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Immigrant Petitions; children of Widows or Widowers [61 FR 7206] [FR 9-96]
FEDERAL REGISTER CITE:
61 FR 7206
February 27, 1996
BILLING CODE 4410-10-M
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1690-95]
Immigrant Petitions; Children of Widows or Widowers
Immigration and Naturalization Service, Justice.
This rule adopts without change an interim rule published in the Federal Register on July 31, 1995, by the Immigration and Naturalization Service ("the Service"), which amended the Service's regulations by providing clarifying language and procedures for according immigrant status to children of widows or widowers who were not previously eligible for immigration benefits as derivative immediate relatives. This rule was necessary to enhance family well-being by promoting the family unity relationship betw
een the child and his or her widowed mother or father.
This final rule is effective February 27, 1996.
FOR FURTHER INFORMATION CONTACT:
Ramonia Law-Hill, Senior Adjudications Officer, Adjudications Division, Immigration and Naturalization Service, 425 "I" Street, NW., Room 3214, Washington, DC 20536, telephone (202) 514-5014.
On July 31, 1995, the Commissioner of the Immigration and Naturalization Service published in the Federal Register at 60 FR 38947-38948 an interim rule with request for comments. The rule implemented section 219(b) of the Immigration and Nationality Technical Corrections Act of 1994, Public Law 103-416, dated October 25, 1994. The rule enabled the child of a widow or widower to be included in the widow or widower's petition and to accompany or follow to join the widow or widower to the United States as
a derivative immediate relative. The rule enhanced family well-being by promoting the family relationship between the child and his or her widowed mother or father.
The public was provided with a 60-day comment period which ended on September 29, 1995. No comments were received. Accordingly, the Service is adopting the interim rule as a final rule without change.
Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Commissioner of the Immigration and Naturalization Service, certifies that this rule will not have a significant economic impact on a substantial number of small entities. This rule merely adopts without change an interim rule which has been in effect since July 31, 1995.
Executive Order 12866
This rule is not considered by the Department of Justice, Immigration and Naturalization Service, to be a "significant regulatory action" under Executive Order 12866, section 3(f), Regulatory Planning and Review, and the Office of Management and Budget has waived its review process under section (6)(a)(3)(A).
Executive Order 12612
The regulation will not have a substantial direct effect on the States, on the relationships 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 Executive Order 12612, it is determined that this rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment.
This regulation will enhance family well-being by promoting the family unity relationship between the child and his or her mother or father.
List of Subjects in 8 CFR Part 204
Administrative practice and procedure, Aliens, Immigration, Petitions.
Accordingly, the interim rule amending 8 CFR part 204 which was published in the Federal Register on July 31, 1995, at 60 FR 38947-38948 is adopted as a final rule without change.
February 16, 1996
Commissioner,Immigration and Naturalization Service.