Immigration Benefits Business Transformation, Increment I; Correction, 73475-73477 [2011-30510]
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73475
Rules and Regulations
Federal Register
Vol. 76, No. 229
Tuesday, November 29, 2011
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. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 103, 207, 208, 211, 212,
213a, 244; 245, 324; 335
[CIS No. 2481–09; Docket No. USCIS–2009–
0022]
RIN 1615–AB83
Immigration Benefits Business
Transformation, Increment I;
Correction
U.S. Citizenship and
Immigration Services, DHS.
ACTION: Final rule; correction.
AGENCY:
The Department of Homeland
Security (DHS) makes technical
corrections to a final rule published in
the Federal Register on August 29,
2011. The final rule amended DHS
regulations to enable U.S. Citizenship
and Immigration Services (USCIS) to
transform its business processes. The
final rule also finalized seven interim
rules.
DATES: This final rule is effective
November 28, 2011.
FOR FURTHER INFORMATION CONTACT: Dan
Konnerth, Policy Chief, Office of
Transformation Coordination, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 633
Third St. NW., Washington, DC 20529–
2210; telephone (202) 233–2381.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Need for Correction
On August 29, 2011, the Department
of Homeland Security (DHS) issued a
final rule that amended more than fifty
parts of Title 8 of the Code of Federal
Regulations and finalized seven interim
rules. Immigration Benefits Business
Transformation, Increment I, 76 FR
53764 (Aug. 29, 2011). The final rule
removed form titles, number references,
and position titles. The final rule also
removed obsolete and expired
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14:37 Nov 28, 2011
Jkt 226001
regulatory provisions and corrected
provisions that were affected by
statutory changes.
DHS provided a 60-day public
comment period and a 90-day effective
date to provide the public with an
opportunity to review the regulatory
text and point out any errors made in
the published final rule before it
becomes effective. DHS has reviewed
the public comments on the docket of
this final rule and determined that
several errors and omissions require
correction. Specifically, through
technical drafting oversights, DHS:
• Instructed the removal of the phrase
‘‘petitions and applications’’ instead
of instructing the removal of the
phrase ‘‘applications or petitions’’ and
‘‘applications and petitions’’ in 8 CFR
103.2;
• Omitted the substitution of ‘‘benefit
request’’ for ‘‘application or benefit’’
in 8 CFR 103.2(b)(5);
• Incorrectly amended the second
sentence of 8 CFR 103.2(b)(19) by
removing the term ‘‘petitioner’’ and
inserting ‘‘beneficiary’’;
• Omitted instructional text for
reserving 8 CFR 103.20 through
103.36 after they are removed;
• Omitted the substitution of ‘‘USCIS’’
for the terms ‘‘The USCIS’’, ‘‘the
BCIS’’, and ‘‘The BCIS’’ in 8 CFR
103.2;
• Omitted references to the title of the
form required for accompanying or
following-to-join derivatives of
refugees in 8 CFR 207.7 and for
admission of asylee spouses and
children in 8 CFR 208.21;
• Omitted the substitution of
‘‘Permanent Resident Card’’ for
‘‘permanent resident card’’ in 8 CFR
211.5(c);
• Provided conflicting instructions
affecting paragraph (b)(1) of 8 CFR
212.2;
• Incorrectly instructed that the heading
for 8 CFR 212.7 be revised;
• Incorrectly instructed to revise terms
in the second sentence of the
introductory text of paragraph (m)(2)
of 8 CFR 212.15;
• Omitted the term ‘‘a’’ from the
amendatory text being revised in
8 CFR 213.2a;
• Incorrectly included the term ‘‘in’’ in
the text being revised in 8 CFR
213.2a(c)(2)(i)(A);
• Omitted instructional text for revising
the following terms in 8 CFR 213a.2:
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•
•
•
•
Æ The terms ‘‘Form I–864 or I–864A’’,
‘‘a Form I–864 or I–864A’’, ‘‘Form
I–864 and I–864A’’ to read
‘‘affidavit of support’’;
Æ The terms ‘‘any Forms I–864A’’ to
read ‘‘affidavit of support and any
required attachments’’;
Æ The term ‘‘any Form I–864A’’ to
read ‘‘any affidavit of support or
required attachment’’;
Æ The term ‘‘Forms I–864’’ to read
‘‘affidavits of support’’;
Æ The term ‘‘I–864A’’ to read
‘‘affidavit of support attachment’’;
and
Æ The term ‘‘A Form I–864’’ to read
‘‘An affidavit of support’’.
