[Federal Register Volume 73, Number 141 (Tuesday, July 22, 2008)]
[Notices]
[Pages 42586-42590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16521]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2435-07; DHS Docket No. USCIS-2007-0061]
RIN 1615-ZA66
Domestic Violence Guidance Pamphlet for K Nonimmigrants
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
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SUMMARY: U.S. Citizenship and Immigration Services is soliciting
comments from the public on a pamphlet discussing the rights and
resources available to individuals coming to the United States under
the K nonimmigrant classification as the fianc[eacute](e) or the spouse
of a U.S. citizen. The pamphlet is required by the International
Marriage Broker Regulation Act of 2005 and is intended to help such
aliens understand the immigration process and prevent domestic
violence.
DATES: Written comments must be submitted on or before September 19,
2008.
ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-
2007-0061, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Chief, Regulatory Management Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529. To
ensure proper handling, please reference DHS Docket No. USCIS-2007-0061
on your correspondence. This mailing address may be used for paper,
disk, or CD-ROM submissions.
Hand Delivery/Courier: Regulatory Management Division,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 111 Massachusetts Avenue, NW., Suite 3008, Washington, DC
20529. Contact Telephone Number (202) 272-8377.
FOR FURTHER INFORMATION CONTACT: Andrew Perry, Family and Victim
Protection Division, Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of Homeland Security, 20
Massachusetts Avenue, NW., Suite 2304, Washington, DC 20529. Contact
Telephone Number (202) 272-1470.
SUPPLEMENTARY INFORMATION:
I. Background
Citing the fact that K nonimmigrants may face a higher risk of
domestic violence in relationships arranged by International Marriage
Brokers (IMBs), Congress enacted the International Marriage Broker
Regulation Act of 2005 (IMBRA), subtitle D, Public Law No. 109-162, 119
Stat. 3066-3077 (2006). A K nonimmigrant is an alien who:
(1) Is the fianc[eacute](e) of a U.S. citizen (USC) who has
petitioned for the alien to enter the United States solely to conclude
a valid marriage with him or her (referred to as ``K-1''
nonimmigrants);
(2) Is married to a U.S.C. who has petitioned the alien for lawful
permanent residence and is seeking to enter the United States to await
approval of the petition and availability of an immigrant visa
(referred to as ``K-3'' nonimmigrants); or
(3) Is the minor child of the alien accompanying or following to
join the alien (referred to as ``K-2'' or ``K-4''
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nonimmigrants). Immigration and Nationality Act (INA) sec.
1101(a)(15)(K); 8 U.S.C. 214.1(a)(2).
Pursuant to the requirements established by IMBRA, the Secretary of
Homeland Security, in consultation with the Attorney General and the
Secretary of State, must develop and distribute to K nonimmigrant visa
applicants an information pamphlet explaining the legal rights and
resources for immigrant victims of domestic violence. 8 U.S.C.
1375a(a)(1). The pamphlet must include information on the following
eight topics:
(1) The K nonimmigrant visa application process and the marriage-
based immigration process;
(2) The illegality of domestic violence, sexual assault, and child
abuse in the United States and the dynamics of domestic violence;
(3) Domestic violence and sexual assault services in the United
States, including the National Domestic Violence Hotline and the
National Sexual Hotline;
(4) The legal rights of immigrant victims of abuse and other crimes
in immigration, criminal justice, family law, and other matters,
including access to protection orders;
(5) The obligations of parents to provide child support;
(6) Marriage fraud under United States immigration laws and the
penalties for committing such fraud;
(7) A warning concerning the potential use of K nonimmigrant visas
by U.S. citizens who have a history of committing domestic violence,
sexual assault, child abuse, or other crimes and an explanation that
such acts may not have resulted in a criminal record for such a
citizen; and
(8) Notification of the requirement under IMBRA that international
marriage brokers provide their foreign national clients with background
information gathered on U.S. citizen clients from searches of Federal
and state sex offender public registries and collected from U.S.
citizen clients regarding their marital history, and domestic violence
or other violent criminal history. But that such information may not be
complete or accurate because the U.S. citizen clients may not have a
criminal record or may not have truthfully reported their marital or
criminal record. 8 U.S.C. 1375a(a)(2).
The pamphlet must be translated by the Secretary of State into
Russian, Spanish, Tagalog, Vietnamese, Chinese, Ukrainian, Thai,
Korean, Polish, Japanese, French, Arabic, Portuguese, Hindi, and such
other languages as the Secretary of State, in the Secretary's
discretion, may specify. 8 U.S.C. 1375a(a)(4)(A). The Secretary of
Homeland Security, in consultation with the Attorney General and the
Secretary of State, must determine every 2 years at least 14 languages
into which the information pamphlet is translated based on the
languages spoken by the greatest concentrations of K nonimmigrant visa
applicants. 8 U.S.C. 1375a(a)(4)(B).
The law includes specific requirements for distribution of the
information pamphlet to aliens seeking K nonimmigrant status. The
Secretary of State must mail the information pamphlet to the alien
seeking K nonimmigrant status along with the instruction packet for K
nonimmigrant visa applications. 8 U.S.C. 1375a(a)(5)(A)(i). In
addition, consular officers must provide a copy of the information
pamphlet to all applicants for a K nonimmigrant visa during their
interview for the visa. 8 U.S.C. 1375a(b)(1)(B).
The law also requires that the pamphlet be distributed to each
alien seeking to obtain lawful permanent resident status. For each
alien applying for a family-based immigrant visa outside the United
States or adjustment of status (on Form I-485, Application to register
Permanent Residence or Adjust Status) within the United States, a copy
of the information pamphlet must be provided at such alien's consular
or adjustment of status interview. 8 U.S.C. 1375a(b)(2). The
information pamphlet must be made available at all consular offices
abroad, posted on the Web sites of the Department of State, and
Department of Homeland Security, and all consular posts processing K
nonimmigrant visa applications, and made available to IMBs, government
agencies, and nongovernmental advocacy organizations. 8 U.S.C.
1375a(a)(5)(B), (C) and (D).
II. Solicitation of Comments on the Information Pamphlet
U.S. Citizenship and Immigration Services (USCIS) is developing the
information pamphlet required by IMBRA and is inviting the public to
submit comments on all aspects of the pamphlet before its issuance and
distribution. Comments that will provide the most assistance to USCIS
will reference a specific portion of the pamphlet, explain the reason
for any recommended change, and include data, information, or authority
that supports the recommended change.
Instructions: All submissions received must include the agency name
and DHS Docket No. USCIS-2007-0061 for this Notice. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Submitted comments
may also be inspected at the Regulatory Management Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
111 Massachusetts Avenue, NW., Suite 3008, Washington, DC 20529.
Dated: July 14, 2008.
Jonathan Scharfen,
Acting Director, U.S. Citizenship and Immigration Services.
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[FR Doc. E8-16521 Filed 7-21-08; 8:45 am]
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