8 CFR Part 236

    Administrative practice and procedure, Aliens, Immigration.

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

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

    Authority: 8 U.S.C. 1103, 1182, 1224, 1225, 1226, 1227, 1362; sec. 303(b) of Div. C of Pub. L. No. 104-208, 8 CFR part 2.

    2. Section 236.11 is amended by revising the definition “Legalized alien” to read as follows:

§ 236.11 Definitions.

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For purposes of §§ 236.10 to 236.18 only, Legalized alien means an alien who:

    (1) Is a temporary or permanent resident under section 210 or 245A of the Act;

    (2) Is a permanent resident under section 202 of the Immigration Reform and Control Act of 1986 (Cuban/Haitian Adjustment); or

    (3) Is a naturalized U.S. citizen who was a permanent resident under section 210 or 245A of the Act or section 202 of the Immigrant Reform and Control Act of 1986 (IRCA) (Cuban/Haitian Adjustment), and maintained such a status until his or her naturalization.

    3. Section 236.12(a)(2) is revised to read as follows:

§ 236.12 Eligibility.

    (a) * * *

    (2) That as of May 5, 1988, (in the case of a relationship to a legalized alien described in subsection (b)(2)(B) or (b)(2) (C) of section 301 of IMMACT 90) or as of December 1, 1988, (in the case of a relationship to a legalized alien described in subsection (b)(2) (A) of section 301 of IMMACT 90), he or she was the spouse or unmarried child of a legalized alien, and that he or she has been eligible continuously since that time for family-sponsored immigrant status under section 203(a) (1), (2), or (3) or as an immediate relative under section 201 (b)(2) of the Act based on the same relationship.

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    4. Section 236.13 is amended by:

a.     Removing the “or” at the end of paragraph (b);

    b. Removing the period at the end of paragraph (c), and inserting in its place a “; or” ; and by

    c. Adding a new paragraph (d) to read as follows:

§ 236.13 Ineligible aliens.

* * * * *

    (d) An alien who has committed an act of juvenile delinquency (as defined in 18 U.S.C. 5031) which if committed by an adult would be classified as:

    (1) A felony crime of violence that has an element the use or attempted use of physical force against another individual; or

    (2) A felony offense that by its nature involves a substantial risk that physical force against another individual may be used in the course of committing the offense.

    5. Section 236.14(a) is revised to read as follows:

§ 236.14 Filing.

    (a) General . An application for benefits under the Family Unity Program must be filed at the service center having jurisdiction over the alien's place of residence. A Form I-817 Application for Benefits Under the Family Unity Program, must be filed with the correct fee required in § 103.7(b)(1) of this chapter and the required supporting documentation. A separate application with appropriate fee and documentation must be filed for each person claiming eligibility.

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    6. Section 236.15 is amended by revising paragraphs (d), (e), and (f) to read as follows:

§ 236.15 Voluntary departure and eligibility for employment.

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    (d) Employment authorization . An alien granted benefits under the Family Unity Program is authorized to be employed in the United States and will receive an employment authorization document. The validity period of the employment authorization document will coincide with the period of voluntary departure.

    (e) Extension of voluntary departure . An application for an extension of voluntary departure under the Family Unity Program must be filed by the alien on Form I-817 along with the correct fee required in § 103.7(b)(1) of this chapter and the required supporting documentation. The submission of a copy of the previous approval notice will assist in shortening the processing time. An extension may be granted if the alien continues to be eligible for benefits under the Family Unity Program. However, an extension may not be approved if the legalized alien is a lawful per manent resident, or a naturalized U.S. citizen who was a lawful permanent resident under section 210 or 245A of the Act or section 202 of the Immigration Reform and Control Act of 1986 (IRCA), Pub. L. 66-903, and maintained such status until his or her naturalization, and a petition for family-sponsored immigrant status has not been filed on behalf of the applicant. In such case, the Service will notify the alien of the reason for the denial and afford him or her the opportunity to file another Form I-817 o nce the petition, Form I-130, has been filed on his or her behalf. No charging document will be issued for a period of 90 days from the date of the denial.

    (f) Supporting documentation for extension application. Supporting documentation need not include documentation provided with the previous application(s). The extension application shoud only include changes to previous applications and evidence of continuing eligibility since the date of prior approval.

§ 236.18 [Amended]

    7. Section 236.18 is amended by removing the phrase “or who are” from paragraph (a)(2).

PART 274a--CONTROL OF EMPLOYMENT OF ALIENS

    8. The authority citation for part 274a continues to read as follows:

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

§ 274a.12 [Amended]

    9. Section 274a.12 is amended by removing and reserving paragraph (c)(12).

PART 299--IMMIGRATION FORMS

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

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

11. Section 299.1 is amended in the table by revising the entry for Form I-817 to read as follows:

§ 299.1 Prescribed forms.

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Form No.                 Edition date     Title

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I-817........................ 05-30-99     Application for Benefits under the Family Unity Program.

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July 5, 2000 _________________ Dated:

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