Omitted the term ‘‘Form’’ from the
text being revised in 8 CFR 324.2;
Omitted the term ‘‘the’’ from the text
being revised in 8 CFR 244.7(b) and
8 CFR 244.14(a)(3);
Provided conflicting instructions
affecting 8 CFR 245.21(j); and
Erroneously instructed to change the
term ‘‘district director’’ to read
‘‘USCIS’’ and omitted instructions to
revise the term ‘‘the Service’’ to read
‘‘USCIS’’ in 8 CFR 335.9.
Correction of Publication
Accordingly, the publication on
August 29, 2011 (76 FR 53764) of the
final rule that was the subject of FR Doc.
2011–20990 is corrected as follows:
PART 103—IMMIGRATION BENEFITS;
BIOMETRIC REQUIREMENTS;
AVAILABILITY OF RECORDS
Subpart A—Applying for Benefits,
Surety Bonds, Fees
§ 103.2
[Corrected]
1. On page 53780, second column,
revise amendatory 8a. to read as follows:
‘‘8 * * *
■ a. Removing the phrases ‘‘applications
and petitions’’ and ‘‘applications or
petitions’’ and adding in their place the
term ‘‘benefit requests’’; removing the
term ‘‘an application or petition’’ and
adding in its place ‘‘a benefit request’’;
removing the term ‘‘application or
petition’’ and adding in its place
‘‘benefit request’’; and removing the
terms ‘‘the BCIS’’, ‘‘The BCIS’’, and
‘‘The USCIS’’ and adding in their place
the term ‘‘USCIS’’ as they appear in the
following portions of the final rule:’’.
■ 2. On page 53780, third column,
amend amendatory instruction 8j. by
adding at the end before the semicolon
■
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Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Rules and Regulations
‘‘and revising the term ‘‘application or
benefit’’ to read ‘‘benefit request’’ in the
third sentence of paragraph (b)(5)’’.
■ 3. On page 53780, third column,
revise amendatory instruction 8k. to
read as follows:
‘‘8. * * *
■ k. Revising the term ‘‘application,
petition or document’’ to read ‘‘a benefit
request’’ in paragraph (b)(7);’’
■ 4. On page 53781, first column, in
paragraph (b)(19), remove the word
‘‘beneficiary’’ from the end of the
paragraph and add ‘‘petitioner’’ in its
place.
§ 103.7
[Corrected]
5. On page 53781, second column,
revise amendatory instruction 14a. to
read as follows:
■ ‘‘14. Revising the terms ‘‘The BCIS’’
and ‘‘BCIS’’ to read ‘‘USCIS’’ wherever
that term appears in paragraph (a)(1);’’.
■
§§ 103.20–103.36
[Corrected]
6. On page 53782, second column,
revise amendatory instruction 21 to read
as follows:
■ ‘‘21. Sections 103.20 through 103.36
are removed and reserved.’’.
■
PART 207—ADMISSION OF
REFUGEES
7. On page 53783, third column,
amendment 39, revise the amendatory
language for the revisions to paragraphs
(d) and (f) to read as follows:
■
§ 207.7
Derivatives of refugees.
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*
*
*
*
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(d) Filing. A refugee may request
accompanying or following-to-join
benefits for his or her spouse and
unmarried, minor child(ren) (whether
the spouse and children are inside or
outside the United States) by filing a
separate Request for Refugee/Asylee
Relative in accordance with the form
instructions for each qualifying family
member. The request may only be filed
by the principal refugee. Family
members who derived their refugee
status are not eligible to request
derivative benefits on behalf of their
spouse and child(ren). A separate
Request for Refugee/Asylee Relative
must be filed for each qualifying family
member within two years of the
refugee’s admission to the United States
unless USCIS determines that the filing
period should be extended for
humanitarian reasons. There is no time
limit imposed on a family member’s
travel to the United States once the
Request for Refugee/Asylee Relative has
been approved, provided that the
relationship of spouse or child
continues to exist and approval of the
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Request for Refugee/Asylee Relative has
not been subsequently revoked. There is
no fee for this benefit request.
*
*
*
*
*
(f) Approvals. (1) Spouse or child in
the United States. When a spouse or
child of a refugee is in the United States
and the Request for Refugee/Asylee
Relative is approved, USCIS will notify
the refugee of such approval.
Employment will be authorized incident
to status.
