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FR Regulations and Notices
Interim Regulation Precludes 212(h) Waivers for Most "Violent" Crimes
INS interim rule precluding 212(h) waivers where the application "involves a violent or dangerous crime", except in extraordinary circumstances. Comments due 1/27/03. Rule was originally proposed as part of the Indochinese Adjustment regulations. (67 FR 78675, 12/26/02) AILA Doc. No. 02122642.
AILA Doc. No. 02122642.
INS Finalizes Indochinese Adjustment Regulations
INS finalizes the regulation allowing certain individuals from Vietnam, Camodia and Laos to adjust status. The application period begins 1/27/03. (67 FR 78667, 12/26/02) AILA Doc. No. 02122643.
AILA Doc. No. 02122643.
Armenia Removed from Call-In Special Registration List
INS revised version of a notice originally published 12/16/02 to delete Armenia from the list of additional countries subject to the NSEERS call-in registration. Saudi Arabia and Pakistan remain on the list. (67 FR 77641, 12/18/02) AILA Doc. No. 02121840.
AILA Doc. No. 02121840.
Armenia, Pakistan & Saudi Arabia Added to Special Registration Call-In Program
INS notice requiring nonimmigrant males aged 16 or older from Saudi Arabia, Pakistan and Armenia who entered the U.S. on or before 9/30/02 to appear for NSEERS registration between 1/13/03 and 2/21/03. (67 FR 77135, 12/16/02) AILA Doc. No. 02121643.
AILA Doc. No. 02121643.
INS Finalizes SEVIS Regulations
INS final rule governing the retention and reporting of information regarding F, J, and M nonimmigrants. Among other things, the rule implements usage of the Student and Exchange Visitor Information System (SEVIS). (67 FR 76255, 12/11/02) AILA Doc. No. 02121143.
AILA Doc. No. 02121143.
INS Interim Rule Terminates Use of Non-Biometric Border Crossing Card
INS interim rule establishes procedures to terminate the use of current non-biometric BCCs and clarifies the validity period of waivers of inadmissibility issued under 8 CFR § 212.4. The rule took effect retroactive to 10/1/02. (67 FR 71443, 12/2/02). AILA Doc. No. 02120270.
AILA Doc. No. 02120270.
INS Notice Expanding the Expedited Removal Program
INS notice expanding the expedited removal program to cover aliens who arrive in the U.S. by sea and who are not admitted or paroled. The notice takes effect immediately. (67 FR 68923, 11/13/02) AILA Doc. No. 02111341.
AILA Doc. No. 02111341.
Persons Already Present in U.S. Subjected to Special Registration
Males aged 16 or older from the 5 countries designated for Special Registration, who were already present in the U.S. before the date the special registration requirements went into effect, are required to appear before INS for registration. (67 FR 66765, 11/6/02) AILA Doc. No. 02110670.
AILA Doc. No. 02110670.
INS Corrects LIFE Legalization Rule
The INS has published a notice in the Federal Register making technical corrections to a 6/4/02 final rule (67 FR 38341) that implemented the adjustment of status application procedures under the LIFE Act’s ‘late legalization’ provisions. (67 FR 66532, 11/1/02) AILA Doc. No. 02110542.
AILA Doc. No. 02110542.
Extension of TPS for Sierra Leone
INS has extended temporary protected status (TPS) for nationals of Sierra Leone for another year, through 11/02/03. The 60-day re-registration period runs from 10/31/02 through 12/30/02. (67 FR 66423, 10/31/02) AILA Doc. No. 02103140.
AILA Doc. No. 02103140.
INS Seeks to Use I-589 as Alternate EAD Application
INS has requested emergency approval from the OMB to use the Form I-589 to serve as an alternate application for evidence of employment authorization for individuals granted asylum, eliminating the need to file a separate I-765. (67 FR 64911, 10/22/02) AILA Doc. No. 02102235.
AILA Doc. No. 02102235.
INS Interim Rule Specifing Data Required to be Transmitted by Carriers of VWP Passengers
INS interim rule specifing the passenger data elements that must be electronically transmitted to the INS by carriers seeking to transport Visa Waiver Program (VWP) passengers into and out of the U.S. The rule took effect upon publication. (67 FR 63246, 10/11/02) AILA Doc. No. 02101541.
