause Exception

    The Service's implementation of this rule as an interim rule, with 
provisions for post-promulgation public comments, is based on the 
``good cause'' exceptions found at 5 U.S.C. 553(b)(B) and (d)(3). This 
interim rule establishes the proper rules and filing procedures for the 
part of the LIFE Act creating a new ``V'' nonimmigrant classification 
for spouses and children of lawful permanent resident aliens. According 
to the legislative history, Congress enacted the V visa in order to 
ameliorate the effects of the long statutory and administrative 
backlogs inherent in the immigration of alien relatives by providing 
for expeditious family reunification. The ``Joint Memorandum Concerning 
the Legal Immigration Family Equity Act of 2000 and the LIFE Act 
Amendments of 2000,'' submitted in lieu of a committee report, states 
that:

    [The LIFE Act] sought to provide a new mechanism to address the 
problem created by the long backlog of immigrant visa applications 
for spouses and minor children of lawful permanent residents, who 
are currently having to wait many years for a visa to become 
available to them. Right now, many of these individuals are even 
precluded from visiting their spouse or parent in the United States 
on account of an administrative interpretation that the filing of 
their petition casts doubt on the bona fides of their applications 
for visitor visas, indicating that instead they are intending 
immigrants* * *. The purpose of the V and K visas is to provide a 
speedy mechanism by which family members may be reunited.

    Public Law 106-553 became effective on December 21, 2000, and 
therefore, immediate implementation of this rule without prior notice 
and comment is necessary to further the important public interests 
discussed above in the law's legislative history. Publishing a proposed 
rule would mean that the rule would not take effect immediately, and 
because of the necessary comment period, would result, contrary to the 
public interest, in a lengthy delay in processing for those already 
eligible for this benefit. In fact, eligible aliens have already filed 
applications with the Service's local offices while the Service has 
been in the process of drafting regulations. Many of these applicants 
are filing on the wrong forms, which do not provide sufficient 
information for adjudication decisions. The Service has no other 
recourse but to return the incorrect forms. Therefore, it is of 
significant importance that the Service publish regulations to 
establish appropriate procedures as soon as possible. Since further 
delays with respect to this interim rule are contrary to the public 
interest, there is good cause under 5 U.S.C. 553 to forgo the prior 
publication of a proposed rule and to make this rule effective upon the 
date of publication in the Federal Register.

Regulatory Flexibility Act

    The Attorney General, 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 because this 
regulation affects family members of lawful permanent residents. It 
does not have an effect on small entities as that term is defined in 5 
U.S.C. 601(6).

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 one 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 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. 
The Service estimates that this rule will result in an increase in 
Service revenue of $35.8 million in Fiscal Year (FY) 2001, $8.8 million 
in FY 2002, and $1.2 million in FY 2003.

Executive Order 12866

    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 rule has been 
submitted to the Office of Management and Budget for review.

Assessment of Regulatory Impact on the Family

    This immigration law facilitates reunification of families by 
according preferences to aliens who are the spouse or children of 
lawful permanent resident aliens. This regulation implements an 
additional nonimmigrant classification through which these aliens may 
be reunified with their family member. For this reason, the Attorney 
General has determined, as provided by the Omnibus Consolidated and 
Emergency Supplemental Appropriations Act of 1999, Public Law 105-277, 
Sec. 654, 112 Stat. 2681, 2681-528-24 (1998) (5 U.S.C. 601, note), that 
this rule will not have an adverse impact on the strength or stability 
of the family.

Executive Order 13132

    This rule will not have substantial direct effects on the States, 
on the relationship between the National Government and the States, or 
on the

[[Page 46702]]

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.

Executive Order 12988

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

Paperwork Reduction Act

    The information collection requirement contained in this rule (Form 
I-539, Supplement A) has been submitted to the Office of Management and 
Budget for emergency review and approval under the provisions of the 
Paperwork Reduction Act. The emergency clearance is good for 180 days 
from the date of OMB approval. Prior to its renewal by OMB, INS will 
publish a notice in the Federal Register soliciting comment on the 
form. The OMB control number for this collection is contained in 8 CFR 
299.5, Display of control numbers.

List of Subjects

8 CFR Part 214

    Administrative practice and procedure, Aliens, Employment, Foreign 
officials, Health professions, Reporting and recordkeeping 
requirements.

8 CFR Part 245

    Aliens, Immigration, Reporting and recordkeeping requirements.

8 CFR Part 248

    Aliens, Reporting and recordkeeping requirements.

8 CFR Part 274a

    Administrative practice and procedure, Aliens, Employment, 
Penalties, Reporting and recordkeeping requirements.