(2) Spouse or child outside the United
States. When a spouse or child of a
refugee is outside the United States and
the Request for Refugee/Asylee Relative
is approved, USCIS will notify the
refugee of such approval. USCIS will
send the approved request to the
Department of State for transmission to
the U.S. Embassy or Consulate having
jurisdiction over the area in which the
refugee’s spouse or child is located.
(3) Benefits. The approval of the
Request for Refugee/Asylee Relative will
remain valid for the duration of the
relationship to the refugee and, in the
case of a child, while the child is under
21 years of age and unmarried, provided
also that the principal’s status has not
been revoked. However, the approved
Request for Refugee/Asylee Relative will
cease to confer immigration benefits
after it has been used by the beneficiary
for admission to the United States as a
derivative of a refugee. For a derivative
inside or arriving in the United States,
USCIS will issue a document reflecting
the derivative’s current status as a
refugee to demonstrate employment
authorization, or the derivative may
apply, under 8 CFR 274a.12(a), for
evidence of employment authorization.
*
*
*
*
*
PART 208—PROCEDURES FOR
ASYLUM AND WITHHOLDING OF
REMOVAL
8. On page 53784, third column,
amendment 50, revise the amendatory
language for paragraphs (c) and (d) to
read as follows:
■
§ 208.21 Admission of the asylee’s spouse
and children.
*
*
*
*
*
(c) Spouse or child in the United
States. When a spouse or child of an
alien granted asylum is in the United
States, but was not included in the
asylee’s benefit request, the asylee may
request accompanying or following-tojoin benefits for his or her spouse or
child, by filing for each qualifying
family member a Request for Refugee/
Asylee Relative, with supporting
evidence, and in accordance with the
form instructions, regardless of the
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status of that spouse or child in the
United States. A separate Request for
Refugee/Asylee Relative must be filed
by the asylee for each qualifying family
member within two years of the date in
which he or she was granted asylum
status, unless it is determined by USCIS
that this period should be extended for
humanitarian reasons. Upon approval of
the Request for Refugee/Asylee Relative,
USCIS will notify the asylee of such
approval. Employment will be
authorized incident to status. To
demonstrate employment authorization,
USCIS will issue a document reflecting
the derivative’s current status as an
asylee, or the derivative may apply,
under 8 CFR 274a.12(a), for employment
authorization. The approval of the
Request for Refugee/Asylee Relative will
remain valid for the duration of the
relationship to the asylee and, in the
case of a child, while the child is under
21 years of age and unmarried, provided
also that the principal’s status has not
been revoked. However, the approved
Request for Refugee/Asylee Relative will
cease to confer immigration benefits
after it has been used by the beneficiary
for admission to the United States as a
derivative of an asylee.
(d) Spouse or child outside the United
States. When a spouse or child of an
alien granted asylum is outside the
United States, the asylee may request
accompanying or following-to-join
benefits for his or her spouse or
child(ren) by filing a separate Request
for Refugee/Asylee Relative for each
qualifying family member in accordance
with the form instructions. A separate
Request for Refugee/Asylee Relative for
each qualifying family member must be
filed within two years of the date in
which the asylee was granted asylum,
unless USCIS determines that the filing
period should be extended for
humanitarian reasons. When the
Request for Refugee/Asylee Relative is
approved, USCIS will notify the asylee
of such approval. USCIS also will send
the approved request to the Department
of State for transmission to the U.S.
Embassy or Consulate having
jurisdiction over the area in which the
asylee’s spouse or child is located. The
approval of the Request for Refugee/
Asylee Relative will remain valid for the
duration of the relationship to the asylee
and, in the case of a child, while the
child is under 21 years of age and
unmarried, provided also that the
principal’s status has not been revoked.
However, the approved Request for
Refugee/Asylee Relative will cease to
confer immigration benefits after it has
been used by the beneficiary for
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Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 / Rules and Regulations
admission to the United States as a
derivative of an asylee.
*
*
*
*
*
PART 212—DOCUMENTARY
REQUIREMENTS: NONIMMIGRANTS;
WAIVERS; ADMISSION OF CERTAIN
INADMISSIBLE ALIENS; PAROLE
§ 212.2
[Corrected]
9. On page 53786, second column,
remove amendment 64.a and
redesignate 64b through f as 64a through
e accordingly.
■
§ 212.7
[Corrected]
10. On page 53787, first column,
remove amendment 69.a. and
redesignate 69b through m as 69a
through l accordingly.
