[Federal Register Volume 74, Number 107 (Friday, June 5, 2009)]
[Rules and Regulations]
[Pages 26933-26941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13014]



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  Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules 
and Regulations  

[[Page 26933]]



DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

8 CFR Parts 1, 100, 103, 204, 207, 208, 211, 212, 214, 216, 236, 
244, 245, 248, 264, 274a, 301, 316, 320, 322, 324, 327, 328, 329, 
330, 334, and 392

[CIS No. 2405-07; DHS Docket No. USCIS-2007-0005]
RIN 1615-AB56


Removing References to Filing Locations and Obsolete References 
to Legacy Immigration and Naturalization Service; Adding a Provision To 
Facilitate the Expansion of the Use of Approved Electronic Equivalents 
of Paper Forms

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Interim rule with request for comments.

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

SUMMARY: This rule amends Department of Homeland Security (DHS) 
regulations by eliminating certain references to the Immigration and 
Naturalization Service (INS) organizational structure and removing all 
references in the Code of Federal Regulations (CFR) to INS and U.S. 
Citizenship and Immigration Services (USCIS) Offices. This rule also 
removes all references in the CFR to filing locations, so that USCIS 
may provide such information on petition and application forms and 
through any other means. In addition, this rule adds a definition of 
the term ``form'' to the CFR, which will facilitate the expansion of 
the use of approved electronic equivalents of USCIS paper forms; this 
will support USCIS' transition from a paper-based filing and processing 
environment to an electronic one.
    Overall, the rule is intended to eliminate confusion and certain 
obsolete references to the INS organizational structure from USCIS 
regulations, help the public determine where to file forms with USCIS, 
create a more efficient and streamlined process for future changes to 
filing instructions, and allow the component to better manage its 
workload through, among other things, affording greater flexibility to 
accept and process applications and petitions in an electronic 
environment.

DATES: 
    Effective Date: This rule is effective July 6, 2009.
    Comment Date: Written comments must be submitted on or before 
August 4, 2009.

ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-
2007-0005, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Chief, Regulatory Management Division, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529-2210. 
To ensure proper handling, please reference DHS Docket No. USCIS-2007-
0005 on your correspondence. This mailing address may be used for 
paper, disk, or CD-ROM submissions.
     Hand Delivery/Courier: U.S. Citizenship and Immigration 
Services, Department of Homeland Security, 111 Massachusetts Avenue, 
NW., Suite 3008, Washington, DC 20529-2210. Contact Telephone Number 
(202) 272-8377.

FOR FURTHER INFORMATION CONTACT: Roxanne Alonso, Adjudications Officer, 
Policy and Regulation Management Division, Domestic Operations, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
20 Massachusetts Avenue, NW., MS 2211, Washington, DC 20529-2211, 
telephone (202) 272-8100.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Public Participation
II. Background
    A. What effect does this rule have?
    B. Why is USCIS issuing this rule?
III. Regulatory Requirements
    A. Administrative Procedure Act
    B. Regulatory Flexibility Act
    C. Unfunded Mandates Reform Act of 1995
    D. Small Business Regulatory Enforcement Fairness Act of 1996
    E. Executive Order 12866 (Regulatory Planning and Review)
    F. Executive Order 13132 (Federalism)
    G. Executive Order 12988 (Civil Justice Reform)
    H. Paperwork Reduction Act

I. Public Participation

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments on all aspects of the 
interim rule. Comments that will provide the most assistance to USCIS 
in developing these procedures will reference a specific portion of the 
interim rule, explain the reason for any recommended change, and 
include data, information, or authority that support such recommended 
change.
    Instructions: All submissions received must include the agency name 
and the DHS docket number (USCIS-2007-0005) for this rulemaking. All 
comments received will be posted without change to http://www.regulations.gov, including any personal information provided. See 
ADDRESSES above for information on how to submit comments.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

II. Background

A. What effect does this rule have?

    This interim rule eliminates certain references to the 
organizational structure of the Immigration and Naturalization Service 
(INS), which was abolished on March 1, 2003, pursuant to the Homeland 
Security Act of 2002, Public Law 107-609 (November 22, 2002), 116 Stat. 
2135. The Secretary of Homeland Security has approved the 
organizational structure of each new component pursuant to 8 CFR 2.1, 
which provides that the Secretary may delegate authority and functions 
by regulation, directive, memorandum, or other means as deemed 
appropriate. Eliminating references to the organizational structure of 
INS is necessary, because U.S. Citizenship and Immigration Services 
(USCIS) is modifying aspects of the command and control structure that 
was temporarily retained from the INS field management structure. These 
changes to the regulations will not affect the locations of USCIS local 
offices or other sites.

[[Page 26934]]

    This interim rule also removes from the regulations all 
instructions regarding the filing locations for petitions and 
applications. These regulatory provisions are unnecessary and restrict 
USCIS' ability to vary petition and application filing locations as 
necessary to address fluctuations in the volume of applications, 
shifting workload needs, and benefits processing modifications. 
Removing these regulatory provisions will allow USCIS to better utilize 
its resources and serve its customers. Filing locations and procedures 
will still be available on USCIS forms and the USCIS Web site. 
Customers may also call the USCIS `800-number' customer service line 
for information on where to submit their documents, or simply call the 
agency listing in the government resources pages of their local 
telephone directory. This change does not affect any evidentiary 
requirement or substantive eligibility requirement for a particular 
benefit.
    This interim rule removes current geographic jurisdictional service 
boundaries. This change will allow USCIS the flexibility to manage 
workloads and facilitate interaction with, and services to, the public. 
For those few applications and petitions that are currently filed at 
USCIS local offices, customers will be able to file these specific 
forms at the office closest to them. Regarding services that require an 
alien to make an appearance at a USCIS office, by removing the 
geographic parameters on the office with jurisdiction for adjudicating 
specific immigration or naturalization benefits, USCIS will have the 
flexibility to offer interviews and other services at different offices 
in the area based on the ability to schedule appointments most 
effectively. See 8 CFR 103.2(b)(9).
    The rule adds a definition of the term ``Form'' to 8 CFR part 1. 
USCIS has added this definition to clarify that references to the term 
``form'' and to form numbers throughout USCIS regulations are now 
intended to encompass both the traditional paper form and all approved 
electronic equivalents used for on-line filing with USCIS or other 
similar purposes.
    Finally, the rule amends 8 CFR 100.4 to remove all references to 
INS and USCIS Offices. However, this rule does not alter the 
regulations in paragraphs (c)(2) for ports of entry for aliens arriving 
by vessel or by land transportation or (c)(3) for the method of 
identifying ports-of-entry for aliens arriving by aircraft. The 
designation of ports of entry is within the authority of the U.S. 
Customs and Border Protection (CBP) and generally governed by 19 CFR 
101.3. Maintenance of the current erroneous references to District 
Offices in 8 CFR 101.3 will have no legal effect on the distribution of 
workload or acceptance applications by USCIS. CBP has indicated that 
they may amend how 8 CFR part 100 references ports of entry, and 
classes of ports of entry, and will remove references to the INS 
district in which they are located in a future rulemaking.