8 CFR Part 299

    Immigration, Reporting and recordkeeping requirements.
    Accordingly, chapter I of title 8 of the Code of Federal 
Regulations is amended as follows:

PART 214--NONIMMIGRANT CLASSES

    1. The authority citation for part 214 is revised to read as 
follows:

    Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1282; 
sec. 643, Pub. L. 104-208, 110 Stat. 3009-708; Section 141 if the 
Compacts of Free Association with the Federated States of Micronesia 
and the Republic of the Marshall Islands, and with the Government of 
Palau, 48 U.S.C. 1901, note, and 1931 note, respectively; 8 CFR part 
2.

    2. Section 214.1(a)(2) is amended by:
    a. Adding the entry for ``101(a)(15)(V)'' in proper sequential 
order; and
    b. Designating the existing note as ``Note 1'' and by adding a 
``Note 2'' to read as follows:


Sec. 214.1  Requirements for admission, extension, and maintenance of 
status.

    (a) * * *
    (2) * * *

------------------------------------------------------------------------
                  Section                            Designation
------------------------------------------------------------------------
 
                  *        *        *        *        *
101(a)(15)(V).............................  V-1, V-2, or V-3
 
                 *        *        *        *        *
 Note: The classification designation V-1 is for the spouse of a lawful
    permanent resident; the classification designation V-2 is for the
    principal beneficiary of an I-130 who is the child of an LPR; the
  classification V-3 is for the derivative child of a V-1 or V-2 alien.
 
------------------------------------------------------------------------

Sec. 214.2  [Amended]

    3. Section 214.2 is amended by adding and reserving paragraph (u) 
and by adding paragraph (v), to read as follows:


Sec. 214.2  Special requirements for admission, extension, and 
maintenance of status.

* * * * *
    (u) [Reserved]
    (v) Certain spouses and children of LPRs. Section 214.15 of this 
chapter provides the procedures and requirements pertaining to V 
nonimmigrant status.

    4. Section 214.15 is added to read as follows:


Sec. 214.15  Certain spouses and children of lawful permanent 
residents.

    (a) Aliens abroad. Under section 101(a)(15)(v) of the Act, certain 
eligible spouses and children of lawful permanent residents may apply 
for a V nonimmigrant visa at a consular office abroad and be admitted 
to the United States in V-1 (spouse), V-2 (child), or V-3 (dependent 
child of the spouse or child who is accompanying or following to join 
the principal beneficiary) nonimmigrant status to await the approval 
of:
    (1) A relative visa petition;
    (2) The availability of an immigrant visa number; or
    (3) Lawful permanent resident (LPR) status through adjustment of 
status or an immigrant visa.
    (b) Aliens already in the United States. Eligible aliens already in 
the United States may apply to the Service to obtain V nonimmigrant 
status for the same purpose. Aliens in the United States in V 
nonimmigrant status are entitled to reside in the United States as V 
nonimmigrants and obtain employment authorization.
    (c) Eligibility. Subject to section 214(o) of the Act, an alien who 
is the beneficiary (including a child of the principal alien, if 
eligible to receive a visa under section 203(d) of the Act) of an 
immigrant visa petition to accord a status under section 203(a)(2)(A) 
of the Act that was filed with the Service under section 204 of the Act 
on or before December 21, 2000, may apply for V nonimmigrant status if:
    (1) Such immigrant visa petition has been pending for 3 years or 
more; or
    (2) Such petition has been approved, and 3 or more years have 
passed since such filing date, in either of the following 
circumstances:
    (i) An immigrant visa is not immediately available to the alien 
because of a waiting list of applicants for visas under section 
203(a)(2)(A) of the Act; or
    (ii) The alien's application for an immigrant visa, or the alien's 
application for adjustment of status under section 245 of the Act, 
pursuant to the approval of such petition, remains pending.
    (d) The definition of ``pending''. For purposes of this section, a 
pending petition is defined as a petition to accord a status under 
section 203(a)(2)(A) of the Act that was filed with the Service under 
section 204 of the Act on or before December 21, 2000, that has not 
been adjudicated. In addition, the petition must have been properly 
filed according to Sec. 103.2(a) of this chapter, and if, subsequent to 
filing, the Service returns the petition to the applicant for any 
reason or makes a request for evidence, the petitioner must satisfy the 
Service request within the time period set forth at Sec. 103.2(b)(8) of 
this chapter. If the Service denies a petition, but the petitioner 
appeals that decision, the petition will be considered pending until 
the administrative appeal is decided by the Service. A petition 
rejected by the Service as not properly filed is not considered to be 
pending.
    (e) Classification process for aliens outside the United States.
    (1) V nonimmigrant visa. An eligible alien may obtain a V 
nonimmigrant visa from the Department of State at a

