[Federal Register Volume 74, Number 107 (Friday, June 5, 2009)]
[Rules and Regulations]
[Pages 26933-26941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13014]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules
and Regulations
[[Page 26933]]
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
8 CFR Parts 1, 100, 103, 204, 207, 208, 211, 212, 214, 216, 236,
244, 245, 248, 264, 274a, 301, 316, 320, 322, 324, 327, 328, 329,
330, 334, and 392
[CIS No. 2405-07; DHS Docket No. USCIS-2007-0005]
RIN 1615-AB56
Removing References to Filing Locations and Obsolete References
to Legacy Immigration and Naturalization Service; Adding a Provision To
Facilitate the Expansion of the Use of Approved Electronic Equivalents
of Paper Forms
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule amends Department of Homeland Security (DHS)
regulations by eliminating certain references to the Immigration and
Naturalization Service (INS) organizational structure and removing all
references in the Code of Federal Regulations (CFR) to INS and U.S.
Citizenship and Immigration Services (USCIS) Offices. This rule also
removes all references in the CFR to filing locations, so that USCIS
may provide such information on petition and application forms and
through any other means. In addition, this rule adds a definition of
the term ``form'' to the CFR, which will facilitate the expansion of
the use of approved electronic equivalents of USCIS paper forms; this
will support USCIS' transition from a paper-based filing and processing
environment to an electronic one.
Overall, the rule is intended to eliminate confusion and certain
obsolete references to the INS organizational structure from USCIS
regulations, help the public determine where to file forms with USCIS,
create a more efficient and streamlined process for future changes to
filing instructions, and allow the component to better manage its
workload through, among other things, affording greater flexibility to
accept and process applications and petitions in an electronic
environment.
DATES:
Effective Date: This rule is effective July 6, 2009.
Comment Date: Written comments must be submitted on or before
August 4, 2009.
ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-
2007-0005, 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 20529-2210.
To ensure proper handling, please reference DHS Docket No. USCIS-2007-
0005 on your correspondence. This mailing address may be used for
paper, disk, or CD-ROM submissions.
Hand Delivery/Courier: U.S. Citizenship and Immigration
Services, Department of Homeland Security, 111 Massachusetts Avenue,
NW., Suite 3008, Washington, DC 20529-2210. Contact Telephone Number
(202) 272-8377.
FOR FURTHER INFORMATION CONTACT: Roxanne Alonso, Adjudications Officer,
Policy and Regulation Management Division, Domestic Operations, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
20 Massachusetts Avenue, NW., MS 2211, Washington, DC 20529-2211,
telephone (202) 272-8100.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation
II. Background
A. What effect does this rule have?
B. Why is USCIS issuing this rule?
III. Regulatory Requirements
A. Administrative Procedure Act
B. Regulatory Flexibility Act
C. Unfunded Mandates Reform Act of 1995
D. Small Business Regulatory Enforcement Fairness Act of 1996
E. Executive Order 12866 (Regulatory Planning and Review)
F. Executive Order 13132 (Federalism)
G. Executive Order 12988 (Civil Justice Reform)
H. Paperwork Reduction Act
I. Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
interim rule. Comments that will provide the most assistance to USCIS
in developing these procedures will reference a specific portion of the
interim rule, explain the reason for any recommended change, and
include data, information, or authority that support such recommended
change.
Instructions: All submissions received must include the agency name
and the DHS docket number (USCIS-2007-0005) for this rulemaking. All
comments received will be posted without change to http://www.regulations.gov, including any personal information provided. See
ADDRESSES above for information on how to submit comments.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.
II. Background
A. What effect does this rule have?
This interim rule eliminates certain references to the
organizational structure of the Immigration and Naturalization Service
(INS), which was abolished on March 1, 2003, pursuant to the Homeland
Security Act of 2002, Public Law 107-609 (November 22, 2002), 116 Stat.
2135. The Secretary of Homeland Security has approved the
organizational structure of each new component pursuant to 8 CFR 2.1,
which provides that the Secretary may delegate authority and functions
by regulation, directive, memorandum, or other means as deemed
appropriate. Eliminating references to the organizational structure of
INS is necessary, because U.S. Citizenship and Immigration Services
(USCIS) is modifying aspects of the command and control structure that
was temporarily retained from the INS field management structure. These
changes to the regulations will not affect the locations of USCIS local
offices or other sites.
[[Page 26934]]
This interim rule also removes from the regulations all
instructions regarding the filing locations for petitions and
applications. These regulatory provisions are unnecessary and restrict
USCIS' ability to vary petition and application filing locations as
necessary to address fluctuations in the volume of applications,
shifting workload needs, and benefits processing modifications.
Removing these regulatory provisions will allow USCIS to better utilize
its resources and serve its customers. Filing locations and procedures
will still be available on USCIS forms and the USCIS Web site.
Customers may also call the USCIS `800-number' customer service line
for information on where to submit their documents, or simply call the
agency listing in the government resources pages of their local
telephone directory. This change does not affect any evidentiary
requirement or substantive eligibility requirement for a particular
benefit.
This interim rule removes current geographic jurisdictional service
boundaries. This change will allow USCIS the flexibility to manage
workloads and facilitate interaction with, and services to, the public.
For those few applications and petitions that are currently filed at
USCIS local offices, customers will be able to file these specific
forms at the office closest to them. Regarding services that require an
alien to make an appearance at a USCIS office, by removing the
geographic parameters on the office with jurisdiction for adjudicating
specific immigration or naturalization benefits, USCIS will have the
flexibility to offer interviews and other services at different offices
in the area based on the ability to schedule appointments most
effectively. See 8 CFR 103.2(b)(9).
The rule adds a definition of the term ``Form'' to 8 CFR part 1.
USCIS has added this definition to clarify that references to the term
``form'' and to form numbers throughout USCIS regulations are now
intended to encompass both the traditional paper form and all approved
electronic equivalents used for on-line filing with USCIS or other
similar purposes.