B. Why is USCIS issuing this rule?

    This rule is necessary to remove references to USCIS office 
locations and geographical jurisdictions from the Code of Federal 
Regulations. USCIS will provide information regarding the proper 
locations on the filing instructions on the respective USCIS forms. As 
USCIS workload has increased and as USCIS has managed that workload to 
eliminate processing backlogs of petitions and applications for 
immigration benefits, it has become clear that the agency on occasion 
needs to redistribute work within its adjudicative resources. Changing 
the applicable regulations each time a workload redistribution occurs 
is a lengthy process and an inefficient management tool. The ability to 
make changes to filing instructions to reflect a redistribution of 
workload will enable USCIS to efficiently reallocate its adjudications 
resources. Thus, this interim rule is intended to enhance USCIS' 
ability to provide updated, clear information, and to increase its 
administrative flexibility to adapt to changing situations. Information 
about the agency's organizational structure, where to file an 
application or petition, and where and how individuals can seek 
services or assistance from USCIS will continue to be widely available.
    This rule is also necessary to assist the agency in transforming 
its business environment from a paper-based petition and application 
process to an electronic environment. This major change effort is 
referred to as the USCIS Transformation Initiative. This regulation is 
the first in a series to be published to implement this initiative. As 
the USCIS Transformation Initiative progresses, USCIS expects that 
electronic versions of forms and digital images of supporting documents 
will largely replace paper forms and documents for filing, 
adjudication, and records retention purposes.

III. Regulatory Requirements

A. Administrative Procedure Act

    This interim rule will not change the eligibility rules governing 
any immigration benefit. It will not confer rights or obligations upon 
any party. USCIS expects that this rule will further the public's 
interest in receiving clear instruction on where and in what format to 
file applications and petitions for immigration benefits. Accordingly, 
USCIS has determined that the public notice and comment requirements of 
the Administrative Procedure Act (APA), 5 U.S.C. 553(b), do not apply 
because the rule is procedural in nature and does not alter the 
substantive rights of the affected parties. Therefore, this rule 
satisfies the exemption from notice and comment rulemaking in 5 U.S.C. 
553(b)(A). USCIS nevertheless invites comments on this rule and will 
consider all timely comments in the preparation of a final rule.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 603(b)), as amended 
by the Small Business Regulatory Enforcement and Fairness Act of 1996 
(SBREFA), requires an agency to prepare and make available to the 
public a regulatory flexibility analysis that describes the effect of a 
proposed rule on small entities (i.e., small businesses, small 
organizations, and small governmental jurisdictions) when the agency is 
required ``to publish a general notice of proposed rulemaking for any 
proposed rule.'' Because this rule is being issued as an interim rule, 
on the grounds set forth above, a regulatory flexibility analysis is 
not required under the RFA.

C. 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 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.

D. Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. It 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.

[[Page 26935]]

E. Executive Order 12866

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.

F. 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 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.

G. 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.

H. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, Public Law 104-13, all 
Departments are required to submit to the Office of Management and 
Budget (OMB), for review and approval, any reporting and recordkeeping 
requirements inherent in a rule. This rule does not impose any new 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act.

List of Subjects

8 CFR Part 1

    Administrative practice and procedure, Immigration.

8 CFR Part 100

    Organization and functions (Government agencies).

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 204

    Administrative practice and procedures, Immigration, Reporting and 
recordkeeping requirements.

8 CFR Part 207

    Immigration, Refugees, Reporting and recordkeeping requirements.

8 CFR Part 208

    Administrative practice and procedure, Aliens, Immigration, 
Reporting and recordkeeping requirements.

8 CFR Part 211

    Immigration, Passports and visas, Reporting and recordkeeping 
requirements.

8 CFR Part 212

    Administrative practice and procedure, Aliens, Immigration, 
Passports and visas, Reporting and recordkeeping requirements.

8 CFR Part 214

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

8 CFR Part 216

    Administrative practice and procedure, Aliens.

8 CFR Part 236

    Administrative practice and procedure, Aliens, Immigration.

8 CFR Part 244

    Aliens, 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 264

    Reporting and recordkeeping requirements.

8 CFR Part 274a

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

8 CFR Part 301

    Citizenship and naturalization, Reporting and recordkeeping 
requirements.

8 CFR Part 316

    Citizenship and naturalization, Reporting and recordkeeping 
requirements.

8 CFR Part 320

    Citizenship and naturalization, Infants and children, Reporting and 
recordkeeping requirements.

8 CFR Part 322

    Citizenship and naturalization, Infants and children, Reporting and 
recordkeeping requirements.

8 CFR Part 324

    Citizenship and naturalization, Reporting and recordkeeping 
requirements, Women.

