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Determination of Public Charges for Legalization Benefits, Amendment [59 FR 1470 - 1471][FR 8-94]
FEDERAL REGISTER CITE:
59 FR 1470 - 1471
January 11, 1994
BILLING CODE 4410-10-M
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1618-93]
Determination of Public Charges for Legalization
Immigration and Naturalization Service, Justice.
This rule amends the regulations of the Immigration and Naturalization Service (Service) relating to applications for lawful temporary residence under section 245A of the Immigration and Nationality Act. Specifically, this rule amends the special rule for determination of public charge to provide that aliens who are self-supporting despite earning income below the poverty level may be admissible without having to apply for a waiver of inadmissibility under 8 CFR 245a.2(k) (2).
January 11, 1994.
FOR FURTHER INFORMATION CONTACT:
Jane Gomez, Senior Immigration Examiner, Immigration and Naturalization Service, room 7223, 425 I Street, NW., Washington, DC 20536, Telephone: (202) 514-5014.
On August 27, 1993, the Immigration and Naturalization Service published in the Federal Register at 58 FR 45235-45236, an interim rule with request for comments to amend 8 CFR part 245a. The interim rule was issued to remove language that had been inadvertently added in a previous final rule which was published in the Federal Register on July 12, 1989, at 54 FR 29449. Specifically, the interim rule clarified that persons described in the special rule for determination of public charge are in fact admissib
le without having to apply for a waiver of inadmissibility. The Service received two comments on the interim rule, both of which viewed the amendment favorably, noting that the amendment brought the regulation in conformity with section 245A of the Immigration and Nationality Act.
In accordance with 5 U.S.C. 605(b), the Commissioner certifies that this rule will not have a significant adverse economic impact on a substantial number of small entities. This rule provides a benefit for individual aliens.
It does not affect small entities. This rule is not significant within the meaning of section 3(f) of Executive Order 12866, nor does this rule have Federalism implications warranting the preparation of a Federalism Assessment in accordance with Executive Order 12612.
List of Subjects in 8 CFR Part 245a
Administrative practice and procedure, Aliens, Immigration, Reporting and recordkeeping requirements.
Accordingly, the interim rule amending part 245a of chapter I of title 8 of the Code of Federal Regulations which was published at 58 FR 45235-45236 on August 27, 1993, is adopted as a final rule without change.
Decmeber 30, 1993
Commissioner,Immigration and Naturalization Service.