■
§ 212.15
[Corrected]
11. On page 53788, first column,
revise amendatory instruction 75h. to
read as follows:
75. * * *
■ h. ‘‘Revising the term ‘‘Form I–905’’ to
read ‘‘the request’’ in paragraph
(m)(2).’’.
■
[Corrected]
12. On page 53788, second column,
revise amendatory instruction 80–82d.
to read as follows:
‘‘80–82 * * *
■ d. Revising the phrase ‘‘the Form
I–130 or Form I–600 immigrant visa
petition (or the Form I–129F petition,
for a K nonimmigrant seeking
adjustment)’’ to read ‘‘a relative, orphan
´
or fiancé(e) petition’’ in the first
sentence of paragraph (b)(1);’’.
■ 13. On page 53788, second column,
revise amendatory instruction 80–82e.
to read as follows:
‘‘80–82 * * *
■ e. Revising the phrase ‘‘Form I–864P
Poverty Guidelines’’ to read ‘‘the
Poverty Guidelines’’ in paragraph
(c)(2)(i)(A);’’.
■ 14. On page 53788, third column,
revise the introductory text to
amendatory instruction 80–82l. to read
as follows:
‘‘80–82 * * *
■ l. Section 213a.2 is further amended
by revising the term ‘‘Forms I–864’’ to
read ‘‘affidavits of support’’ and the
term ‘‘A Form I–864’’ to read ‘‘An
affidavit of support’’ and the terms
‘‘Form I–864’’ and ‘‘the Form I–864’’ to
read ‘‘an affidavit of support’’ wherever
those terms appear in the following
places:’’
■ 15. On page 53788, third column,
amendment 80–82, add new
instructions n. and o. to read as follows:
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■
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Jkt 226001
PART 244—TEMPORARY PROTECTED
STATUS FOR NATIONALS OF
DESIGNATED STATES
§ 244.7
[Corrected]
16. On pages 53791, third column,
revise amendatory instruction 108.b. to
read as follows:
‘‘108. * * *
■ b. Revising the term ‘‘the Attorney
General’’ to read ‘‘DHS’’ in paragraph
(b);’’
■
PART 213a—AFFIDAVITS OF
SUPPORT ON BEHALF OF ALIENS
§ 213a.2
n. Section 213a.2 is further amended
by revising the terms ‘‘any Forms
I–864A’’ to read ‘‘any affidavit of
support attachments’’ and the term ‘‘any
Form I–864A’’ to read ‘‘any affidavit of
support attachment’’ wherever those
terms appear in paragraphs (a)(1)(ii),
(iii), (iv), and (v).
■ o. Section 213a.2 is further amended
by revising the term ‘‘Form I–864 or
I–864A’’ to read ‘‘affidavit of support
and any required attachments’’; the term
‘‘I–864A’’ to read ‘‘affidavit of support
attachment’’; and the term ‘‘a Form
I–864 or I–864A’’ to read ‘‘an affidavit
of support and any required
attachments’’ wherever those terms
appear in the following places:
i. Paragraph (a)(1)(v)(A);
ii. Paragraph (c)(2)(v); and
iii. Paragraph (e)(2)(i)(D).’’
■
§ 244.14
[Corrected]
73477
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
§ 324.2
[Corrected]
20. On page 53800, first column,
revise amendatory instruction 191 to
read as follows:
■ ‘‘191. In § 324.2, paragraph (b) is
amended by revising the term ‘‘Form
N–400, as required by § 316.4 of this
chapter’’ to read ‘‘the form designated
by USCIS in accordance with the form
instructions and with the fee prescribed
in 8 CFR 103.7(b)(1) as required by 8
CFR 316.4’’.’’
■
PART 335—EXAMINATION ON
APPLICATION FOR NATURALIZATION\
§ 335.9
[Corrected]
21. On page 53801, third column,
revise amendatory instruction 220.b. to
read as follows:
‘‘220. * * *
b. Revising the terms ‘‘district
director’’, ‘‘The district director’’, ‘‘the
district director’’, and ‘‘the Service’’ to
read ‘‘USCIS’’ and the term ‘‘Service’s’’
to read ‘‘USCIS’s’’.’’
■
Christina E. McDonald,
Associate General Counsel for Regulatory
Affairs.
[FR Doc. 2011–30510 Filed 11–28–11; 8:45 am]
17. On pages 53792, second column,
revise amendatory instruction 113.d. to
read as follows:
‘‘113. * * *
■ d. Revising the term ‘‘the Attorney
General’’ to read ‘‘DHS’’ in paragraph
(a)(3);’’.