8 CFR Part 327

    Citizenship and naturalization, Military personnel, Reporting and 
recordkeeping requirements.

8 CFR Part 328

    Citizenship and naturalization, Military personnel, Reporting and 
recordkeeping requirements.

8 CFR Part 329

    Citizenship and naturalization, Reporting and recordkeeping 
requirements, Veterans.

8 CFR Part 330

    Reporting and recordkeeping requirements, Seamen.

8 CFR Part 334

    Administrative practice and procedure, Citizenship and 
naturalization, Courts, Reporting and recordkeeping requirements.

8 CFR Part 392

    Citizenship and naturalization, Reporting and recordkeeping 
requirements.

0
Accordingly, chapter 1 of title 8 of the Code of Federal Regulations is 
amended as follows:

PART 1--DEFINITIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 8 U.S.C. 1101; 8 U.S.C. 1103; 5 U.S.C. 301; Public 
Law 107-296, 116 Stat. 2135 (6 U.S.C. 1 et seq.).


0
2. Section 1.1 is amended by adding paragraph (aa) to read as follows:


Sec.  1.1  Definitions.

* * * * *
    (aa) The term Form when used in connection with a petition, 
application, or other instrument to be filed with USCIS in order to 
request an immigration benefit, means a device for the collection of 
information in a standard format that may be submitted in paper format 
or in an electronic format as may be prescribed by USCIS on its 
official Web site at http//www.uscis.gov. The term Form followed by a 
USCIS form number includes a USCIS approved electronic equivalent of 
such form as USCIS may prescribe on

[[Page 26936]]

its official Web site at http//www.uscis.gov.

PART 100--STATEMENT OF ORGANIZATION

0
3. The authority citation for part 100 continues to read as follows:

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


0
4. Section 100.1 is revised to read as follows:


Sec.  100.1  Introduction.

    The following components have been delegated authority under the 
Immigration and Nationality Act to administer and enforce certain 
provisions of the Immigration and Nationality Act and all other laws 
relating to immigration: U.S. Customs and Border Protection (CBP), U.S. 
Immigration and Customs Enforcement (ICE), and U.S. Citizenship and 
Immigration Services (USCIS).


Sec.  100.2  [Removed and Reserved]

0
5. Section 100.2 is removed and reserved.
0
6. Section 100.3 is revised to read as follows:


Sec.  100. 3  Places where, and methods whereby, information may be 
secured or submittals or requests made.

    Any person desiring information relative to a matter handled by 
CBP, ICE or USCIS or any person desiring to make a submittal or request 
in connection with such a matter, should communicate either orally or 
in writing, with either CBP, ICE or USCIS as appropriate. When the 
submittal or request consists of a formal application for one of the 
documents, privileges, or other benefits provided for in the laws 
administered by CBP, ICE or USCIS or the regulations implementing those 
laws, follow the instructions on the form as to preparation and place 
of submission. Individuals can seek service or assistance from CBP, ICE 
or USCIS by visiting the CBP, ICE or USCIS Web site or calling CBP, ICE 
or USCIS.


Sec.  100.4  [Amended]

0
7. Section 100.4 is amended by:
0
a. Removing the introductory text;
0
b. Removing paragraphs (a), (b), (c)(1) and (c)(4), (e) and (f);
0
c. Removing paragraph (c) heading and introductory text;
0
d. Redesignating paragraph (c)(2), as paragraph (a);
0
e. Redesignating paragraph (c)(3) as paragraph (b); and
0
f. Redesignating paragraph (d) as paragraph (c).


Sec.  100.5  [Amended]

0
8. Section 100.5 is amended by revising the term ``Immigration and 
Naturalization Service'' to read ``Department of Homeland Security''.


Sec.  100.6  [Removed and Reserved]

0
9. Section 100.6 is removed and reserved.


Sec.  100.7  [Amended]

0
10. Section 100.7 is amended by revising the term ``Immigration and 
Naturalization Service'' to read ``Department of Homeland Security''.

PART 103--POWERS AND DUTIES; AVAILABILITY OF RECORDS

0
11. The authority citation for part 103 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304, 
1356; 31 U.S.C. 9701; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1 
et seq.); E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p. 166; 
8 CFR part 2.


0
12. Section 103.2 is amended by:
0
a. Revising the first sentence of paragraph (a)(1); and by
0
b. Revising paragraph (a)(6).
    The revisions read as follows:


Sec.  103.2  Applications, petitions, and other documents.

    (a) * * *
    (1) * * * Every application, petition, appeal, motion, request, or 
other document submitted on any form prescribed by this chapter I, 
notwithstanding any other regulations to the contrary, must be filed 
with the location and executed in accordance with the instructions on 
the form, such instructions being hereby incorporated into the 
particular section of the regulations in this chapter I requiring its 
submission. * * *
* * * * *
    (6) Where to file. An application or petition must be filed as 
indicated in the instructions on the respective form.
* * * * *

PART 204--IMMIGRANT PETITIONS

0
13. The authority citation for part 204 continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1186a, 
1255, 1641; 8 CFR part 2.


0
14. Section 204.1, is amended by revising paragraph (e) to read as 
follows:


Sec.  204.1  General information about immediate relative and family-
sponsored petitions.

* * * * *
    (e) Jurisdiction. A petition described in this part must be filed 
in accordance with the instructions on the form. A United States 
consular officer in a country in which USCIS does not have an office 
may accept and approve a relative petition or a petition filed by a 
widow or widower if the petitioner resides in the area over which the 
post has jurisdiction, regardless of the beneficiary's residence or 
physical presence at the time of filing. In emergency or humanitarian 
cases and cases of national interest, a United States consular officer 
may accept a petition filed by a petitioner who does not reside within 
the consulate's jurisdiction. While consular officers are authorized to 
approve petitions, they must refer any petition which is not clearly 
approvable to the appropriate USCIS office. Consular officers may 
consult with the appropriate USCIS office abroad prior to stateside 
referral, if they deem it necessary. A consular official may not accept 
or approve a self-petition filed by the spouse or child of an abusive 
citizen or lawful permanent resident of the United States under section 
204(a)(1)(A)(iii), 204(a)(1)(A)(iv), 204(a)(1)(B)(ii), or 
204(a)(1)(B)(iii) of the Act. These self-petitions must be filed with a 
USCIS office in the United States as indicated in the instructions to 
the applicable petition form as prescribed by USCIS.
* * * * *

0
15. Section 204.3(g) is revised to read as follows:


Sec.  204.3  Orphans.