Finally, the rule amends 8 CFR 100.4 to remove all references to
INS and USCIS Offices. However, this rule does not alter the
regulations in paragraphs (c)(2) for ports of entry for aliens arriving
by vessel or by land transportation or (c)(3) for the method of
identifying ports-of-entry for aliens arriving by aircraft. The
designation of ports of entry is within the authority of the U.S.
Customs and Border Protection (CBP) and generally governed by 19 CFR
101.3. Maintenance of the current erroneous references to District
Offices in 8 CFR 101.3 will have no legal effect on the distribution of
workload or acceptance applications by USCIS. CBP has indicated that
they may amend how 8 CFR part 100 references ports of entry, and
classes of ports of entry, and will remove references to the INS
district in which they are located in a future rulemaking.
B. Why is USCIS issuing this rule?
This rule is necessary to remove references to USCIS office
locations and geographical jurisdictions from the Code of Federal
Regulations. USCIS will provide information regarding the proper
locations on the filing instructions on the respective USCIS forms. As
USCIS workload has increased and as USCIS has managed that workload to
eliminate processing backlogs of petitions and applications for
immigration benefits, it has become clear that the agency on occasion
needs to redistribute work within its adjudicative resources. Changing
the applicable regulations each time a workload redistribution occurs
is a lengthy process and an inefficient management tool. The ability to
make changes to filing instructions to reflect a redistribution of
workload will enable USCIS to efficiently reallocate its adjudications
resources. Thus, this interim rule is intended to enhance USCIS'
ability to provide updated, clear information, and to increase its
administrative flexibility to adapt to changing situations. Information
about the agency's organizational structure, where to file an
application or petition, and where and how individuals can seek
services or assistance from USCIS will continue to be widely available.
This rule is also necessary to assist the agency in transforming
its business environment from a paper-based petition and application
process to an electronic environment. This major change effort is
referred to as the USCIS Transformation Initiative. This regulation is
the first in a series to be published to implement this initiative. As
the USCIS Transformation Initiative progresses, USCIS expects that
electronic versions of forms and digital images of supporting documents
will largely replace paper forms and documents for filing,
adjudication, and records retention purposes.
III. Regulatory Requirements
A. Administrative Procedure Act
This interim rule will not change the eligibility rules governing
any immigration benefit. It will not confer rights or obligations upon
any party. USCIS expects that this rule will further the public's
interest in receiving clear instruction on where and in what format to
file applications and petitions for immigration benefits. Accordingly,
USCIS has determined that the public notice and comment requirements of
the Administrative Procedure Act (APA), 5 U.S.C. 553(b), do not apply
because the rule is procedural in nature and does not alter the
substantive rights of the affected parties. Therefore, this rule
satisfies the exemption from notice and comment rulemaking in 5 U.S.C.
553(b)(A). USCIS nevertheless invites comments on this rule and will
consider all timely comments in the preparation of a final rule.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 603(b)), as amended
by the Small Business Regulatory Enforcement and Fairness Act of 1996
(SBREFA), requires an agency to prepare and make available to the
public a regulatory flexibility analysis that describes the effect of a
proposed rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions) when the agency is
required ``to publish a general notice of proposed rulemaking for any
proposed rule.'' Because this rule is being issued as an interim rule,
on the grounds set forth above, a regulatory flexibility analysis is
not required under the RFA.
C. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and
Tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
D. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. It will not
result in an annual effect on the economy of $100 million or more; a
major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
[[Page 26935]]
E. Executive Order 12866
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
F. Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship 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 section 6 of
Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
G. Executive Order 12988 Civil Justice Reform
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
H. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, Public Law 104-13, all
Departments are required to submit to the Office of Management and
Budget (OMB), for review and approval, any reporting and recordkeeping
requirements inherent in a rule. This rule does not impose any new
reporting or recordkeeping requirements under the Paperwork Reduction
Act.
List of Subjects
8 CFR Part 1
Administrative practice and procedure, Immigration.
8 CFR Part 100
Organization and functions (Government agencies).
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Privacy, Reporting and
recordkeeping requirements, Surety bonds.
8 CFR Part 204
Administrative practice and procedures, Immigration, Reporting and
recordkeeping requirements.
8 CFR Part 207
Immigration, Refugees, Reporting and recordkeeping requirements.
8 CFR Part 208
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
8 CFR Part 211
Immigration, Passports and visas, Reporting and recordkeeping
requirements.
8 CFR Part 212
Administrative practice and procedure, Aliens, Immigration,
Passports and visas, Reporting and recordkeeping requirements.
8 CFR Part 214
Administrative practice and procedure, Aliens, Employment, Foreign
officials, Health professions, reporting and recordkeeping
requirements, Students.
8 CFR Part 216
Administrative practice and procedure, Aliens.
8 CFR Part 236
Administrative practice and procedure, Aliens, Immigration.
8 CFR Part 244
Aliens, Reporting and recordkeeping requirements.
8 CFR Part 245
Aliens, Immigration, Reporting and recordkeeping requirements.
8 CFR Part 248
Aliens, Reporting and recordkeeping requirements.
8 CFR Part 264
Reporting and recordkeeping requirements.
8 CFR Part 274a
Administrative practice and procedure, Aliens, Employment,
Penalties, Reporting and recordkeeping requirements.
8 CFR Part 301
Citizenship and naturalization, Reporting and recordkeeping
requirements.
8 CFR Part 316
Citizenship and naturalization, Reporting and recordkeeping
requirements.
8 CFR Part 320
Citizenship and naturalization, Infants and children, Reporting and
recordkeeping requirements.
8 CFR Part 322
Citizenship and naturalization, Infants and children, Reporting and
recordkeeping requirements.
8 CFR Part 324
Citizenship and naturalization, Reporting and recordkeeping
requirements, Women.
8 CFR Part 327
Citizenship and naturalization, Military personnel, Reporting and
recordkeeping requirements.
8 CFR Part 328
Citizenship and naturalization, Military personnel, Reporting and
recordkeeping requirements.
