[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Rules and Regulations]
[Page 65165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17400]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 
 ========================================================================
 

  Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Rules 
and Regulations  

[[Page 65165]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 212

[CIS No. 2780-24; DHS Docket No. USCIS-2009-0022]
RIN 1615-AB83


Immigration Benefits Business Transformation, Increment I; 
Corrections

AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department 
of Homeland Security (DHS).

ACTION: Final rule; correcting amendments.

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

SUMMARY: On August 29, 2011, the Department of Homeland Security 
published a final rule titled ``Immigration Benefits Business 
Transformation, Increment I,'' which, in part, amended DHS regulations 
to remove references to form numbers and titles. Two of the amendatory 
instructions were inadvertently not followed, resulting in errors in 
the Code of Federal Regulations (CFR). This document describes those 
errors and corrects the CFR to incorporate the amendments as instructed 
in the 2011 final rule. This action makes no substantive regulatory 
changes.

DATES: August 9, 2024.

FOR FURTHER INFORMATION CONTACT: Samantha Deshommes, Chief, Regulatory 
Coordination Division, Office of Policy and Strategy, U.S. Citizenship 
and Immigration Services, Department of Homeland Security, 5900 Capital 
Gateway Drive, Camp Springs, MD 20746; telephone 240-721-3000 (this is 
not a toll-free number).

SUPPLEMENTARY INFORMATION: 
    The Immigration Benefits Business Transformation, Increment I final 
rule \1\ included two amendments to 8 CFR 212.2 that were incorrectly 
incorporated into the CFR. Specifically, the instruction numbered 64 
stated that 8 CFR 212.2 would be amended to revise the term ``the Form 
I-212'' or ``Form I-212'' to read as ``the application'' wherever it 
appeared in the listed paragraphs, including paragraph (f) and 
paragraph (i)(2).\2\ However, the resulting amendments to the CFR were 
incomplete, as described in the following paragraphs.
---------------------------------------------------------------------------

    \1\ See 76 FR 53764 (Aug. 29, 2011); see also 76 FR 73475 (Nov. 
29, 2011) (making correcting amendments); 78 FR 22770 (Apr. 17, 
2013) (same).
    \2\ See 76 FR at 53786. ``Form I-212'' refers to Form I-212, 
Application for Permission to Reapply for Admission into the United 
States After Deportation or Removal.
---------------------------------------------------------------------------

    In accordance with these instructions, the sentence in former 8 CFR 
212.2(f) that read, ``The alien must file the Form I-212, where 
required, with the DHS officer having jurisdiction over the port of 
entry,'' \3\ should have been revised to read, ``The alien must file 
the application, where required, with the DHS officer having 
jurisdiction over the port of entry.'' However, 8 CFR 212.2(f) was 
erroneously amended to remove ``Form I-212'' without incorporating 
``application.'' As a result, the current provision has a blank space 
and reads, ``The alien must file the, where required, with the DHS 
officer having jurisdiction over the port of entry.'' \4\
---------------------------------------------------------------------------

    \3\ See 8 CFR 212.2(f) (2011).
    \4\ See 8 CFR 212.2(f).
---------------------------------------------------------------------------

    The instructions also sought to amend 8 CFR 212.2(i)(2) by 
replacing ``Form I-212'' with ``the application'' in the two instances 
in which it appeared in that paragraph.\5\ However, only one instance 
was amended, resulting in the provision now reading, ``If the alien 
filed Form I-212 in conjunction with an application for adjustment of 
status under section 245 of the Act, the approval of the application 
shall be retroactive to the date on which the alien embarked or 
reembarked at a place outside the United States.'' \6\
---------------------------------------------------------------------------

    \5\ See 8 CFR 212.2(i)(2) (2011).
    \6\ See 8 CFR 212.2(i)(2).
---------------------------------------------------------------------------

    This document corrects these errors in the CFR.
    DHS has good cause to bypass any notice-and-comment or delayed 
effective date procedures that might otherwise apply to this document 
under the Administrative Procedure Act. DHS has for good cause found 
that such procedures would be unnecessary, see 5 U.S.C. 553(b)(B), (d), 
because this rule merely corrects typographical errors in the CFR.

List of Subjects in 8 CFR Part 212

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

    Accordingly, for the reasons set forth in the preamble, 8 CFR part 
212 is amended as follows:

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

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

    Authority:  6 U.S.C. 111, 202(4) and 271; 8 U.S.C. 1101 and 
note, 1102, 1103, 1182 and note, 1184, 1185 note (sec. 7209, Pub. L. 
108-458, 118 Stat. 3638), 1187, 1223, 1225, 1226, 1227, 1255, 1359; 
8 CFR part 2. Section 212.1(q) also issued under sec. 702, Pub. L. 
110-229, 122 Stat. 754, 854.

    Section 212.1(q) also issued under section 702, Public Law 110-
229, 122 Stat. 754, 854.


0
2. Amend Sec.  212.2 by revising the last sentence in paragraph (f) and 
paragraph (i)(2). The revisions read as follows:


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

* * * * *
    (f) * * * The alien must file the application, where required, with 
the DHS officer having jurisdiction over the port of entry.
* * * * *
    (i) * * *
    (2) If the alien filed the application in conjunction with an 
application for adjustment of status under section 245 of the Act, the 
approval of the application shall be retroactive to the date on which 
the alien embarked or reembarked at a place outside the United States.
* * * * *

Christina E. McDonald,
Associate General Counsel for Regulatory Affairs, U.S. Department of 
Homeland Security.
[FR Doc. 2024-17400 Filed 8-8-24; 8:45 am]
BILLING CODE 9111-97-P