* * * * *
    (g) Where to file. Form I-600, Petition to Classify Orphan as an 
Immediate Relative, and Form I-600A, Application for Advanced 
Processing of Orphan Petition, must be filed in accordance with the 
instructions on the form.
* * * * *


Sec.  204.4  [Amended]

0
16. Section 204.4 is amended by:
0
a. Revising the phrase ``with the Service office having jurisdiction 
over the place of the alien's intended residence in the United States 
or with the overseas Service office having jurisdiction over the 
alien's residence abroad'' in paragraph (c) to read: ``in accordance 
with the instructions on the form''; and
0
b. Revising the phrase '' with the Service office having jurisdiction 
over the beneficiary's residence in the United States'' in the second 
sentence of paragraph (i) to read: ``with USCIS''.


Sec.  204.5  [Amended]

0
17. Section 204.5(b), is amended by revising the phrase ``with the 
Service Center having jurisdiction over the

[[Page 26937]]

intended place of employment, unless specifically designated for local 
filing by the Associate Commissioner for Examinations'' to read: ``in 
accordance with the instructions on the form''.


Sec.  204.6  [Amended]

0
18. Section 204.6 is amended by removing and reserving paragraph (b).


Sec.  204.8  [Removed and Reserved]

0
19. Section 204.8 is removed and reserved.

0
20. Section 204.9 is amended by:
0
a. Revising paragraph (a)(2); and
0
b. Revising the phrase ``with the director having jurisdiction over his 
or her place of residence,'' in the first sentence of paragraph (c)(2) 
to read ``in accordance with the instructions on the form''.
    The revision reads as follows:


Sec.  204.9  Special immigrant status for certain aliens who have 
served honorably (or are enlisted to serve) in the Armed Forces of the 
United States for at least 12 years.

    (a) * * *
    (2) Where to file. The petition must be filed in accordance with 
the instructions on the form.
* * * * *


Sec.  204.10  [Amended]

0
21. Section 204.10 is amended by removing and reserving paragraph 
(c)(2).

0
22. Section 204.11 is amended by revising paragraph (b) to read as 
follows:


Sec.  204.11  Special immigrant status for certain aliens declared 
dependent on a juvenile court (special immigrant juvenile).

* * * * *
    (b) Petition for special immigrant juvenile. An alien may not be 
classified as a special immigrant juvenile unless the alien is the 
beneficiary of an approved petition to classify an alien as a special 
immigrant under section 101(a)(27) of the Act. The petition must be 
filed on Form I-360, Petition for Amerasian, Widow(er) or Special 
Immigrant. The alien, or any person acting on the alien's behalf, may 
file the petition for special immigrant juvenile status. The person 
filing the petition is not required to be a citizen or lawful permanent 
resident of the United States.
* * * * *


Sec.  204.13  [Amended]

0
23. Section 204.13 is amended by removing the last sentence in 
paragraph (c).

PART 207--ADMISSION OF REFUGEES

0
24. The authority citation for part 207 continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1151, 1157, 1159, 1182; 8 CFR 
part 2.


Sec.  207.1  [Amended]

0
25. Section 207.1 is amended by removing the phrase ``with the Service 
office having jurisdiction over the area where the applicant is 
located'' in the first sentence of paragraph (a).

PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL

0
26. The authority citation for part 208 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 1282; 8 CFR part 2.

0
27. Section 208.4 is amended by revising paragraph (b) to read as 
follows:


Sec.  208.4  Filing the application.

* * * * *
    (b) Filing location. Form I-589, Application for Asylum and 
Withholding of Removal, must be filed in accordance with the 
instructions on the form.
* * * * *


Sec.  208.5  [Amended]

0
28. Section 208.5(b)(1)(ii) is amended in the first sentence by 
revising the phrase ``to the district director having jurisdiction over 
the port-of-entry'' to read: ``in accordance with the instructions on 
the form'', and by revising the term ``district director'' to read 
``DHS office'' wherever that term appears.

PART 211--DOCUMENTARY REQUIREMENTS; IMMIGRANTS; WAIVERS

0
29. The authority citation for part 211 continues to read as follows:

    Authority: 1101, 1103, 1181, 1182, 1203, 1225, 1257; 8 CFR part 
2.


0
30. Section 211.1 is amended by revising paragraph (b)(3) to read as 
follows:


Sec.  211.1  Visas.

* * * * *
    (b) * * *
    (3) If an immigrant alien returning to an unrelinquished lawful 
permanent residence in the United States after a temporary absence 
abroad believes that good cause exists for his or her failure to 
present an immigrant visa, Form I-551, or reentry permit, the alien may 
file an application for a waiver of this requirement with the DHS 
officer with jurisdiction over the port of entry where the alien 
arrives. To apply for this waiver, the alien must file Form I-193, 
Application for Waiver of Passport and/or Visa, with the fee prescribed 
in 8 CFR 103.7(b)(1), except that if the alien's Form I-551 was lost or 
stolen, the alien must instead file Form I-90, Application to Replace 
Permanent Resident Card, with the fee prescribed in 8 CFR 103.7(b)(1), 
provided the temporary absence did not exceed 1 year. In the exercise 
of discretion, the DHS officer who has jurisdiction over the port of 
entry where the alien arrives may waive the alien's lack of an 
immigrant visa, Form I-551, or reentry permit and admit the alien as a 
returning resident if DHS is satisfied that the alien has established 
good cause for the alien's failure to present an immigrant visa, Form 
I-551, or reentry permit. Filing the Form I-90 will serve as both 
application for replacement and as application for waiver of passport 
and visa, without the obligation to file a separate waiver application.
* * * * *

0
31. Section 211.2 is amended by revising paragraph (b) to read as 
follows:


Sec.  211.2  Passports.