[[Page 46703]]

consular office abroad pursuant to the procedures set forth in 22 CFR 
41.86.
    (2) Aliens applying for admission to the United States as a V 
nonimmigrant at a port-of-entry. Aliens applying under section 235 of 
the Act for admission to the United States at a port-of-entry as a V 
nonimmigrant must have a visa in the appropriate category. Such aliens 
are exempt from the ground of inadmissibility under section 
212(a)(9)(B) of the Act.
    (f) Application by aliens in the United States. An alien described 
in paragraph (c) of this section who is in the United States may apply 
to the Service to obtain V nonimmigrant status pursuant to the 
procedures set forth in this section and 8 CFR part 248. The alien must 
be admissible to the United States, except that, in determining the 
alien's admissibility in V nonimmigrant status, sections 212(a)(6)(A), 
(a)(7), and (a)(9)(B) of the Act do not apply.
    (1) Contents of application. To apply for V nonimmigrant status, an 
eligible alien must submit:
    (i) Form I-539, Application to Extend/Change Nonimmigrant Status, 
with the fee required by Sec. 103.7(b)(1) of this chapter;
    (ii) The fingerprint fee as required by Sec. 103.2(e)(4) of this 
chapter;
    (iii) Form I-693, Medical Examination of Aliens Seeking Adjustment 
of Status, without the vaccination supplement; and
    (iv) Evidence of eligibility as described by Supplement A to Form 
I-539 and in paragraph (f)(2) of this section.
    (2) Evidence. Supplement A to Form I-539 provides instructions 
regarding the submission of evidence. An alien applying for V 
nonimmigrant status with the Service should submit proof of filing of 
the immigrant petition that qualifies the alien for V status. Proof of 
filing may include Form I-797, Notice of Action, which serves as a 
receipt of the petition or as a notice of approval, or a receipt for a 
filed petition or notice of approval issued by a local district office. 
If the alien does not have such proof, the Service will review other 
forms of evidence, such as correspondence to or from the Service 
regarding a pending petition. If the alien does not have any of the 
items previously mentioned in this paragraph, but believes he or she is 
eligible for V nonimmigrant status, he or she should state where and 
when the petition was filed, the name and alien number of the 
petitioner, and the names of all beneficiaries (if known).
    (g) Period of admission.
    (1) Spouse of an LPR. An alien admitted to the United States in V-1 
nonimmigrant status (or whose status in the United States is changed to 
V-1) will be granted a period of admission not to exceed 2 years.
    (2) Child of an LPR or derivative child. An alien admitted to the 
United States in V-2 or V-3 nonimmigrant status (or whose status in the 
United States is changed to V-2 or V-3) will be granted a period of 
admission not to exceed 2 years or the day before the alien's 21st 
birthday, whichever comes first.
    (3) Extension of status. An alien may apply to the Service for an 
extension of V nonimmigrant status pursuant to this part and 8 CFR part 
248. Aliens may apply for the extension of V nonimmigrant status, 
submitting Form I-539, and the associated filing fee, on or before 120 
days before the expiration of their status. If approved, the Service 
will grant an extension of status to aliens in V nonimmigrant status 
who remain eligible for V nonimmigrant status for a period not to 
exceed 2 years, or in the case of a child in V-2 or V-3 status, the day 
before the alien's 21st birthday, whichever comes first.
    (4) Special rules. The following special rules apply with respect 
to aliens who have a current priority date in the United States, but do 
not have a pending application for an immigrant visa abroad or an 
application to adjust status.
    (i) For an otherwise eligible alien who applies for admission to 
the United States in a V nonimmigrant category at a designated Port-of-
Entry and has a current priority date but does not have a pending 
immigrant visa abroad or application for adjustment of status in the 
United States, the Service will admit the alien for a 6-month period 
(or to the date of the day before the alien's 21st birthday, as 
appropriate).
    (ii) For such an alien in the United States who applies for 
extension of V nonimmigrant status, the Service will grant a one-time 
extension not to exceed 6 months.
    (iii) If the alien has not filed an application, either for 
adjustment of status or for an immigrant visa within that 6-month 
period, the alien cannot extend or be admitted or readmitted to V 
nonimmigrant status. If the alien does file an application, either for 
adjustment of status or for an immigrant visa within the time allowed, 
the alien will continue to be eligible for further extensions of V 
nonimmigrant status as provided in this section while that application 
remains pending.
    (h) Employment authorization. An alien in V nonimmigrant status may 
apply to the Service for employment authorization pursuant to this 
section and Sec. 274a.12(a)(15) of this chapter. An alien must file 
Form I-765, Application for Employment Authorization, with the fee 
required by 8 CFR 103.7. The Service will grant employment 
authorization to aliens in V nonimmigrant status who remain eligible 
for V nonimmigrant status valid for a period equal to the alien's 
authorized admission as a V nonimmigrant.
    (i) Travel abroad; unlawful presence.--
    (1) V nonimmigrant status in the United States. An alien who 
applies for and obtains V nonimmigrant status in the United States will 
be issued Form I-797, Notice of Action, indicating the alien's V status 
in the United States. Form I-797 does not serve as a travel document. 
If such an alien departs the United States, he or she must obtain a V 
visa from a consular office abroad in order to be readmitted to the 
United States as a V nonimmigrant. This visa requirement, however, does 
not apply if the alien traveled to contiguous territory or adjacent 
islands, possesses another valid visa, and is eligible for automatic 
revalidation.
    (2) V nonimmigrants with a pending Form I-485. An alien in V 
nonimmigrant status with a pending Form I-485 (Application to Register 
Permanent Residence or Adjust Status) that was properly filed with the 
Service does not have to obtain advance parole in order to prevent the 
abandonment of that application when the alien departs the United 
States.
    (3) Unlawful presence.--
    (i) Nonimmigrant admission. An alien otherwise eligible for 
admission as a V nonimmigrant is not subject to the ground of 
inadmissibility under section 212(a)(9)(B) of the Act. This is true 
even if the alien had accrued more than 180 days of unlawful presence 
in the United States and is applying for admission as a nonimmigrant 
after travel abroad.
    (ii) Permanent resident status. A V nonimmigrant alien is subject 
to the ground of inadmissibility under section 212(a)(9)(B) of the Act 
when applying for an immigrant visa or for adjustment of status to that 
of a lawful permanent resident. Therefore, a departure from the United 
States at any time after having accrued more than 180 days of unlawful 
presence will render the alien inadmissible under that section for the 
purpose of adjustment of status or admission as an immigrant, unless he 
or she has obtained a waiver under section 212(a)(9)(B)(v) of the Act 
or falls within one of the exceptions in section 212(a)(9)(B)(iii) of 
the Act.
    (j) Termination of status.--