8 CFR Part 329
Citizenship and naturalization, Reporting and recordkeeping
requirements, Veterans.
8 CFR Part 330
Reporting and recordkeeping requirements, Seamen.
8 CFR Part 334
Administrative practice and procedure, Citizenship and
naturalization, Courts, Reporting and recordkeeping requirements.
8 CFR Part 392
Citizenship and naturalization, Reporting and recordkeeping
requirements.
0
Accordingly, chapter 1 of title 8 of the Code of Federal Regulations is
amended as follows:
PART 1--DEFINITIONS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 8 U.S.C. 1101; 8 U.S.C. 1103; 5 U.S.C. 301; Public
Law 107-296, 116 Stat. 2135 (6 U.S.C. 1 et seq.).
0
2. Section 1.1 is amended by adding paragraph (aa) to read as follows:
Sec. 1.1 Definitions.
* * * * *
(aa) The term Form when used in connection with a petition,
application, or other instrument to be filed with USCIS in order to
request an immigration benefit, means a device for the collection of
information in a standard format that may be submitted in paper format
or in an electronic format as may be prescribed by USCIS on its
official Web site at http//www.uscis.gov. The term Form followed by a
USCIS form number includes a USCIS approved electronic equivalent of
such form as USCIS may prescribe on
[[Page 26936]]
its official Web site at http//www.uscis.gov.
PART 100--STATEMENT OF ORGANIZATION
0
3. The authority citation for part 100 continues to read as follows:
Authority: 8 U.S.C. 1103; 8 CFR part 2.
0
4. Section 100.1 is revised to read as follows:
Sec. 100.1 Introduction.
The following components have been delegated authority under the
Immigration and Nationality Act to administer and enforce certain
provisions of the Immigration and Nationality Act and all other laws
relating to immigration: U.S. Customs and Border Protection (CBP), U.S.
Immigration and Customs Enforcement (ICE), and U.S. Citizenship and
Immigration Services (USCIS).
Sec. 100.2 [Removed and Reserved]
0
5. Section 100.2 is removed and reserved.
0
6. Section 100.3 is revised to read as follows:
Sec. 100. 3 Places where, and methods whereby, information may be
secured or submittals or requests made.
Any person desiring information relative to a matter handled by
CBP, ICE or USCIS or any person desiring to make a submittal or request
in connection with such a matter, should communicate either orally or
in writing, with either CBP, ICE or USCIS as appropriate. When the
submittal or request consists of a formal application for one of the
documents, privileges, or other benefits provided for in the laws
administered by CBP, ICE or USCIS or the regulations implementing those
laws, follow the instructions on the form as to preparation and place
of submission. Individuals can seek service or assistance from CBP, ICE
or USCIS by visiting the CBP, ICE or USCIS Web site or calling CBP, ICE
or USCIS.
Sec. 100.4 [Amended]
0
7. Section 100.4 is amended by:
0
a. Removing the introductory text;
0
b. Removing paragraphs (a), (b), (c)(1) and (c)(4), (e) and (f);
0
c. Removing paragraph (c) heading and introductory text;
0
d. Redesignating paragraph (c)(2), as paragraph (a);
0
e. Redesignating paragraph (c)(3) as paragraph (b); and
0
f. Redesignating paragraph (d) as paragraph (c).
Sec. 100.5 [Amended]
0
8. Section 100.5 is amended by revising the term ``Immigration and
Naturalization Service'' to read ``Department of Homeland Security''.
Sec. 100.6 [Removed and Reserved]
0
9. Section 100.6 is removed and reserved.
Sec. 100.7 [Amended]
0
10. Section 100.7 is amended by revising the term ``Immigration and
Naturalization Service'' to read ``Department of Homeland Security''.
PART 103--POWERS AND DUTIES; AVAILABILITY OF RECORDS
0
11. The authority citation for part 103 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304,
1356; 31 U.S.C. 9701; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1
et seq.); E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p. 166;
8 CFR part 2.
0
12. Section 103.2 is amended by:
0
a. Revising the first sentence of paragraph (a)(1); and by
0
b. Revising paragraph (a)(6).
The revisions read as follows:
Sec. 103.2 Applications, petitions, and other documents.
(a) * * *
(1) * * * Every application, petition, appeal, motion, request, or
other document submitted on any form prescribed by this chapter I,
notwithstanding any other regulations to the contrary, must be filed
with the location and executed in accordance with the instructions on
the form, such instructions being hereby incorporated into the
particular section of the regulations in this chapter I requiring its
submission. * * *
* * * * *
(6) Where to file. An application or petition must be filed as
indicated in the instructions on the respective form.
* * * * *
PART 204--IMMIGRANT PETITIONS
0
13. The authority citation for part 204 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1186a,
1255, 1641; 8 CFR part 2.
0
14. Section 204.1, is amended by revising paragraph (e) to read as
follows:
Sec. 204.1 General information about immediate relative and family-
sponsored petitions.
* * * * *
(e) Jurisdiction. A petition described in this part must be filed
in accordance with the instructions on the form. A United States
consular officer in a country in which USCIS does not have an office
may accept and approve a relative petition or a petition filed by a
widow or widower if the petitioner resides in the area over which the
post has jurisdiction, regardless of the beneficiary's residence or
physical presence at the time of filing. In emergency or humanitarian
cases and cases of national interest, a United States consular officer
may accept a petition filed by a petitioner who does not reside within
the consulate's jurisdiction. While consular officers are authorized to
approve petitions, they must refer any petition which is not clearly
approvable to the appropriate USCIS office. Consular officers may
consult with the appropriate USCIS office abroad prior to stateside
referral, if they deem it necessary. A consular official may not accept
or approve a self-petition filed by the spouse or child of an abusive
citizen or lawful permanent resident of the United States under section
204(a)(1)(A)(iii), 204(a)(1)(A)(iv), 204(a)(1)(B)(ii), or
204(a)(1)(B)(iii) of the Act. These self-petitions must be filed with a
USCIS office in the United States as indicated in the instructions to
the applicable petition form as prescribed by USCIS.