AILA Doc. No. 02101541.
INS Proposed Rule Would Implement Process for the Certification of Foreign Health Care Workers
INS proposed rule on a process for the certification of foreign health care workers under INS §§212(a)(5)(C) and (r), and add a requirement that all nonimmigrants coming to the U.S. to work as health care workers be required to submit a certification. (67 FR 63313, 10/11/02) AILA Doc. No. 02101141.
AILA Doc. No. 02101141.
INS Withdraws Agricultural Worker Regulation
Following the Dept. of Labor's similar action on 9/24/02, INS withdraws a long-deferred regulation that would have allowed DOL to adjudicate agricultural worker H-2A petitions. (67 FR 61568, 10/1/02) AILA Doc. No. 02100141.
AILA Doc. No. 02100141.
INS Designates Ports for Special Registrant Departures
INS provides a list of 68 ports through which nonimigrants subject to Special Registration can depart. They are not permitted to use any other ports for departure. (67 FR 61352, 9/30/02) AILA Doc. No. 02093045.
AILA Doc. No. 02093045.
INS Interim Rule Requiring Re-Certification of All Schools
INS interim rule requires all F and M schools to apply on Form I-17 for re-authorization to issue I-20 forms. Re-authorization will be a pre-requisite to SEVIS participation, which in turn is a pre-requisite for continued issuance of I-20s. (67 FR 60107, 9/25/02) AILA Doc. No. 02092731.
AILA Doc. No. 02092731.
Five Countries Designated for Special Registration
Official copy of the Federal Register notice designating Iran, Iraq, Libya, Sudan and Syria as countries whose nationals/citizens are subject to special registration. The designations are effective 9/11/02. (67 FR 57032 9/6/02) AILA Doc. No. 02090631.
AILA Doc. No. 02090631.
INS Rule Assists Part-time Commuter Students
INS interim rule allows Mexican and Canadian commuter students to study on a part-time basis, within the F-1 or M-1 NIV category, at schools located within 75 miles of the U.S. border. The rule took effect upon publication. Comments are due by 10/28/02. (67 FR 54941, 8/27/02) AILA Doc. No. 02082841.
AILA Doc. No. 02082841.
INS Seeks Comments on Revised Form I-690
The INS has sent a revision to Form I-690, Application of Waiver of Grounds of Excludability, to the OMB for review under the Paperwork Reduction Act. Comments will be accepted through 9/5/02. (67 FR 50900, 8/6/02) AILA Doc. No. 02081345.
AILA Doc. No. 02081345.
INS Seeks Comments on its Case Status Service Online Initiative
The INS is proposing an electronic website that would allow individuals or their representatives to request certain types of case status information online. Comments on the proposal will be accepted through 10/15/02. (67 FR 52746, 8/13/02) AILA Doc. No. 02081344.
AILA Doc. No. 02081344.
Proposed Rule Would Extend § 212(c) Eligibility in Certain Cases
A joint INS/EOIR proposed rule would allow certain LPRs who pled guilty or nolo contendere to crimes before 4/1/97 to seek relief pursuant to former INA § 212(c), in light of the Supreme Court’s ruling in
INS v. St. Cyr.
(67 FR 52627, 8/13/02) AILA Doc. No. 02081341.
AILA Doc. No. 02081341.
INS Sends Several Forms to OMB for Review Under the PRA
INS proposes to extend the validity of several existing forms including the: I-854, I-129S, I-190, and I-94. Also INS proposes to revise the Certificate for Health Care Benefits. All have been sent to the OMB for review under the Paperwork Reduction Act. (67 FR 50465, 8/2/02) AILA Doc. No. 02081244.
AILA Doc. No. 02081244.
INS Finalizes Alien Registration Rule
INS final rule that requires certain nonimmigrants to undergo various registration processes, and imposes sanctions on those who do not follow the processes. (67 FR 52583, 8/12/02) AILA Doc. No. 02081245.
AILA Doc. No. 02081245.