[[Page 46704]]

    (1) General. The status of an alien admitted to the United States 
as a V nonimmigrant under section 101(a)(15)(V) of the Act shall be 
automatically terminated 30 days following the occurrence of any of the 
following:
    (i) The denial, withdrawal, or revocation of the Form I-130, 
Petition for Immediate Relative, filed on behalf of that alien;
    (ii) The denial or withdrawal of the immigrant visa application 
filed by that alien;
    (iii) The denial or withdrawal of the alien's application for 
adjustment of status to that of lawful permanent residence;
    (iv) The V-1 spouse's divorce from the LPR becomes final; or
    (v) The marriage of an alien in V-2 or V-3 status.
    (2) Dependents. When a principal alien's V nonimmigrant status is 
terminated, the V nonimmigrant status of any alien listed as a V-3 
dependent or who is seeking derivative benefits is also terminated.
    (3) Appeals. If the denial of the immigrant visa petition is 
appealed, the alien's V nonimmigrant status does not terminate until 30 
days after the administrative appeal is dismissed.
    (4) Violations of status. Nothing in this section precludes the 
Service from immediately initiating removal proceedings for other 
violations of an alien's V nonimmigrant status.
    (k) Naturalization of the petitioner. If the lawful permanent 
resident who filed the qualifying Form I-130 immigrant visa petition 
subsequently naturalizes, the V nonimmigrant status of the spouse and 
any children will terminate after his or her current period of 
admission ends. However, in such a case, the alien spouse or child will 
be considered an immediate relative of a U.S. citizen as defined in 
section 201(b) of the Act and will immediately be eligible to apply for 
adjustment of status and related employment authorization. If the V-1 
spouse or V-2 child had already filed an application for adjustment of 
status by the time the LPR naturalized, a new application for 
adjustment will not be required.
    (l) Aliens in proceedings. An alien who is already in immigration 
proceedings and believes that he or she may have become eligible to 
apply for V nonimmigrant status should request before the immigration 
judge or the Board, as appropriate, that the proceedings be 
administratively closed (or before the Board that a previously-filed 
motion for reopening or reconsideration be indefinitely continued) in 
order to allow the alien to pursue an application for V nonimmigrant 
status with the Service. If the alien appears eligible for V 
nonimmigrant status, the immigration judge or the Board, whichever has 
jurisdiction, shall administratively close the proceeding or continue 
the motion indefinitely. In the event that the Service finds an alien 
eligible for V nonimmigrant status, the Service can adjudicate the 
change of status under this section. In the event that the Service 
finds an alien ineligible for V nonimmigrant status, the Service shall 
recommence proceedings by filing a motion to re-calendar.