* * * * *
0
15. Section 204.3(g) is revised to read as follows:
Sec. 204.3 Orphans.
* * * * *
(g) Where to file. Form I-600, Petition to Classify Orphan as an
Immediate Relative, and Form I-600A, Application for Advanced
Processing of Orphan Petition, must be filed in accordance with the
instructions on the form.
* * * * *
Sec. 204.4 [Amended]
0
16. Section 204.4 is amended by:
0
a. Revising the phrase ``with the Service office having jurisdiction
over the place of the alien's intended residence in the United States
or with the overseas Service office having jurisdiction over the
alien's residence abroad'' in paragraph (c) to read: ``in accordance
with the instructions on the form''; and
0
b. Revising the phrase '' with the Service office having jurisdiction
over the beneficiary's residence in the United States'' in the second
sentence of paragraph (i) to read: ``with USCIS''.
Sec. 204.5 [Amended]
0
17. Section 204.5(b), is amended by revising the phrase ``with the
Service Center having jurisdiction over the
[[Page 26937]]
intended place of employment, unless specifically designated for local
filing by the Associate Commissioner for Examinations'' to read: ``in
accordance with the instructions on the form''.
Sec. 204.6 [Amended]
0
18. Section 204.6 is amended by removing and reserving paragraph (b).
Sec. 204.8 [Removed and Reserved]
0
19. Section 204.8 is removed and reserved.
0
20. Section 204.9 is amended by:
0
a. Revising paragraph (a)(2); and
0
b. Revising the phrase ``with the director having jurisdiction over his
or her place of residence,'' in the first sentence of paragraph (c)(2)
to read ``in accordance with the instructions on the form''.
The revision reads as follows:
Sec. 204.9 Special immigrant status for certain aliens who have
served honorably (or are enlisted to serve) in the Armed Forces of the
United States for at least 12 years.
(a) * * *
(2) Where to file. The petition must be filed in accordance with
the instructions on the form.
* * * * *
Sec. 204.10 [Amended]
0
21. Section 204.10 is amended by removing and reserving paragraph
(c)(2).
0
22. Section 204.11 is amended by revising paragraph (b) to read as
follows:
Sec. 204.11 Special immigrant status for certain aliens declared
dependent on a juvenile court (special immigrant juvenile).
* * * * *
(b) Petition for special immigrant juvenile. An alien may not be
classified as a special immigrant juvenile unless the alien is the
beneficiary of an approved petition to classify an alien as a special
immigrant under section 101(a)(27) of the Act. The petition must be
filed on Form I-360, Petition for Amerasian, Widow(er) or Special
Immigrant. The alien, or any person acting on the alien's behalf, may
file the petition for special immigrant juvenile status. The person
filing the petition is not required to be a citizen or lawful permanent
resident of the United States.
* * * * *
Sec. 204.13 [Amended]
0
23. Section 204.13 is amended by removing the last sentence in
paragraph (c).
PART 207--ADMISSION OF REFUGEES
0
24. The authority citation for part 207 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1151, 1157, 1159, 1182; 8 CFR
part 2.
Sec. 207.1 [Amended]
0
25. Section 207.1 is amended by removing the phrase ``with the Service
office having jurisdiction over the area where the applicant is
located'' in the first sentence of paragraph (a).
PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL
0
26. The authority citation for part 208 continues to read as follows:
Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 1282; 8 CFR part 2.
0
27. Section 208.4 is amended by revising paragraph (b) to read as
follows:
Sec. 208.4 Filing the application.
* * * * *
(b) Filing location. Form I-589, Application for Asylum and
Withholding of Removal, must be filed in accordance with the
instructions on the form.
* * * * *
Sec. 208.5 [Amended]
0
28. Section 208.5(b)(1)(ii) is amended in the first sentence by
revising the phrase ``to the district director having jurisdiction over
the port-of-entry'' to read: ``in accordance with the instructions on
the form'', and by revising the term ``district director'' to read
``DHS office'' wherever that term appears.
PART 211--DOCUMENTARY REQUIREMENTS; IMMIGRANTS; WAIVERS
0
29. The authority citation for part 211 continues to read as follows:
Authority: 1101, 1103, 1181, 1182, 1203, 1225, 1257; 8 CFR part
2.
0
30. Section 211.1 is amended by revising paragraph (b)(3) to read as
follows:
Sec. 211.1 Visas.
* * * * *
(b) * * *
(3) If an immigrant alien returning to an unrelinquished lawful
permanent residence in the United States after a temporary absence
abroad believes that good cause exists for his or her failure to
present an immigrant visa, Form I-551, or reentry permit, the alien may
file an application for a waiver of this requirement with the DHS
officer with jurisdiction over the port of entry where the alien
arrives. To apply for this waiver, the alien must file Form I-193,
Application for Waiver of Passport and/or Visa, with the fee prescribed
in 8 CFR 103.7(b)(1), except that if the alien's Form I-551 was lost or
stolen, the alien must instead file Form I-90, Application to Replace
Permanent Resident Card, with the fee prescribed in 8 CFR 103.7(b)(1),
provided the temporary absence did not exceed 1 year. In the exercise
of discretion, the DHS officer who has jurisdiction over the port of
entry where the alien arrives may waive the alien's lack of an
immigrant visa, Form I-551, or reentry permit and admit the alien as a
returning resident if DHS is satisfied that the alien has established
good cause for the alien's failure to present an immigrant visa, Form
I-551, or reentry permit. Filing the Form I-90 will serve as both
application for replacement and as application for waiver of passport
and visa, without the obligation to file a separate waiver application.
* * * * *
0
31. Section 211.2 is amended by revising paragraph (b) to read as
follows:
Sec. 211.2 Passports.
