DOS Rule on 212(o)
[Rules and Regulations]
[Page 16686]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap98-8]
[[Page 16686]]
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DEPARTMENT OF STATE
22 CFR Part 40
[Public Notice 2785]
Regulations Pertaining to Both Nonimmigrants and Immigrants Under the Immigration and Nationality Act, as Amended; Failure to Comply With INA
AGENCY: Bureau of Consular Affairs, State.
ACTION: Final rule.
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SUMMARY: The Department is removing the regulation that implemented section 212(o) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(o)). Congress allowed INA 212(o) to sunset as of September 30, 1997. This section, which prohibits the issuance of an immigrant visa to an alien within ninety days following an alien's departure from the U.S. if the alien was not in lawful nonimmigrant status at the time of departure, was intended to encourage adjustment of status applications under INA 245(i).
EFFECTIVE DATE: April 6, 1998.
FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and Regulations Division, 202-663-1203.
SUPPLEMENTARY INFORMATION: On October 11, 1994, the Department published an interim rule [59 FR 51367] to implement section 506(b) of Pub. L. 103-317. This section amended INA 245 to permit qualified immigrants to acquire permanent residence through adjustment of status in the United States even though they entered the United States without inspection or violated their nonimmigrant status after entry. The Act further amended INA 212 by adding subsection ``(o)'', which encouraged eligible aliens to take advantage of the broadened INA 245 adjustment of status provisions by discouraging them from seeking immigrant visa issuance from a U.S. consular post abroad. To induce such aliens to seek adjustment of status rather than visas, Congress imposed a requirement that an immigrant visa applicant be physically absent from the United States for ninety days before an immigrant visa could be issued. Under that amendment, an alien who did depart from the United States would not be eligible to receive an immigrant visa before the 91st day following the departure. The Department finalized this rule in a publication on March 8, 1996 [61 FR 9325].
Final Rule
This final rule removes the Department's regulation at Sec. 40.204 (formerly Sec. 40.104). It is being promulgated as a final rule without public notice and comment based on the exception found at 5 U.S.C. 553(B) since the Department hereby determines that public notice is unnecessary and contrary to the public interest because the regulation eliminated no longer has a statutory basis.
The Regulatory Flexibility Act
Pursuant to section 605(b) of the Regulatory Flexibility Act, the Department has assessed the potential impact of this rule and it has been determined, and the Assistant Secretary for Consular Affairs hereby certifies, that it will not have a significant economic impact on a substantial number of small entities. The rule has no economic effect independent of the statutory requirements already in effect, which it implements.
5 U.S.C. Chapter 8
As required by 5 U.S. C. chapter 8, the Department has screened this rule and determined that it is not a major rule, as defined in 5 U.S.C. 80412.
Paperwork Reduction Act
This rule imposes no reporting or record-keeping action on the public requiring the approval of the Office of Management and Budget under the Paperwork Reduction Act.
E.O. 12988 and E.O. 12866
This rule has been reviewed as required by E.O. 12988 and determined to meet the applicable regulatory standards it describes. Although exempted from E.O. 12866, this rule has been reviewed to ensure consistency with it.
List of Subjects in 22 CFR Part 40 Aliens, Immigration, Passports and Visas
PART 40--[AMENDED]
1. The authority citation for Part 40 continues to read as follows:
Authority: 8 U.S.C. 1104.
Sec. 40.204 [Removed and Reserved]
2 Remove and reserve Sec. 40.204.
Dated: March 26, 1998.Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 98-8921 Filed 4-3-98; 8:45 am]
BILLING CODE 4710-06-P