* * * * *
    (b) Except as provided in paragraph (a) of this section, if an 
alien seeking admission as an immigrant with an immigrant visa believes 
that good cause exists for his or her failure to present a passport, 
the alien may file an application for a waiver of this requirement with 
the DHS officer who has jurisdiction over the port of entry where the 
alien arrives. To apply for this waiver, the alien must file Form I-
193, Application for Waiver of Passport and/or Visa, with the fee 
prescribed in 8 CFR 103.7(b)(1). In the exercise of discretion, the DHS 
officer with jurisdiction over the port of entry, may waive the alien's 
lack of passport and admit the alien as an immigrant, if DHS is 
satisfied that the alien has established good cause for his or her 
failure to present a passport.

PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; 
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

0
32. The authority citation for part 212 continues to read as follows:

    Authority: 8 U.S.C. 1101 and note, 1102, 1103, 1182 and note, 
1184, 1187, 1223, 1225, 1226, 1227.


0
33. Section 212.2 is amended by:
0
a. Revising paragraph (d);

[[Page 26938]]

0
b. Removing the phrase ``an application for permission to reapply, Form 
I-212, with the district director having jurisdiction over the place 
where the alien resides'' in the second sentence of paragraph (e) and 
adding in its place ``Form I-212, Application for Permission to 
Reapply'';
0
c. Revising paragraph (f);
0
d. Revising paragraph (g)(2); and
0
e. Removing paragraph (g)(3).
    The revisions read as follows:


Sec.  212.2  Consent to reapply for admission after deportation, 
removal or departure at Government expense.

* * * * *
    (d) Applicant for immigrant visa. Except as provided in paragraph 
(g)(2) of this section, an applicant for an immigrant visa who is not 
physically present in the United States and who requires permission to 
reapply must file Form I-212. Except as provided in paragraph (g)(2) of 
this section, if the applicant also requires a waiver under section 
212(g), (h), or (i) of the Act, Form I-601, Application for Waiver of 
Grounds of Excludability, must be filed simultaneously with the Form I-
212.
* * * * *
    (f) Applicant for admission at port of entry. An alien may request 
permission at a port of entry to reapply for admission to the United 
States within 5 years of the deportation or removal, or 20 years in the 
case of an alien deported, or removed 2 or more times, or at any time 
after deportation or removal in the case of an alien convicted of an 
aggravated felony. The alien must file the Form I-212, where required, 
with the DHS officer having jurisdiction over the port of entry.
    (g) * * *
    (2) An alien who is an applicant for parole authorization under 8 
CFR 245.15(t)(2) and requires consent to reapply for admission after 
deportation, removal, or departure at Government expense, or a waiver 
under section 212(g), 212(h), or 212(i) of the Act, must file the 
requisite Form I-212 or Form I-601 concurrently with the Form I-131, 
Application for Travel Document. An alien who is an applicant for 
parole authorization under 8 CFR 245.13(k)(2) and requires consent to 
reapply for admission after deportation, removal, or departure at 
Government expense, or a waiver under section 212(g), 212(h), or 212(i) 
of the Act, must file the requisite Form I-212 or Form I-601 
concurrently with the Form I-131, Application for Travel Document.
* * * * *

0
34. Section 212.3 is amended by:
0
a. Revising paragraph (a);
0
b. Removing the phrase ``with the appropriate district director'' at 
the end of the last sentence in paragraph (d); and by
0
c. Revising paragraph (f) introductory text.
    The revisions read as follows:


Sec.  212.3  Application for the exercise of discretion under section 
212(c).

    (a) Jurisdiction. An application for the exercise of discretion 
under section 212(c) of the Act must be submitted on Form I-191, 
Application for Advance Permission to Return to Unrelinquished 
Domicile. If the application is made in the course of proceedings under 
sections 235, 236, or 242 of the Act, the application shall be made to 
the Immigration Court.
* * * * *
    (f) Limitations on discretion to grant an application under section 
212(c) of the Act. An application for advance permission to enter under 
section 212 of the Act shall be denied if:
* * * * *

0
35. Section 212.7 is amended by:
0
a. Revising paragraph (a)(1); and by
0
b. Removing and reserving paragraph (b)(2).
    The revision reads as follows:


Sec.  212.7  Waiver of certain grounds of inadmissibility.

    (a) * * *
    (1) Form I-601 must be filed in accordance with the instructions on 
the form. When filed at a consular office, Form I-601 shall be 
forwarded to USCIS for a decision upon conclusion that the alien is 
admissible but for the grounds for which a waiver is sought.
* * * * *


Sec.  212.15  [Amended]

0
36. Section 212.15 is amended by:
0
a. Removing the phrase, ``, and all accompanying required evidence, to 
the Director, Nebraska Service Center, in duplicate with the 
appropriate fee contained in 8 CFR 103.7(b)(1)'' in the first sentence 
of paragraph (j)(1) introductory text;
0
b. Removing the phrase ``to the Director, Nebraska Service Center,'' in 
first sentence of paragraph (j)(2)(i);
0
c. Removing the phrase ``to the Director, Nebraska Service Center,'' in 
the first sentence of paragraph (j)(2)(ii); and
0
d. Revising the term ``the Director, Nebraska Service Center'' to read: 
``USCIS'' in the first sentence of paragraph (j)(3)(i).