* * * * *
(b) Except as provided in paragraph (a) of this section, if an
alien seeking admission as an immigrant with an immigrant visa believes
that good cause exists for his or her failure to present a passport,
the alien may file an application for a waiver of this requirement with
the DHS officer who has jurisdiction over the port of entry where the
alien arrives. To apply for this waiver, the alien must file Form I-
193, Application for Waiver of Passport and/or Visa, with the fee
prescribed in 8 CFR 103.7(b)(1). In the exercise of discretion, the DHS
officer with jurisdiction over the port of entry, may waive the alien's
lack of passport and admit the alien as an immigrant, if DHS is
satisfied that the alien has established good cause for his or her
failure to present a passport.
PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
0
32. The authority citation for part 212 continues to read as follows:
Authority: 8 U.S.C. 1101 and note, 1102, 1103, 1182 and note,
1184, 1187, 1223, 1225, 1226, 1227.
0
33. Section 212.2 is amended by:
0
a. Revising paragraph (d);
[[Page 26938]]
0
b. Removing the phrase ``an application for permission to reapply, Form
I-212, with the district director having jurisdiction over the place
where the alien resides'' in the second sentence of paragraph (e) and
adding in its place ``Form I-212, Application for Permission to
Reapply'';
0
c. Revising paragraph (f);
0
d. Revising paragraph (g)(2); and
0
e. Removing paragraph (g)(3).
The revisions read as follows:
Sec. 212.2 Consent to reapply for admission after deportation,
removal or departure at Government expense.
* * * * *
(d) Applicant for immigrant visa. Except as provided in paragraph
(g)(2) of this section, an applicant for an immigrant visa who is not
physically present in the United States and who requires permission to
reapply must file Form I-212. Except as provided in paragraph (g)(2) of
this section, if the applicant also requires a waiver under section
212(g), (h), or (i) of the Act, Form I-601, Application for Waiver of
Grounds of Excludability, must be filed simultaneously with the Form I-
212.
* * * * *
(f) Applicant for admission at port of entry. An alien may request
permission at a port of entry to reapply for admission to the United
States within 5 years of the deportation or removal, or 20 years in the
case of an alien deported, or removed 2 or more times, or at any time
after deportation or removal in the case of an alien convicted of an
aggravated felony. The alien must file the Form I-212, where required,
with the DHS officer having jurisdiction over the port of entry.
(g) * * *
(2) An alien who is an applicant for parole authorization under 8
CFR 245.15(t)(2) and requires consent to reapply for admission after
deportation, removal, or departure at Government expense, or a waiver
under section 212(g), 212(h), or 212(i) of the Act, must file the
requisite Form I-212 or Form I-601 concurrently with the Form I-131,
Application for Travel Document. An alien who is an applicant for
parole authorization under 8 CFR 245.13(k)(2) and requires consent to
reapply for admission after deportation, removal, or departure at
Government expense, or a waiver under section 212(g), 212(h), or 212(i)
of the Act, must file the requisite Form I-212 or Form I-601
concurrently with the Form I-131, Application for Travel Document.
* * * * *
0
34. Section 212.3 is amended by:
0
a. Revising paragraph (a);
0
b. Removing the phrase ``with the appropriate district director'' at
the end of the last sentence in paragraph (d); and by
0
c. Revising paragraph (f) introductory text.
The revisions read as follows:
Sec. 212.3 Application for the exercise of discretion under section
212(c).
(a) Jurisdiction. An application for the exercise of discretion
under section 212(c) of the Act must be submitted on Form I-191,
Application for Advance Permission to Return to Unrelinquished
Domicile. If the application is made in the course of proceedings under
sections 235, 236, or 242 of the Act, the application shall be made to
the Immigration Court.
* * * * *
(f) Limitations on discretion to grant an application under section
212(c) of the Act. An application for advance permission to enter under
section 212 of the Act shall be denied if:
* * * * *
0
35. Section 212.7 is amended by:
0
a. Revising paragraph (a)(1); and by
0
b. Removing and reserving paragraph (b)(2).
The revision reads as follows:
Sec. 212.7 Waiver of certain grounds of inadmissibility.
(a) * * *
(1) Form I-601 must be filed in accordance with the instructions on
the form. When filed at a consular office, Form I-601 shall be
forwarded to USCIS for a decision upon conclusion that the alien is
admissible but for the grounds for which a waiver is sought.
* * * * *
Sec. 212.15 [Amended]
0
36. Section 212.15 is amended by:
0
a. Removing the phrase, ``, and all accompanying required evidence, to
the Director, Nebraska Service Center, in duplicate with the
appropriate fee contained in 8 CFR 103.7(b)(1)'' in the first sentence
of paragraph (j)(1) introductory text;
0
b. Removing the phrase ``to the Director, Nebraska Service Center,'' in
first sentence of paragraph (j)(2)(i);
0
c. Removing the phrase ``to the Director, Nebraska Service Center,'' in
the first sentence of paragraph (j)(2)(ii); and
0
d. Revising the term ``the Director, Nebraska Service Center'' to read:
``USCIS'' in the first sentence of paragraph (j)(3)(i).
PART 214--NONIMMIGRANT CLASSES
0
37. The authority citation for part 214 continues to read as follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1185 (pursuant
to E.O. 13323, 69 FR 241, 3 CFR, 2003 Comp., p. 278), 1186a, 1187,
1221, 1281, 1282, 1301-1305, 1372, 1379, 1731-32; section 643, Pub.
L. 104-208, 110 Stat. 3009-708; section 141 of the Compacts of Free
Association with the Federated States of Micronesia and the Republic
of the Marshall Islands, and with the Government of Palau, 48 U.S.C.
1901 note, and 1931 note, respectively, 8 CFR part 2.