BILLING CODE 9111–97–P
PART 245—ADJUSTMENT OF STATUS
TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
[Docket No. FAA–2011–0908; Directorate
Identifier 2010–NM–251–AD; Amendment
39–16870; AD 2011–24–06]
§ 245.21
RIN 2120–AA64
■
[Corrected]
18. On page 53794, first column,
amendment 129–130, remove
instruction j. and redesignate
instructions k. and l. as j. and k.,
respectively.
■
19. On page 53794, first column,
revise the introductory text to newly
redesignated amendatory instruction
129–130k to read as follows:
‘‘129–130. * * *
■ k. By revising the terms ‘‘Service’’,
‘‘The Service’’ and ‘‘the Service’’ to read
‘‘USCIS’’ and the term ‘‘Service’s’’ to
read ‘‘USCIS’s’’ wherever the terms
appear in the following paragraphs:’’.
■
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
Airworthiness Directives; BAE
SYSTEMS (Operations) Limited
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are superseding an
existing airworthiness directive (AD)
that applies to all BAE SYSTEMS
(Operations) Limited Model BAe 146–
100A, –200A, and –300A airplanes; and
Model Avro 146–RJ70A, 146–RJ85A,
and 146–RJ100A airplanes. This AD
results from mandatory continuing
SUMMARY:
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Agencies
[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Rules and Regulations]
[Pages 73475-73477]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30510]
========================================================================
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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 76, No. 229 / Tuesday, November 29, 2011 /
Rules and Regulations
[[Page 73475]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 103, 207, 208, 211, 212, 213a, 244; 245, 324; 335
[CIS No. 2481-09; Docket No. USCIS-2009-0022]
RIN 1615-AB83
Immigration Benefits Business Transformation, Increment I;
Correction
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS) makes technical
corrections to a final rule published in the Federal Register on August
29, 2011. The final rule amended DHS regulations to enable U.S.
Citizenship and Immigration Services (USCIS) to transform its business
processes. The final rule also finalized seven interim rules.
DATES: This final rule is effective November 28, 2011.
FOR FURTHER INFORMATION CONTACT: Dan Konnerth, Policy Chief, Office of
Transformation Coordination, U.S. Citizenship and Immigration Services,
Department of Homeland Security, 633 Third St. NW., Washington, DC
20529-2210; telephone (202) 233-2381.
SUPPLEMENTARY INFORMATION:
Need for Correction
On August 29, 2011, the Department of Homeland Security (DHS)
issued a final rule that amended more than fifty parts of Title 8 of
the Code of Federal Regulations and finalized seven interim rules.
Immigration Benefits Business Transformation, Increment I, 76 FR 53764
(Aug. 29, 2011). The final rule removed form titles, number references,
and position titles. The final rule also removed obsolete and expired
regulatory provisions and corrected provisions that were affected by
statutory changes.
DHS provided a 60-day public comment period and a 90-day effective
date to provide the public with an opportunity to review the regulatory
text and point out any errors made in the published final rule before
it becomes effective. DHS has reviewed the public comments on the
docket of this final rule and determined that several errors and
omissions require correction. Specifically, through technical drafting
oversights, DHS:
Instructed the removal of the phrase ``petitions and
applications'' instead of instructing the removal of the phrase
``applications or petitions'' and ``applications and petitions'' in 8
CFR 103.2;
Omitted the substitution of ``benefit request'' for
``application or benefit'' in 8 CFR 103.2(b)(5);
Incorrectly amended the second sentence of 8 CFR 103.2(b)(19)
by removing the term ``petitioner'' and inserting ``beneficiary'';
Omitted instructional text for reserving 8 CFR 103.20 through
103.36 after they are removed;
Omitted the substitution of ``USCIS'' for the terms ``The
USCIS'', ``the BCIS'', and ``The BCIS'' in 8 CFR 103.2;
Omitted references to the title of the form required for
accompanying or following-to-join derivatives of refugees in 8 CFR
207.7 and for admission of asylee spouses and children in 8 CFR 208.21;
Omitted the substitution of ``Permanent Resident Card'' for
``permanent resident card'' in 8 CFR 211.5(c);
Provided conflicting instructions affecting paragraph (b)(1)
of 8 CFR 212.2;
Incorrectly instructed that the heading for 8 CFR 212.7 be
revised;
Incorrectly instructed to revise terms in the second sentence
of the introductory text of paragraph (m)(2) of 8 CFR 212.15;
Omitted the term ``a'' from the amendatory text being revised
in 8 CFR 213.2a;
Incorrectly included the term ``in'' in the text being revised
in 8 CFR 213.2a(c)(2)(i)(A);
Omitted instructional text for revising the following terms in
8 CFR 213a.2:
[cir] The terms ``Form I-864 or I-864A'', ``a Form I-864 or I-
864A'', ``Form I-864 and I-864A'' to read ``affidavit of support'';
[cir] The terms ``any Forms I-864A'' to read ``affidavit of support
and any required attachments'';
[cir] The term ``any Form I-864A'' to read ``any affidavit of
support or required attachment'';
[cir] The term ``Forms I-864'' to read ``affidavits of support'';
[cir] The term ``I-864A'' to read ``affidavit of support
attachment''; and
[cir] The term ``A Form I-864'' to read ``An affidavit of
support''.