PART 214--NONIMMIGRANT CLASSES

0
37. The authority citation for part 214 continues to read as follows:

    Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1185 (pursuant 
to E.O. 13323, 69 FR 241, 3 CFR, 2003 Comp., p. 278), 1186a, 1187, 
1221, 1281, 1282, 1301-1305, 1372, 1379, 1731-32; section 643, Pub. 
L. 104-208, 110 Stat. 3009-708; section 141 of 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.


0
38. Section 214.2 is amended by:
0
a. Revising paragraph (a)(6)(iii);
0
b. Removing the phrase ``with the appropriate Service Center'' in 
paragraph (e)(8)(iv)(B);
0
c. Removing the word ``State'' in the first sentence of paragraph 
(e)(8)(iv)(C) and adding in its place ``Department of State'';
0
d. Removing the phrase ``with the Service Center'' in the first 
sentence of paragraph (e)(8)(v);
0
e. Removing the phrase ``a Service Center'' in the second sentence of 
paragraph (e)(8)(v) and adding in its place ``USCIS'';
0
f. Removing the last sentence of paragraph (e)(8)(v);
0
g. Revising paragraph (g)(6)(iii);
0
h. Removing paragraph (h)(3)(i)(D);
0
i. Removing the second sentence in paragraph (k)(1);
0
j. Removing the last sentence in paragraph (k)(7);
0
k. Revising paragraph (l)(2);
0
l. Removing the phrase ``Service Center'' in paragraph (l)(5)(ii)(C) 
and adding in its place ``USCIS office'';
0
m. Revising paragraph (l)(5)(ii)(F);
0
n. Removing the third sentence in paragraph (l)(7)(i) introductory text 
and by revising the word ``Service'' in the fourth sentence to read 
``USCIS'';
0
o. Revising paragraph (l)(7)(i)(C);
0
p. Removing the term ``Service Center'' in the second sentence of 
paragraph (l)(8)(ii) and adding in its place ``USCIS office'';
0
q. Removing the third sentence in paragraph (m)(11)(ii)(A);
0
r. Removing the phrase ``to the service center with jurisdiction over 
the current school'' in the fourth sentence of paragraph 
(m)(11)(ii)(B);
0
s. Removing the phrase ``, with the Service Center which has 
jurisdiction in the area where the alien will work'' in the first 
sentence of paragraph (o)(2)(i);
0
t. Removing the phrase ``and must be filed with the Service Center 
which has jurisdiction in the area where the petitioner is located'' in 
the first sentence of paragraph (o)(2)(iv)(A), and by removing the 
second sentence;
0
u. Removing the phrase ``with the Service Center that has jurisdiction 
over the area where the alien will perform services,'' in paragraph 
(o)(2)(iv)(B);

[[Page 26939]]

0
v. Removing the phrase ``with the Service Center having jurisdiction 
over the new place of employment'' in the first sentence of paragraph 
(o)(2)(iv)(C);
0
w. Removing the phrase ``with the Service Center where the original 
petition was filed'' in the first sentence of paragraph (o)(2)(iv)(D);
0
x. Revising the ninth sentence in (p)(2)(i);
0
y. Removing the phrase ``and must be filed with the Service Center 
which has jurisdiction in the area where the petitioner is located'' in 
the first sentence of (p)(2)(iv)(A), and by removing the second 
sentence;
0
z. Removing the phrase ``with the Service Center that has jurisdiction 
over the area where the alien will perform the services,'' in 
(p)(2)(iv)(B);
0
aa. Removing the phrase ``with the appropriate Service Center'' in the 
last sentence of (p)(2)(iv)(H);
0
bb. Removing the second sentence of paragraph (q)(5)(i);
0
cc. Removing the phrase ``with the service center having jurisdiction 
over the area where the alien will perform services or labor, or 
receive training'' in the first sentence of paragraph (q)(5)(iv);
    The revisions read as follows:


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

    (a) * * *
    (6) * * *
    (iii) If the Department of State's endorsement is favorable, the 
dependent may apply to USCIS for employment authorization. When 
applying to USCIS for employment authorization, the dependent must 
present his or her Form I-566 with a favorable endorsement from the 
Department of State and any additional documentation as may be required 
by the Secretary.
* * * * *
    (g) * * *
    (6) * * *
    (iii) If the Department of State's endorsement is favorable, the 
dependent may apply to USCIS for employment authorization. When 
applying to USCIS for employment authorization, the dependent must 
present his or her Form I-566 with a favorable endorsement from the 
Department of State and any additional documentation as may be required 
by the Secretary.
* * * * *
    (l) * * *
    (2) * * *
    (i) Except as provided in paragraph (l)(2)(ii) and (l)(17) of this 
section, a petitioner seeking to classify an alien as an intracompany 
transferee must file a petition on Form I-129, Petition for 
Nonimmigrant Worker. The petitioner shall advise USCIS whether a 
previous petition for the same beneficiary has been filed, and certify 
that another petition for the same beneficiary will not be filed unless 
the circumstances and conditions in the initial petition have changed. 
Failure to make a full disclosure of previous petitions filed may 
result in a denial of the petition.
    (ii) A United States petitioner which meets the requirements of 
paragraph (l)(4) of this section and seeks continuing approval of 
itself and its parent, branches, specified subsidiaries and affiliates 
as qualifying organizations and, later, classification under section 
101(a)(15)(L) of the Act multiple numbers of aliens employed by itself, 
its parent, or those branches, subsidiaries, or affiliates may file a 
blanket petition on Form I-129. The blanket petition shall be 
maintained at the adjudicating office. The petitioner shall be the 
single representative for the qualifying organizations with which USCIS 
will deal regarding the blanket petition.
* * * * *
    (5) * * *
    (ii) * * *
    (F) If the consular officer determines that the alien is ineligible 
for L classification under a blanket petition, the consular officer's 
decision shall be final. The consular officer shall record the reasons 
for the denial on Form I-129S, retain one copy, return the original of 
I-129S to the USCIS office which approved the blanket petition, and 
provide a copy to the alien. In such a case, an individual petition may 
be filed for the alien on Form I-129, Petition for Nonimmigrant Worker. 
The petition shall state the reason the alien was denied L 
classification and specify the consular office which made the 
determination and the date of the determination.
* * * * *
    (7) * * *
    (i) * * *
    (C) Amendments. The petitioner must file an amended petition, with 
fee, at the USCIS office where the original petition was filed to 
reflect changes in approved relationships, additional qualifying 
organizations under a blanket petition, change in capacity of 
employment (i.e., from a specialized knowledge position to a managerial 
position), or any information which would affect the beneficiary's 
eligibility under section 101(a)(15)(L) of the Act.
* * * * *
    (p) * * *
    (2) * * *
    (i) * * * The petitioner must file a P petition on Form I-129, 
Petition for Nonimmigrant Worker. * * *
* * * * *