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

    5. 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; 8 CFR part 2.

    6. Section 245.2 is amended by adding a new paragraph 
(a)(4)(ii)(D), to read as follows:


Sec. 245.2  Application.

    (a) * * *
    (4) * * *
    (ii) * * *
    (D) The travel outside of the United States by an applicant for 
adjustment of status who is not under exclusion, deportation, or 
removal proceeding and who is in lawful V status shall not be deemed an 
abandonment of the application if, upon returning to this country, the 
alien is admissible as a V nonimmigrant.
* * * * *

PART 248--CHANGE OF NONIMMIGRANT CLASSIFICATION

    7. The authority citation for part 248 is revised to read as 
follows:

    Authority: 8 U.S.C. 1101, 1103, 1184, 1258; 8 CFR part 2.

    8-9. Section 248.1 is amended by adding a sentence at the end of 
paragraph (a) and by revising paragraph (b) introductory text to read 
as follows:


Sec. 248.1  Eligibility.

    (a) * * * An alien defined by section 101(a)(15)(V) of the Act may 
be accorded nonimmigrant status in the United States by following the 
procedures set forth in Sec. 214.15(f) of this chapter.
    (b) * * * Except in the case of an alien applying to obtain V 
nonimmigrant status in the United States under Sec. 214.15(f) of this 
chapter, a change of status may not be approved for an alien who failed 
to maintain the previously accorded status or whose status expired 
before the application or petition was filed, except that failure to 
file before the period of previously authorized status expired may be 
excused in the discretion of the Service, and without separate 
application, where it is demonstrated at the time of filing that:
* * * * *

PART 274a--CONTROL OF EMPLOYMENT OF ALIENS

    10. The authority citation for part 274a is revised to read as 
follows:

    Authority: 8 U.S.C. 1101, 1103, 1324a; 8 CFR part 2.

    11. Section 274a.12 is amended by:
    a. Revising the last sentence in paragraph (a) introductory text;
    b. Removing the ``or'' at the end of paragraph (a)(13);
    c. Removing the period of the end of paragraph (a)(14) and adding 
``; or'' in its place; and by
    d. Adding paragraph (a)(15).
    The revisions and additions read as follows:


Sec. 274a.12  Classes of aliens authorized to accept employment.

    (a) Aliens authorized employment incident to status. *  * * Any 
alien who is within a class of aliens described in paragraphs (a)(3) 
through (a)(8) or (a)(10) through (a)(15) of this section, and who 
seeks to be employed in the United States, must apply to the Service 
for a document evidencing such employment.
* * * * *
    (15) Any alien in V nonimmigrant status as defined in section 
101(a)(15)(V) of the Act and 8 CFR 214.15. An employment authorization 
document issued under this paragraph will be valid for a period equal 
to the alien's period of authorized admission as a V nonimmigrant and, 
in any case, may not exceed 2 years;
* * * * *

PART 299--IMMIGRATION FORMS

    12. The authority citation for part 299 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1103; 8 CFR part 2.

    13. Section 299.1 is amended in the table by adding Form ``I-539, 
Supplement A'', in proper numerical sequence, to read as follows:


Sec. 299.1  Prescribed forms.

* * * * *

[[Page 46705]]



------------------------------------------------------------------------
                                       Edition
              Form No.                   date             Title
------------------------------------------------------------------------
                  *        *        *        *        *
I-539 Supplement A..................   03-27-01  Filing Instructions for
                                                  V nonimmigrant status.
                  *        *        *        *        *
------------------------------------------------------------------------


    14. Section 299.5 is amended in the table by adding Form ``I-539 
Supplement A'' in proper numerical sequence, to read as follows:


Sec. 299.5  Display of control numbers.

* * * * *

------------------------------------------------------------------------
                                                              Currently
                                                               assigned
            INS form No.                 INS form title      OMB Control
                                                                 No.
------------------------------------------------------------------------
                  *        *        *        *        *
                                     I-539 Supplement A        1115-0237
                                      Filing Instructions
                                      for V nonimmigrant
                                      status.
                  *        *        *        *        *
------------------------------------------------------------------------


    Dated: August 28, 2001.
Larry D. Thompson,
Acting Attorney General.
[FR Doc. 01-22151 Filed 9-6-01; 8:45 am]
BILLING CODE 4410-10-P