0
38. Section 214.2 is amended by:
0
a. Revising paragraph (a)(6)(iii);
0
b. Removing the phrase ``with the appropriate Service Center'' in
paragraph (e)(8)(iv)(B);
0
c. Removing the word ``State'' in the first sentence of paragraph
(e)(8)(iv)(C) and adding in its place ``Department of State'';
0
d. Removing the phrase ``with the Service Center'' in the first
sentence of paragraph (e)(8)(v);
0
e. Removing the phrase ``a Service Center'' in the second sentence of
paragraph (e)(8)(v) and adding in its place ``USCIS'';
0
f. Removing the last sentence of paragraph (e)(8)(v);
0
g. Revising paragraph (g)(6)(iii);
0
h. Removing paragraph (h)(3)(i)(D);
0
i. Removing the second sentence in paragraph (k)(1);
0
j. Removing the last sentence in paragraph (k)(7);
0
k. Revising paragraph (l)(2);
0
l. Removing the phrase ``Service Center'' in paragraph (l)(5)(ii)(C)
and adding in its place ``USCIS office'';
0
m. Revising paragraph (l)(5)(ii)(F);
0
n. Removing the third sentence in paragraph (l)(7)(i) introductory text
and by revising the word ``Service'' in the fourth sentence to read
``USCIS'';
0
o. Revising paragraph (l)(7)(i)(C);
0
p. Removing the term ``Service Center'' in the second sentence of
paragraph (l)(8)(ii) and adding in its place ``USCIS office'';
0
q. Removing the third sentence in paragraph (m)(11)(ii)(A);
0
r. Removing the phrase ``to the service center with jurisdiction over
the current school'' in the fourth sentence of paragraph
(m)(11)(ii)(B);
0
s. Removing the phrase ``, with the Service Center which has
jurisdiction in the area where the alien will work'' in the first
sentence of paragraph (o)(2)(i);
0
t. Removing the phrase ``and must be filed with the Service Center
which has jurisdiction in the area where the petitioner is located'' in
the first sentence of paragraph (o)(2)(iv)(A), and by removing the
second sentence;
0
u. Removing the phrase ``with the Service Center that has jurisdiction
over the area where the alien will perform services,'' in paragraph
(o)(2)(iv)(B);
[[Page 26939]]
0
v. Removing the phrase ``with the Service Center having jurisdiction
over the new place of employment'' in the first sentence of paragraph
(o)(2)(iv)(C);
0
w. Removing the phrase ``with the Service Center where the original
petition was filed'' in the first sentence of paragraph (o)(2)(iv)(D);
0
x. Revising the ninth sentence in (p)(2)(i);
0
y. Removing the phrase ``and must be filed with the Service Center
which has jurisdiction in the area where the petitioner is located'' in
the first sentence of (p)(2)(iv)(A), and by removing the second
sentence;
0
z. Removing the phrase ``with the Service Center that has jurisdiction
over the area where the alien will perform the services,'' in
(p)(2)(iv)(B);
0
aa. Removing the phrase ``with the appropriate Service Center'' in the
last sentence of (p)(2)(iv)(H);
0
bb. Removing the second sentence of paragraph (q)(5)(i);
0
cc. Removing the phrase ``with the service center having jurisdiction
over the area where the alien will perform services or labor, or
receive training'' in the first sentence of paragraph (q)(5)(iv);
The revisions read as follows:
Sec. 214.2 Special requirements for admission, extension, and
maintenance of status.
(a) * * *
(6) * * *
(iii) If the Department of State's endorsement is favorable, the
dependent may apply to USCIS for employment authorization. When
applying to USCIS for employment authorization, the dependent must
present his or her Form I-566 with a favorable endorsement from the
Department of State and any additional documentation as may be required
by the Secretary.
* * * * *
(g) * * *
(6) * * *
(iii) If the Department of State's endorsement is favorable, the
dependent may apply to USCIS for employment authorization. When
applying to USCIS for employment authorization, the dependent must
present his or her Form I-566 with a favorable endorsement from the
Department of State and any additional documentation as may be required
by the Secretary.
* * * * *
(l) * * *
(2) * * *
(i) Except as provided in paragraph (l)(2)(ii) and (l)(17) of this
section, a petitioner seeking to classify an alien as an intracompany
transferee must file a petition on Form I-129, Petition for
Nonimmigrant Worker. The petitioner shall advise USCIS whether a
previous petition for the same beneficiary has been filed, and certify
that another petition for the same beneficiary will not be filed unless
the circumstances and conditions in the initial petition have changed.
Failure to make a full disclosure of previous petitions filed may
result in a denial of the petition.
(ii) A United States petitioner which meets the requirements of
paragraph (l)(4) of this section and seeks continuing approval of
itself and its parent, branches, specified subsidiaries and affiliates
as qualifying organizations and, later, classification under section
101(a)(15)(L) of the Act multiple numbers of aliens employed by itself,
its parent, or those branches, subsidiaries, or affiliates may file a
blanket petition on Form I-129. The blanket petition shall be
maintained at the adjudicating office. The petitioner shall be the
single representative for the qualifying organizations with which USCIS
will deal regarding the blanket petition.
* * * * *
(5) * * *
(ii) * * *
(F) If the consular officer determines that the alien is ineligible
for L classification under a blanket petition, the consular officer's
decision shall be final. The consular officer shall record the reasons
for the denial on Form I-129S, retain one copy, return the original of
I-129S to the USCIS office which approved the blanket petition, and
provide a copy to the alien. In such a case, an individual petition may
be filed for the alien on Form I-129, Petition for Nonimmigrant Worker.
The petition shall state the reason the alien was denied L
classification and specify the consular office which made the
determination and the date of the determination.
* * * * *
(7) * * *
(i) * * *
(C) Amendments. The petitioner must file an amended petition, with
fee, at the USCIS office where the original petition was filed to
reflect changes in approved relationships, additional qualifying
organizations under a blanket petition, change in capacity of
employment (i.e., from a specialized knowledge position to a managerial
position), or any information which would affect the beneficiary's
eligibility under section 101(a)(15)(L) of the Act.
* * * * *
(p) * * *
(2) * * *
(i) * * * The petitioner must file a P petition on Form I-129,
Petition for Nonimmigrant Worker. * * *
* * * * *
PART 216--CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS
0
39. The authority citation for part 216 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1154, 1184, 1186a, 1186b, and 8
CFR part 2.