PART 216--CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS

0
39. The authority citation for part 216 continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1154, 1184, 1186a, 1186b, and 8 
CFR part 2.


Sec.  216.4  [Amended]

0
40. Section 216.4 is amended by removing and reserving paragraph 
(a)(3).


Sec.  216.5  [Amended]

0
41. Section 216.5 is amended by removing and reserving paragraph (c).


Sec.  216.6  [Amended]

0
42. Section 216.6, is amended by removing and reserving paragraph 
(a)(2).

PART 236--APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE 
ALIENS; REMOVAL OF ALIENS ORDERED REMOVED

0
43. The authority citation for part 236 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1224, 
1225, 1226, 1227, 1231, 1362; 18 U.S.C. 4002, 4013(c)(4); 8 CFR part 
2.


Sec.  236.14  [Amended]

0
44. Section 236.14 is amended by removing the first sentence of 
paragraph (a).

PART 240--PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE 
UNITED STATES

0
45. The authority citation for part 240 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1182, 1186a, 1224, 1225, 1226, 1227, 
1251, 1252 note, 1252a, 1252b, 1362; secs. 202 and 203, Pub. L. 105-
100 (111 Stat 2160, 2193); sec. 902, Pub. L. 105-277 (112 Stat. 
2681); 8 CFR 2.


Sec.  240.63  [Amended]

0
46. Section 240.63 is amended by removing the phrase ``at the 
appropriate Service Center'' in paragraph (c).

PART 244--TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED 
STATES

0
47. The authority citation for part 244 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1254, 1254a note, 8 CFR part 2.

[[Page 26940]]

Sec.  244.7  [Amended]

0
48. Section 244.7 is amended by removing the phrase ``shall be filed 
with the director having jurisdiction over the applicant's place of 
residence'' in paragraph (a) and adding in its place ``must be filed on 
Form I-821, Application for Temporary Protected Status''.

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

0
49. 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.


Sec.  245.2  [Amended]

0
50. Section 245.2 is amended by:
0
a. Removing the phrase ``, and shall be submitted to the director 
having jurisdiction over the applicant's place of residence in the 
United States'' in the second sentence in paragraph (b);
0
b. Removing the third sentence in paragraph (b);
0
c. Removing the word ``his'' in the fourth sentence of paragraph (b) 
and adding in its place ``the'';
0
d. Removing the phrase ``with the director having jurisdiction over the 
applicant's place of residence'' in the first sentence in paragraph 
(c);
0
e. Removing the phrase ``the director'' in the third sentence of 
paragraph (c) and adding in its place ``USCIS'';
0
f. Removing the phrase ``by the director'' in the fifth sentence of 
paragraph (c).


Sec.  245.7  [Amended]

0
51. Section 245.7 is amended by removing the phrase ``with the director 
having jurisdiction over the applicant's place of residence'' from the 
first sentence of paragraph (a).


Sec.  245.8  [Amended]

0
52. Section 245.8 is amended by removing the phrase ``with the director 
having jurisdiction over the applicant's place of residence'' from the 
first sentence of paragraph (a).


Sec.  245.12  [Amended]

0
53. Section 245.12 is amended by removing the phrase ``, with the 
Service director having jurisdiction over the applicant's place of 
residence'' in paragraph (a)(1).

PART 248--CHANGE OF NONIMMIGRANT CLASSIFICATION

0
54. The authority citation for part 248 continues to read as follows:

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


Sec.  248.3  [Amended]

0
55. Section 248.3 is amended by removing the phrase ``, to the Nebraska 
Service Center'' in paragraph (d).

PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED 
STATES

0
56. The authority citation for part 264 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1201, 1303-1305; 8 CFR part 2.


Sec.  264.2  [Amended]

0
57. Section 264.2 is amended by removing the phrase ``to the Service 
office having jurisdiction over the applicant's place of residence in 
the United States'' in paragraph (a) and adding in its place ``on Form 
I-485 in accordance with the instructions on the form and paragraph (c) 
of this section''.

0
58. Section 264.5 is amended by revising the first sentence in 
paragraph (e)(2)(i) to read as follows:


Sec.  264.5  Application for a replacement Permanent Resident Card.

    (e) * * *
    (2) * * *
    (i) Form I-90 must be filed in accordance with the instructions on 
the form. * * *
* * * * *

PART 274A--CONTROL OF EMPLOYMENT OF ALIENS

0
59. The authority citation for part 274A continues to read as follows:

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


Sec.  274a.13  [Amended]

0
60. Section 274a.13 is amended by:
0
a. Removing the phrase ``with the director having jurisdiction over 
applicant's residence, or the director having jurisdiction over the 
port of entry at which the alien applies, or with such other Service 
office as the Commissioner may designate'' in the first sentence of 
paragraph (a)(1) and add in its place ``, Application for Employment 
Authorization'';
0
b. Removing the phrase ``the director or such other officer as the 
Commissioner may designate'' in the second sentence in paragraph (a)(1) 
and adding in its place ``USCIS'';
0
c. Removing the phrase ``with the appropriate Service Center or with 
such other Service office as the Commissioner may designate'' in the 
first and last sentences in paragraph (a)(2);
0
d. Removing the phrase ``the district director'' in the first sentence 
of paragraph (d) and adding in its place ``USCIS'';
0
e. Removing the phrase ``the INS'' in the first sentence of paragraph 
(d) and adding in its place ``USCIS''.