Extension of TPS for Somalia
INS has extended temporary protected status (TPS) for nationals of Somalia for another year, through 9/17/03. The 60-day re-registration period runs from 7/26/02 through 9/24/02. (67 FR 48950, 7/26/02) AILA Doc. No. 02080540.
AILA Doc. No. 02080540.
INS Rule Allows for Concurrent Filing of I-140 and I-485
INS interim rule provides that I-140s and I-485s may now be filed concurrently when a visa number is immediately available. Eligible individuals with I-140 petitions pending on 7/31/02 may now file the I-485 and associated forms. (67 FR 49561 7/31/02). AILA Doc. No. 02073171.
AILA Doc. No. 02073171.
INS Rule Would Require Address Notification
INS proposed rule to require applicants for immigration benefits to provide a valid current address, including any change of address, within 10 days of the change. In abstensia removal orders could flow from failure to so provide. (67 FR 48818 7/26/02). AILA Doc. No. 02072604.
AILA Doc. No. 02072604.
Extension of TPS for Montserrat
INS has extended temporary protected status (TPS) for nationals of Montserrat for another year, through 8/27/03. The notice includes procedures for re-registration. (67 FR 47002, 7/17/02). AILA Doc. No. 02072205.
AILA Doc. No. 02072205.
Extension of TPS for El Salvadora
INS notice extending the designation of El Salvador under the Temporary Protected Status (TPS) program for another 12 months, though 9/9/03. The notice also extends through 3/9/03 the employment authorization documents (EADs) of re-registrants. (67 FR 46000, 7/11/02) AILA Doc. No. 02071140.
AILA Doc. No. 02071140.
Proposed Rule Would Provide for Adjustment of Status for Certain Indochinese Parolees
INS proposed rule would implement § 586 of PL 106-429 to provide for the adjustment of status of certain nationals of Vietnam, Cambodia, and Laos who were paroled into the U.S. before 10/1/97 and who are otherwise eligible to receive an immigrant visa. (57 FR 45402, 7/9/02) AILA Doc. No. 02070940.
AILA Doc. No. 02070940.
INS Begins SEVIS Preliminary Enrollment
INS interim rule implementing the first phase of the certification process for access to the Student and Exchange Visitor Information System (SEVIS). The rule allows eligible schools to enroll preliminarily in SEVIS provided they meet the criteria. (67 FR 44343, 7/1/02) AILA Doc. No. 02070342.
AILA Doc. No. 02070342.
INS Finalizes LIFE Legalization Regs.; Filing Deadline Extended
INS final rule implementing the adjustment of status application procedures under the LIFE Act’s ‘late legalization’ provisions. The filing deadline is extended to 6/4/03, and makes various other changes based on comments received to the interim rule. (67 FR 38341, 6/4/02). AILA Doc. No. 02060431.
AILA Doc. No. 02060431.
INS Proposes Rule Relating to Receipt of Honoraria by B Nonimmigrants
An INS proposed rule would add a new INA §212(q), relating to the acceptance of academic honoraria by B nonimmigrant visitors. The rule would implement §431 of the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (P.L. 105-277). (67 FR 37727, 5/30/02). AILA Doc. No. 02053141.
AILA Doc. No. 02053141.
INS Reopens Comment Period for User Fee Proposed Rule
INS has reopened the comment period for a 4/3/02, proposed rule that would implement a $3 user fee for certain commercial vessel passengers, as promulgated in the FY2002 DOJ Appropriations Act. Comments to the rule are now due by May 28. (67 FR 34414, 5/14/02). AILA Doc. No. 02051742.
AILA Doc. No. 02051742.
INS Proposes Rule and Correction Governing Foreign Student Reporting
INS proposed rule governing the retention and reporting of information regarding F, J, and M nonimmigrants. The rule would implement usage of the Student and Exchange Visitor Information System (SEVIS). 67 FR 36676 (5/24/02) (67 FR 34862, 5/16/02). AILA Doc. No. 02051743.
AILA Doc. No. 02051743.
Extension of EADs for Honduran and Nicaraguan TPS Beneficiaries
(63 KB - 5/3/2002)
INS extends, until December 5, 2002, the validity of employment authorization documents (EADs) issued to Honduran and Nicaraguan nationals under the extension of the TPS program, pending receipt of their new EADs. (67 FR 22450, 5/3/02) AILA Doc. No. 02050343.