Omitted the term ``Form'' from the text being revised in 8 CFR
324.2;
Omitted the term ``the'' from the text being revised in 8 CFR
244.7(b) and 8 CFR 244.14(a)(3);
Provided conflicting instructions affecting 8 CFR 245.21(j);
and
Erroneously instructed to change the term ``district
director'' to read ``USCIS'' and omitted instructions to revise the
term ``the Service'' to read ``USCIS'' in 8 CFR 335.9.
Correction of Publication
Accordingly, the publication on August 29, 2011 (76 FR 53764) of
the final rule that was the subject of FR Doc. 2011-20990 is corrected
as follows:
PART 103--IMMIGRATION BENEFITS; BIOMETRIC REQUIREMENTS;
AVAILABILITY OF RECORDS
Subpart A--Applying for Benefits, Surety Bonds, Fees
Sec. 103.2 [Corrected]
0
1. On page 53780, second column, revise amendatory 8a. to read as
follows:
``8 * * *
0
a. Removing the phrases ``applications and petitions'' and
``applications or petitions'' and adding in their place the term
``benefit requests''; removing the term ``an application or petition''
and adding in its place ``a benefit request''; removing the term
``application or petition'' and adding in its place ``benefit
request''; and removing the terms ``the BCIS'', ``The BCIS'', and ``The
USCIS'' and adding in their place the term ``USCIS'' as they appear in
the following portions of the final rule:''.
0
2. On page 53780, third column, amend amendatory instruction 8j. by
adding at the end before the semicolon
[[Page 73476]]
``and revising the term ``application or benefit'' to read ``benefit
request'' in the third sentence of paragraph (b)(5)''.
0
3. On page 53780, third column, revise amendatory instruction 8k. to
read as follows:
``8. * * *
0
k. Revising the term ``application, petition or document'' to read ``a
benefit request'' in paragraph (b)(7);''
0
4. On page 53781, first column, in paragraph (b)(19), remove the word
``beneficiary'' from the end of the paragraph and add ``petitioner'' in
its place.
Sec. 103.7 [Corrected]
0
5. On page 53781, second column, revise amendatory instruction 14a. to
read as follows:
0
``14. Revising the terms ``The BCIS'' and ``BCIS'' to read ``USCIS''
wherever that term appears in paragraph (a)(1);''.
Sec. Sec. 103.20-103.36 [Corrected]
0
6. On page 53782, second column, revise amendatory instruction 21 to
read as follows:
0
``21. Sections 103.20 through 103.36 are removed and reserved.''.
PART 207--ADMISSION OF REFUGEES
0
7. On page 53783, third column, amendment 39, revise the amendatory
language for the revisions to paragraphs (d) and (f) to read as
follows:
Sec. 207.7 Derivatives of refugees.
* * * * *
(d) Filing. A refugee may request accompanying or following-to-join
benefits for his or her spouse and unmarried, minor child(ren) (whether
the spouse and children are inside or outside the United States) by
filing a separate Request for Refugee/Asylee Relative in accordance
with the form instructions for each qualifying family member. The
request may only be filed by the principal refugee. Family members who
derived their refugee status are not eligible to request derivative
benefits on behalf of their spouse and child(ren). A separate Request
for Refugee/Asylee Relative must be filed for each qualifying family
member within two years of the refugee's admission to the United States
unless USCIS determines that the filing period should be extended for
humanitarian reasons. There is no time limit imposed on a family
member's travel to the United States once the Request for Refugee/
Asylee Relative has been approved, provided that the relationship of
spouse or child continues to exist and approval of the Request for
Refugee/Asylee Relative has not been subsequently revoked. There is no
fee for this benefit request.