PART 301--NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

0
61. The authority citation for part 301 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1401; 8 CFR part 2.


Sec.  301.1  [Amended]

0
62. In section 301.1, paragraph (a)(1) is amended by removing the term 
``Service'' in the first and last sentences and adding in its place 
``USCIS'', and by removing the second sentence.

PART 316--GENERAL REQUIREMENTS FOR NATURALIZATION

0
63. The authority citation for part 316 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1181, 1182, 1427, 1443, 1447; 8 CFR 
part 2.


Sec.  316.3  [Removed and Reserved]

0
64. Section 316.3 is removed and reserved.

PART 320--CHILD BORN OUTSIDE THE UNITED STATES AND RESIDING 
PERMANENTLY IN THE UNITED STATES; REQUIREMENTS FOR AUTOMATIC 
ACQUISITION OF CITIZENSHIP

0
65. The authority citation for part 320 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1443; 8 CFR part 2.


Sec.  320.3  [Amended]

0
66. Section 320.3 is amended by removing the fourth sentence in 
paragraph (a).

PART 322--CHILD BORN OUTSIDE THE UNITED STATES; REQUIREMENTS FOR 
APPLICATION FOR CERTIFICATE OF CITIZENSHIP

0
67. The authority citation for part 322 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1443; 8 CFR part 2.


Sec.  322.3  [Amended]

0
68. Section 322.3 is amended by removing the third sentence in 
paragraph (a).

[[Page 26941]]

PART 324--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: WOMEN 
WHO HAVE LOST UNITED STATES CITIZENSHIP BY MARRIAGE AND FORMER 
CITIZENS WHOSE NATURALIZATION IS AUTHORIZED BY PRIVATE LAW

0
69. The authority citation for part 324 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1435, 1443, 1448, 1101 note.


Sec.  324.2  [Amended]

0
70. Section 324.2 is amended by removing the final sentence of 
paragraph (b).


Sec.  324.3  [Amended]

0
71. Section 324.3 is amended by:
0
a. Removing the phrase ``the office of the Service having jurisdiction 
over her place of residence as evidence of her desire to take the 
oath'' in paragraph (b)(1) and adding in its place ``USCIS in 
accordance with the instructions on the form.'';
0
b. Removing the phrase ``the district director'' in paragraph (b)(2) 
and adding in its place ``USCIS'';
0
c. Removing the phrase ``the Service'' in paragraph (b)(2) and adding 
in its place ``USCIS''.


Sec.  324.4  [Amended]

0
72. Section 324.4 is amended by removing the phrase ``office of the 
Service'' and adding in its place ``USCIS office''.


Sec.  324.5  [Amended]

0
73. Section 324.5 is amended by removing the phrase ``the Service'' 
wherever it appears and adding in its place ``USCIS''.

PART 327--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: 
PERSONS WHO LOST UNITED STATES CITIZENSHIP THROUGH SERVICE IN ARMED 
FORCES OF FOREIGN COUNTRY DURING WORLD WAR II

0
74. The authority citation for part 327 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1438, 1443.


Sec.  327.2  [Amended]

0
75. Section 327.2 is amended by removing the phrase ``, to the Service 
office having jurisdiction over the applicant's place of residence'' in 
the first sentence of paragraph (a).

PART 328--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: 
PERSONS WITH THREE YEARS' SERVICE IN ARMED FORCES OF THE UNITED 
STATES

0
76. The authority citation for part 328 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1439, 1443.


Sec.  328.3  [Removed and Reserved]

0
77. Section 328.3 is removed and reserved.

PART 329--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: 
NATURALIZATION BASED UPON ACTIVE DUTY SERVICE IN THE UNITED STATES 
ARMED FORCES DURING SPECIFIED PERIODS OF HOSTILITIES

0
78. The authority citation for part 329 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1440, 1443; 8 CFR part 2.


Sec.  329.3  [Removed and Reserved]

0
79. Section 329.3 is removed and reserved.


Sec.  329.5  [Amended]

0
80. Section 329.5 is amended by removing and reserving paragraph (c).

PART 330--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: SEAMEN

0
81. The authority citation for part 330 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1443.


Sec.  330.2  [Amended]

0
82. Section 330.2 is amended by adding a period immediately after the 
phrase ``An applicant for naturalization under section 330 of the Act 
must submit an Application for Naturalization, Form N-400'' and 
removing the remaining text in paragraph (a).

PART 334--APPLICATION FOR NATURALIZATION

0
83. The authority citation for part 334 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1443.


Sec.  334.1  [Amended]

0
84. Section 334.1 is amended by removing the phrase ``at the Service 
office indicated in the appropriate part of this chapter'' and adding 
in its place ``in accordance with the instructions on the form''.


Sec.  334.11  [Amended]

0
85. Section 334.11 is amended by removing the phrase ``with the Service 
office having jurisdiction over the applicant's place of residence in 
the United States'' from the second sentence of paragraph (a).

PART 392--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: 
PERSONS WHO DIE WHILE SERVING ON ACTIVE DUTY WITH THE UNITED STATES 
ARMED FORCES DURING CERTAIN PERIODS OF HOSTILITIES

0
86. The authority citation for part 392 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1440 and note, and 1440-1; 8 CFR part 
2.


Sec.  392.3  [Amended]

0
87. Section 392.3(b)(1), is amended by adding a period immediately 
after the phrase ``An application for posthumous citizenship must be 
submitted by mail on Form N-644'' and removing the remaining text from 
the first sentence and removing the second sentence.

Janet Napolitano,
Secretary.
[FR Doc. E9-13014 Filed 6-4-09; 8:45 am]
BILLING CODE 9111-97-P