Delay of Effective Date for Establishment of Form I-551, Alien Registration Receipt Card, as the Exclusive Form of Registration for Lawful Permanent Resident Aliens [60 FR 14353][FR 32-95]

DOCUMENT NUMBER: FR 32-95

FEDERAL REGISTER CITE: 60 FR 14353

DATE PUBLISHED: March 17, 1995

BILLING CODE 4410-10-M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 204 , 211 , 235 , 251 , 252 , 274a , 299 , 316 and 334

[INS No. 1703-95]

RIN 1115-AD81

Delay of Effective Date for Establishment of Form I-551, Alien

Registration Receipt Card, as the Exclusive Form of Registration

for Lawful Permanent Resident Aliens

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule; delay of effective dates.

SUMMARY: The Immigration and Naturalization Service ("the Service") is delaying the effective date of a final rule previously published in the Federal Register on September 20, 1993, at 58 FR 48775 - 48780, which provided, inter alia, for the termination of the validity of the Form I-151, Alien Registration Receipt Card.

EFFECTIVE DATE: Effective March 17, 1995, the effective date for the regulation published on September 20, 1993, amending 8 CFR Parts 204, 211, 235, 251, 252, 274a, 299, 316, and 334, is delayed until March 20, 1996.

FOR FURTHER INFORMATION CONTACT: Gerard Casale, Senior Adjudications Officer, Immigration and Naturalization Service, Room 3214, 425 I Street NW., Washington, DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION:

Background

On September 20, 1993, the Service published a final rule in the Federal Register at 58 FR 48775 - 48780, establishing the Form I-551, Alien Registration Receipt Card, as the exclusive form of registration for lawful permanent residence, and terminating the validity of the old Form I-151, Alien Registration Receipt Card. In addition, the final rule provided procedures by which a lawful permanent resident alien in possession of a Form I-151 or a prior alien registration document, such as the Form AR-3 or AR-103, could replace these documents with the current Form I-551. The effective d ate of the amendments to 8 CFR part 264 concerning application procedures became effective on October 20, 1993. The final rule also provided that the effective date for the removal of references to the Form I-151 from 8 CFR parts 204, 211, 223, 235, 251, 252, 274a, 299, 316, and 334 would be September 20, 1994, on which date the validity of the Form I-151 would officially terminate. On September 14, 1994, the Service published a final rule in the Federal Register at 59 FR 47063, which extended the validity of the I-151 by delaying the effective date of the amendments to 8 CFR parts 204, 211, 223, 235, 251, 252, 274a, 299, 316, and 334, until March 20, 1995. This rule further extends the validity of the I-151 by delaying the effective date of the amendments to 8 CFR parts 204, 211, 235, 251, 252, 274a, 299, 316, and 334, until March 20, 1996. Delaying the effective date of the amendment to 8 CFR 223 is not necessary since, pursuant to a final rule published on Janu ary 11, 1994, at 59 FR 1455 - 1466, that part no longer contains a reference to Form I-151.

This delay in the effective date is necessary in order to minimize the possibility that lawful permanent resident aliens who apply for either a replacement Form I-551 card or for naturalization prior to March 20, 1995, as a result of the I-151 replacement program, will not have had their applications adjudicated before their old registration cards expire. The I-151 replacement program will terminate on March 20, 1995. Any application for a replacement I-551 card or for naturalization filed by the bearer o f a Form I-151 or prior alien registration document after that date will not be considered as having been filed pursuant to the I-151 replacement program. Applicants who wait until after March 20, 1995, to replace their cards or to apply for naturalization assume a much greater risk of being inconvenienced in the event that their applications are not adjudicated prior to the expiration of the Form I-151 on March 20, 1996. Accordingly, lawful permanent resident aliens in possession of a Form I-151 or prior alien registration document issued before 1979 who have not already applied to replace that card with a Form I-551 or for naturalization are urged to apply without delay. For the convenience of the public, these application forms may be ordered by telephone, toll-free, by calling: 1-800-755-0777.

The implementation of this rule as a final rule is based upon the "good cause" exception found at 5 U.S.C. 553(b)(B) and (d)(3). The reason for the immediate implementation of this final rule is as follows: A notice and comment period for a proposed rule is impracticable and contrary to the public interest. Absent an extension of the validity of the Form I-151, several aliens who have applied for replacement I-551 cards or for naturalization pursuant to the I-151 replacement program would no longer have v alid evidence of their status after March 20, 1995. Accordingly, this regulation affords a benefit rather than a burden or penalty of any kind on affected persons.

March 10, 1995 _________________ Dated:

Signed _______________________________ Doris Meissner, Commissioner,Immigration and Naturalization Service.