* * * * *
(f) Approvals. (1) Spouse or child in the United States. When a
spouse or child of a refugee is in the United States and the Request
for Refugee/Asylee Relative is approved, USCIS will notify the refugee
of such approval. Employment will be authorized incident to status.
(2) Spouse or child outside the United States. When a spouse or
child of a refugee is outside the United States and the Request for
Refugee/Asylee Relative is approved, USCIS will notify the refugee of
such approval. USCIS will send the approved request to the Department
of State for transmission to the U.S. Embassy or Consulate having
jurisdiction over the area in which the refugee's spouse or child is
located.
(3) Benefits. The approval of the Request for Refugee/Asylee
Relative will remain valid for the duration of the relationship to the
refugee and, in the case of a child, while the child is under 21 years
of age and unmarried, provided also that the principal's status has not
been revoked. However, the approved Request for Refugee/Asylee Relative
will cease to confer immigration benefits after it has been used by the
beneficiary for admission to the United States as a derivative of a
refugee. For a derivative inside or arriving in the United States,
USCIS will issue a document reflecting the derivative's current status
as a refugee to demonstrate employment authorization, or the derivative
may apply, under 8 CFR 274a.12(a), for evidence of employment
authorization.
* * * * *
PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL
0
8. On page 53784, third column, amendment 50, revise the amendatory
language for paragraphs (c) and (d) to read as follows:
Sec. 208.21 Admission of the asylee's spouse and children.
* * * * *
(c) Spouse or child in the United States. When a spouse or child of
an alien granted asylum is in the United States, but was not included
in the asylee's benefit request, the asylee may request accompanying or
following-to-join benefits for his or her spouse or child, by filing
for each qualifying family member a Request for Refugee/Asylee
Relative, with supporting evidence, and in accordance with the form
instructions, regardless of the status of that spouse or child in the
United States. A separate Request for Refugee/Asylee Relative must be
filed by the asylee for each qualifying family member within two years
of the date in which he or she was granted asylum status, unless it is
determined by USCIS that this period should be extended for
humanitarian reasons. Upon approval of the Request for Refugee/Asylee
Relative, USCIS will notify the asylee of such approval. Employment
will be authorized incident to status. To demonstrate employment
authorization, USCIS will issue a document reflecting the derivative's
current status as an asylee, or the derivative may apply, under 8 CFR
274a.12(a), for employment authorization. The approval of the Request
for Refugee/Asylee Relative will remain valid for the duration of the
relationship to the asylee and, in the case of a child, while the child
is under 21 years of age and unmarried, provided also that the
principal's status has not been revoked. However, the approved Request
for Refugee/Asylee Relative will cease to confer immigration benefits
after it has been used by the beneficiary for admission to the United
States as a derivative of an asylee.
(d) Spouse or child outside the United States. When a spouse or
child of an alien granted asylum is outside the United States, the
asylee may request accompanying or following-to-join benefits for his
or her spouse or child(ren) by filing a separate Request for Refugee/
Asylee Relative for each qualifying family member in accordance with
the form instructions. A separate Request for Refugee/Asylee Relative
for each qualifying family member must be filed within two years of the
date in which the asylee was granted asylum, unless USCIS determines
that the filing period should be extended for humanitarian reasons.
When the Request for Refugee/Asylee Relative is approved, USCIS will
notify the asylee of such approval. USCIS also will send the approved
request to the Department of State for transmission to the U.S. Embassy
or Consulate having jurisdiction over the area in which the asylee's
spouse or child is located. The approval of the Request for Refugee/
Asylee Relative will remain valid for the duration of the relationship
to the asylee and, in the case of a child, while the child is under 21
years of age and unmarried, provided also that the principal's status
has not been revoked. However, the approved Request for Refugee/Asylee
Relative will cease to confer immigration benefits after it has been
used by the beneficiary for
[[Page 73477]]
admission to the United States as a derivative of an asylee.
* * * * *
PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
Sec. 212.2 [Corrected]
0
9. On page 53786, second column, remove amendment 64.a and redesignate
64b through f as 64a through e accordingly.
Sec. 212.7 [Corrected]
0
10. On page 53787, first column, remove amendment 69.a. and redesignate
69b through m as 69a through l accordingly.