AILA Doc. No. 02050343.
Extension of TPS for Nicaragua
(71 KB - 5/3/2002)
INS announces the extension of the designation of Nicaragua under the Temporary Protected Status (TPS) Program. TPS for Nicaraguans will now expire on July 5, 2003(67 FR 22454), 5/3/02. AILA Doc. No. 02050342.
AILA Doc. No. 02050342.
Extension of TPS for Honduras
(84 KB - 5/3/2002)
INS announces the extension of the designation of Honduras under the Temporary Protected Status (TPS) Program. TPS for Honduras will now expire on July 5,2003 (67 FR 22451 5/3/02). AILA Doc. No. 02050340.
AILA Doc. No. 02050340.
INS Rule Bars Release of Detainee Information
INS interim rule barring the public release of information on INS detainees by any non-federal provider of detention services, and clarifying that all such requests for information be directed to the INS. The rule is retroactive to April 17, 2002. (67 FR 19508, 4/22/02) AILA Doc. No. 02042231.
AILA Doc. No. 02042231.
INS Proposed Rule Would Change Period of Admission for B-1/B-2 Visitors
INS proposed rule that would eliminate the minimum admission period for B-2 nonimmigrant visitors, reduce the maximum admission period for B-1 and B-2 visitors, and restrict B visitors' ability to extend stay or change to student status. (67 FR 18065, 4/12/02). AILA Doc. No. 02041233.
AILA Doc. No. 02041233.
INS Interim Rule Requiring Change to Student Status Prior to Pursuing Course of Study
INS interim rule prohibiting nonimmigrant visitors admitted in B-1 or B-2 status from pursuing a course of study prior to obtaining approval of a change to F-1 or M-1 student status. (67 FR 18061, 4/12/02). AILA Doc. No. 02041232.
AILA Doc. No. 02041232.
INS Proposed Rule to Implement User Fee for Certain Commercial Vessel Passengers
INS proposed rule would implement a $3 user fee for certain commercial vessel passengers, as promulgated in Pub. L. No. 107-77 (the FY 2002 Department of Justice Appropriations Act). Comments to the rule are due by May 3. (67 FR 15753, 4/3/02). AILA Doc. No. 02040337.
AILA Doc. No. 02040337.
INS Increases the Immigration User Fee
INS has amended its regulations at § 286.2(a) by removing the specific immigration user fee amount of $6 and inserting a more general reference to the fee prescribed in INA § 286(d). The FY 2002 budget bill for the agency raised the fee from $6 to $7. (67 FR 15333, 4/1/02). AILA Doc. No. 02040335.
AILA Doc. No. 02040335.
Interim Rule Terminates Argentina’s Participation in the VWP
(41 KB - 2/21/2002)
INS interim rule terminating Argentina’s participation in the Visa Waiver Program, effective February 21, 2002. Accordingly, Argentine nationals will now need to acquire a visa before traveling to the U.S. Comments to the rule are due by 4/22/02. (67 FR 7943, 2/21/02). AILA Doc. No. 02022134.
AILA Doc. No. 02022134.
Extension of TPS for Angola
INS announces the extension of the designation of Angola under the Temporary Protected Status (TPS) Program. TPS for Angola will now expire on March 29, 2003. (67 FR 4997, 2/1/02) AILA Doc. No. 02020732.
AILA Doc. No. 02020732.
INS Publishes T Visa Regulations
INS interim rule on the new T nonimmigrant classification, created by §107(e) of the Trafficking Victims Protection Act of 2000. The rule contains the essential elements that applicants must demonstrate, application procedures and evidentiary guidance. (67 FR 4783, 1/31/02) AILA Doc. No. 02013134.
AILA Doc. No. 02013134.
INS Reopens Comment Period for 1998 Juvenile Processing Rule
The INS has reopened the comment period to a July 24, 1998 proposed rule that would, among other things, establish procedures for processing juveniles in Service custody. Comments under the reopened period are due by March 15, 2002. (67 FR 1670, 1/14/02) AILA Doc. No. 02011634.
AILA Doc. No. 02011634.
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