Domestic Violence Guidance Pamphlet for K Nonimmigrants, 42586-42590 [E8-16521]

Download as PDF 42586 Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Notices have a copy of your materials distributed to each member of the committee or working group should reach the Coast Guard on or before September 2, 2008. ADDRESSES: The full Committee will meet at Marine Safety Unit Galveston, 2101 FM 2004, Texas City, Texas 77591, (409) 978–2700. The working group meeting will be held at Marine Safety Unit Galveston, 2101 FM 2004, Texas City, Texas 77591, (409) 978–2700. Send written material and requests to make oral presentations to LT Sean Hughes, Assistant to the Executive Secretary of HOGANSAC, 9640 Clinton Drive, Houston, Texas 77029. This notice is available in our online docket, USCG– 2008–0566, at https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Commander Hal R. Pitts, Executive Secretary of HOGANSAC, telephone (713) 671–5164, e-mail hal.r.pitts@uscg.mil or Lieutenant Sean Hughes, Assistant to the Executive Secretary of HOGANSAC, telephone (713) 678–9001, e-mail sean.p.hughes@uscg.mil. Notice of these meetings is given pursuant to the Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92–463). Agendas of the Meetings: Houston/Galveston Navigation Safety Advisory Committee (HOGANSAC). The tentative agenda is as follows: (1) Opening remarks by the Committee Sponsor (RADM Whitehead) or the Committee Sponsor’s representative, Executive Director (CAPT Diehl) and Chairperson (Ms. Tava Foret). (2) Approval of the May 22, 2008 minutes. (3) Old Business: (a) Navigation Operations (NAVOPS)/ Maritime Incident Review subcommittee report; (b) Dredging subcommittee report; (c) Technology subcommittee report; (d) Waterways Optimization subcommittee report; (e) Harbor of Safe Refuge subcommittee report; (f) HOGANSAC Outreach subcommittee report; (g) Commercial Recovery Contingency subcommittee report; and (h) Area Maritime Security Committee (AMSC) Liaison’s report. (4) New Business: Working Groups Meeting. The tentative agenda for the working groups meeting is as follows: (1) Presentation by each working group of its accomplishments and plans for the future; sroberts on PROD1PC70 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 19:47 Jul 21, 2008 Jkt 214001 (2) Review and discuss the work completed by each working group; and (3) Put forth any action items for consideration at full committee meeting. Procedural Both meetings are open to the public. Please note that meetings may close early if all business is finished. At the Chairs’ discretion, members of the public may make oral presentations during the meetings. If you would like to make an oral presentation at the Committee’s September 16 meeting, please notify the Coast Guard no later than September 9, 2008. Written material for distribution at a meeting should reach the Coast Guard no later than September 2, 2008. If you would like a copy of your material distributed to each member of the committee in advance of the meetings, please submit 19 copies to the Coast Guard no later than September 2, 2008. Information on Services for Individuals With Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meetings, contact the Executive Secretary or Assistant to the Executive Secretary as soon as possible. Dated: June 24, 2008. J.H. Korn, Captain U.S. Coast Guard, Commander, 8th Coast Guard District, Acting. [FR Doc. E8–16769 Filed 7–21–08; 8:45 am] BILLING CODE 4910–15–P 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 U.S. Citizenship and Immigration Services, DHS. ACTION: Notice. AGENCY: 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 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 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: https:// 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’’ E:\FR\FM\22JYN1.SGM 22JYN1 Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Notices sroberts on PROD1PC70 with NOTICES 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 marriagebased 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 VerDate Aug<31>2005 19:47 Jul 21, 2008 Jkt 214001 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 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 42587 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 https:// www.regulations.gov, including any personal information provided. Docket: For access to the docket to read background documents or comments received, go to https:// 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. BILLING CODE 9111–97–P E:\FR\FM\22JYN1.SGM 22JYN1 VerDate Aug<31>2005 Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Notices 19:47 Jul 21, 2008 Jkt 214001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4725 E:\FR\FM\22JYN1.SGM 22JYN1 en22jy08.000</GPH> sroberts on PROD1PC70 with NOTICES 42588 VerDate Aug<31>2005 19:47 Jul 21, 2008 Jkt 214001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4725 E:\FR\FM\22JYN1.SGM 22JYN1 42589 en22jy08.001</GPH> sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Notices Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Notices [FR Doc. E8–16521 Filed 7–21–08; 8:45 am] BILLING CODE 9111–97–C VerDate Aug<31>2005 19:47 Jul 21, 2008 Jkt 214001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\22JYN1.SGM 22JYN1 en22jy08.002</GPH> sroberts on PROD1PC70 with NOTICES 42590

Agencies

[Federal Register Volume 73, Number 141 (Tuesday, July 22, 2008)]
[Notices]
[Pages 42586-42590]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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 fiancé(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: https://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 fiancé(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''

[[Page 42587]]

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 https://www.regulations.gov, 
including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to https://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]
BILLING CODE 9111-97-C
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