Sec. 212.15 [Corrected]
0
11. On page 53788, first column, revise amendatory instruction 75h. to
read as follows:
75. * * *
0
h. ``Revising the term ``Form I-905'' to read ``the request'' in
paragraph (m)(2).''.
PART 213a--AFFIDAVITS OF SUPPORT ON BEHALF OF ALIENS
Sec. 213a.2 [Corrected]
0
12. On page 53788, second column, revise amendatory instruction 80-82d.
to read as follows:
``80-82 * * *
0
d. Revising the phrase ``the Form I-130 or Form I-600 immigrant visa
petition (or the Form I-129F petition, for a K nonimmigrant seeking
adjustment)'' to read ``a relative, orphan or fiancé(e)
petition'' in the first sentence of paragraph (b)(1);''.
0
13. On page 53788, second column, revise amendatory instruction 80-82e.
to read as follows:
``80-82 * * *
0
e. Revising the phrase ``Form I-864P Poverty Guidelines'' to read ``the
Poverty Guidelines'' in paragraph (c)(2)(i)(A);''.
0
14. On page 53788, third column, revise the introductory text to
amendatory instruction 80-82l. to read as follows:
``80-82 * * *
0
l. Section 213a.2 is further amended by revising the term ``Forms I-
864'' to read ``affidavits of support'' and the term ``A Form I-864''
to read ``An affidavit of support'' and the terms ``Form I-864'' and
``the Form I-864'' to read ``an affidavit of support'' wherever those
terms appear in the following places:''
0
15. On page 53788, third column, amendment 80-82, add new instructions
n. and o. to read as follows:
0
n. Section 213a.2 is further amended by revising the terms ``any Forms
I-864A'' to read ``any affidavit of support attachments'' and the term
``any Form I-864A'' to read ``any affidavit of support attachment''
wherever those terms appear in paragraphs (a)(1)(ii), (iii), (iv), and
(v).
0
o. Section 213a.2 is further amended by revising the term ``Form I-864
or I-864A'' to read ``affidavit of support and any required
attachments''; the term ``I-864A'' to read ``affidavit of support
attachment''; and the term ``a Form I-864 or I-864A'' to read ``an
affidavit of support and any required attachments'' wherever those
terms appear in the following places:
i. Paragraph (a)(1)(v)(A);
ii. Paragraph (c)(2)(v); and
iii. Paragraph (e)(2)(i)(D).''
PART 244--TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED
STATES
Sec. 244.7 [Corrected]
0
16. On pages 53791, third column, revise amendatory instruction 108.b.
to read as follows:
``108. * * *
0
b. Revising the term ``the Attorney General'' to read ``DHS'' in
paragraph (b);''
Sec. 244.14 [Corrected]
0
17. On pages 53792, second column, revise amendatory instruction 113.d.
to read as follows:
``113. * * *
0
d. Revising the term ``the Attorney General'' to read ``DHS'' in
paragraph (a)(3);''.
PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
Sec. 245.21 [Corrected]
0
18. On page 53794, first column, amendment 129-130, remove instruction
j. and redesignate instructions k. and l. as j. and k., respectively.
0
19. On page 53794, first column, revise the introductory text to newly
redesignated amendatory instruction 129-130k to read as follows:
``129-130. * * *
0
k. By revising the terms ``Service'', ``The Service'' and ``the
Service'' to read ``USCIS'' and the term ``Service's'' to read
``USCIS's'' wherever the terms appear in the following paragraphs:''.
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
Sec. 324.2 [Corrected]
0
20. On page 53800, first column, revise amendatory instruction 191 to
read as follows:
0
``191. In Sec. 324.2, paragraph (b) is amended by revising the term
``Form N-400, as required by Sec. 316.4 of this chapter'' to read
``the form designated by USCIS in accordance with the form instructions
and with the fee prescribed in 8 CFR 103.7(b)(1) as required by 8 CFR
316.4''.''
PART 335--EXAMINATION ON APPLICATION FOR NATURALIZATION\
Sec. 335.9 [Corrected]
0
21. On page 53801, third column, revise amendatory instruction 220.b.
to read as follows:
``220. * * *
b. Revising the terms ``district director'', ``The district
director'', ``the district director'', and ``the Service'' to read
``USCIS'' and the term ``Service's'' to read ``USCIS's''.''
Christina E. McDonald,
Associate General Counsel for Regulatory Affairs.
[FR Doc. 2011-30510 Filed 11-28-11; 8:45 am]
BILLING CODE 9111-97-P