Sec. 216.4 [Amended]
0
40. Section 216.4 is amended by removing and reserving paragraph
(a)(3).
Sec. 216.5 [Amended]
0
41. Section 216.5 is amended by removing and reserving paragraph (c).
Sec. 216.6 [Amended]
0
42. Section 216.6, is amended by removing and reserving paragraph
(a)(2).
PART 236--APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE
ALIENS; REMOVAL OF ALIENS ORDERED REMOVED
0
43. The authority citation for part 236 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1103, 1182, 1224,
1225, 1226, 1227, 1231, 1362; 18 U.S.C. 4002, 4013(c)(4); 8 CFR part
2.
Sec. 236.14 [Amended]
0
44. Section 236.14 is amended by removing the first sentence of
paragraph (a).
PART 240--PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE
UNITED STATES
0
45. The authority citation for part 240 continues to read as follows:
Authority: 8 U.S.C. 1103, 1182, 1186a, 1224, 1225, 1226, 1227,
1251, 1252 note, 1252a, 1252b, 1362; secs. 202 and 203, Pub. L. 105-
100 (111 Stat 2160, 2193); sec. 902, Pub. L. 105-277 (112 Stat.
2681); 8 CFR 2.
Sec. 240.63 [Amended]
0
46. Section 240.63 is amended by removing the phrase ``at the
appropriate Service Center'' in paragraph (c).
PART 244--TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED
STATES
0
47. The authority citation for part 244 continues to read as follows:
Authority: 8 U.S.C. 1103, 1254, 1254a note, 8 CFR part 2.
[[Page 26940]]
Sec. 244.7 [Amended]
0
48. Section 244.7 is amended by removing the phrase ``shall be filed
with the director having jurisdiction over the applicant's place of
residence'' in paragraph (a) and adding in its place ``must be filed on
Form I-821, Application for Temporary Protected Status''.
PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
LAWFUL PERMANENT RESIDENCE
0
49. The authority citation for part 245 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1255; sec. 202, Pub. L.
105-100, 111 Stat. 2160, 2193; sec. 902, Pub. L. 105-277, 112 Stat.
2681; 8 CFR part 2.
Sec. 245.2 [Amended]
0
50. Section 245.2 is amended by:
0
a. Removing the phrase ``, and shall be submitted to the director
having jurisdiction over the applicant's place of residence in the
United States'' in the second sentence in paragraph (b);
0
b. Removing the third sentence in paragraph (b);
0
c. Removing the word ``his'' in the fourth sentence of paragraph (b)
and adding in its place ``the'';
0
d. Removing the phrase ``with the director having jurisdiction over the
applicant's place of residence'' in the first sentence in paragraph
(c);
0
e. Removing the phrase ``the director'' in the third sentence of
paragraph (c) and adding in its place ``USCIS'';
0
f. Removing the phrase ``by the director'' in the fifth sentence of
paragraph (c).
Sec. 245.7 [Amended]
0
51. Section 245.7 is amended by removing the phrase ``with the director
having jurisdiction over the applicant's place of residence'' from the
first sentence of paragraph (a).
Sec. 245.8 [Amended]
0
52. Section 245.8 is amended by removing the phrase ``with the director
having jurisdiction over the applicant's place of residence'' from the
first sentence of paragraph (a).
Sec. 245.12 [Amended]
0
53. Section 245.12 is amended by removing the phrase ``, with the
Service director having jurisdiction over the applicant's place of
residence'' in paragraph (a)(1).
PART 248--CHANGE OF NONIMMIGRANT CLASSIFICATION
0
54. The authority citation for part 248 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1184, 1258; 8 CFR part 2.
Sec. 248.3 [Amended]
0
55. Section 248.3 is amended by removing the phrase ``, to the Nebraska
Service Center'' in paragraph (d).
PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED
STATES
0
56. The authority citation for part 264 continues to read as follows:
Authority: 8 U.S.C. 1103, 1201, 1303-1305; 8 CFR part 2.
Sec. 264.2 [Amended]
0
57. Section 264.2 is amended by removing the phrase ``to the Service
office having jurisdiction over the applicant's place of residence in
the United States'' in paragraph (a) and adding in its place ``on Form
I-485 in accordance with the instructions on the form and paragraph (c)
of this section''.
0
58. Section 264.5 is amended by revising the first sentence in
paragraph (e)(2)(i) to read as follows:
Sec. 264.5 Application for a replacement Permanent Resident Card.
(e) * * *
(2) * * *
(i) Form I-90 must be filed in accordance with the instructions on
the form. * * *
* * * * *
PART 274A--CONTROL OF EMPLOYMENT OF ALIENS
0
59. The authority citation for part 274A continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1324a; 8 CFR part 2.
Sec. 274a.13 [Amended]
0
60. Section 274a.13 is amended by:
0
a. Removing the phrase ``with the director having jurisdiction over
applicant's residence, or the director having jurisdiction over the
port of entry at which the alien applies, or with such other Service
office as the Commissioner may designate'' in the first sentence of
paragraph (a)(1) and add in its place ``, Application for Employment
Authorization'';
0
b. Removing the phrase ``the director or such other officer as the
Commissioner may designate'' in the second sentence in paragraph (a)(1)
and adding in its place ``USCIS'';
0
c. Removing the phrase ``with the appropriate Service Center or with
such other Service office as the Commissioner may designate'' in the
first and last sentences in paragraph (a)(2);
0
d. Removing the phrase ``the district director'' in the first sentence
of paragraph (d) and adding in its place ``USCIS'';
0
e. Removing the phrase ``the INS'' in the first sentence of paragraph
(d) and adding in its place ``USCIS''.
PART 301--NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH
0
61. The authority citation for part 301 continues to read as follows:
Authority: 8 U.S.C. 1103, 1401; 8 CFR part 2.
Sec. 301.1 [Amended]
0
62. In section 301.1, paragraph (a)(1) is amended by removing the term
``Service'' in the first and last sentences and adding in its place
``USCIS'', and by removing the second sentence.
PART 316--GENERAL REQUIREMENTS FOR NATURALIZATION
0
63. The authority citation for part 316 continues to read as follows:
Authority: 8 U.S.C. 1103, 1181, 1182, 1427, 1443, 1447; 8 CFR
part 2.
Sec. 316.3 [Removed and Reserved]
0
64. Section 316.3 is removed and reserved.
PART 320--CHILD BORN OUTSIDE THE UNITED STATES AND RESIDING
PERMANENTLY IN THE UNITED STATES; REQUIREMENTS FOR AUTOMATIC
ACQUISITION OF CITIZENSHIP
0
65. The authority citation for part 320 continues to read as follows:
Authority: 8 U.S.C. 1103, 1443; 8 CFR part 2.
Sec. 320.3 [Amended]
0
66. Section 320.3 is amended by removing the fourth sentence in
paragraph (a).
PART 322--CHILD BORN OUTSIDE THE UNITED STATES; REQUIREMENTS FOR
APPLICATION FOR CERTIFICATE OF CITIZENSHIP
0
67. The authority citation for part 322 continues to read as follows:
Authority: 8 U.S.C. 1103, 1443; 8 CFR part 2.
Sec. 322.3 [Amended]
0
68. Section 322.3 is amended by removing the third sentence in
paragraph (a).
[[Page 26941]]
PART 324--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: WOMEN
WHO HAVE LOST UNITED STATES CITIZENSHIP BY MARRIAGE AND FORMER
CITIZENS WHOSE NATURALIZATION IS AUTHORIZED BY PRIVATE LAW
0
69. The authority citation for part 324 continues to read as follows:
Authority: 8 U.S.C. 1103, 1435, 1443, 1448, 1101 note.
Sec. 324.2 [Amended]
0
70. Section 324.2 is amended by removing the final sentence of
paragraph (b).
Sec. 324.3 [Amended]
0
71. Section 324.3 is amended by:
0
a. Removing the phrase ``the office of the Service having jurisdiction
over her place of residence as evidence of her desire to take the
oath'' in paragraph (b)(1) and adding in its place ``USCIS in
accordance with the instructions on the form.'';
0
b. Removing the phrase ``the district director'' in paragraph (b)(2)
and adding in its place ``USCIS'';
0
c. Removing the phrase ``the Service'' in paragraph (b)(2) and adding
in its place ``USCIS''.
Sec. 324.4 [Amended]
0
72. Section 324.4 is amended by removing the phrase ``office of the
Service'' and adding in its place ``USCIS office''.
Sec. 324.5 [Amended]
0
73. Section 324.5 is amended by removing the phrase ``the Service''
wherever it appears and adding in its place ``USCIS''.
PART 327--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED:
PERSONS WHO LOST UNITED STATES CITIZENSHIP THROUGH SERVICE IN ARMED
FORCES OF FOREIGN COUNTRY DURING WORLD WAR II
0
74. The authority citation for part 327 continues to read as follows:
Authority: 8 U.S.C. 1103, 1438, 1443.
Sec. 327.2 [Amended]
0
75. Section 327.2 is amended by removing the phrase ``, to the Service
office having jurisdiction over the applicant's place of residence'' in
the first sentence of paragraph (a).
PART 328--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED:
PERSONS WITH THREE YEARS' SERVICE IN ARMED FORCES OF THE UNITED
STATES
0
76. The authority citation for part 328 continues to read as follows:
Authority: 8 U.S.C. 1103, 1439, 1443.
Sec. 328.3 [Removed and Reserved]
0
77. Section 328.3 is removed and reserved.
PART 329--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED:
NATURALIZATION BASED UPON ACTIVE DUTY SERVICE IN THE UNITED STATES
ARMED FORCES DURING SPECIFIED PERIODS OF HOSTILITIES
0
78. The authority citation for part 329 continues to read as follows:
Authority: 8 U.S.C. 1103, 1440, 1443; 8 CFR part 2.
Sec. 329.3 [Removed and Reserved]
0
79. Section 329.3 is removed and reserved.
Sec. 329.5 [Amended]
0
80. Section 329.5 is amended by removing and reserving paragraph (c).
PART 330--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: SEAMEN
0
81. The authority citation for part 330 continues to read as follows:
Authority: 8 U.S.C. 1103, 1443.
Sec. 330.2 [Amended]
0
82. Section 330.2 is amended by adding a period immediately after the
phrase ``An applicant for naturalization under section 330 of the Act
must submit an Application for Naturalization, Form N-400'' and
removing the remaining text in paragraph (a).
PART 334--APPLICATION FOR NATURALIZATION
0
83. The authority citation for part 334 continues to read as follows:
Authority: 8 U.S.C. 1103, 1443.
Sec. 334.1 [Amended]
0
84. Section 334.1 is amended by removing the phrase ``at the Service
office indicated in the appropriate part of this chapter'' and adding
in its place ``in accordance with the instructions on the form''.
Sec. 334.11 [Amended]
0
85. Section 334.11 is amended by removing the phrase ``with the Service
office having jurisdiction over the applicant's place of residence in
the United States'' from the second sentence of paragraph (a).
PART 392--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED:
PERSONS WHO DIE WHILE SERVING ON ACTIVE DUTY WITH THE UNITED STATES
ARMED FORCES DURING CERTAIN PERIODS OF HOSTILITIES
0
86. The authority citation for part 392 continues to read as follows:
Authority: 8 U.S.C. 1103, 1440 and note, and 1440-1; 8 CFR part
2.
Sec. 392.3 [Amended]
0
87. Section 392.3(b)(1), is amended by adding a period immediately
after the phrase ``An application for posthumous citizenship must be
submitted by mail on Form N-644'' and removing the remaining text from
the first sentence and removing the second sentence.
Janet Napolitano,
Secretary.
[FR Doc. E9-13014 Filed 6-4-09; 8:45 am]
BILLING CODE 9111-97-P