Restrictions on Legal Assistance to Aliens, 13017-13022 [2014-05008]

Download as PDF Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Proposed Rules * * * * * 4. Amend § 82.12 by revising paragraph (a) and removing paragraph (e) to read as follows: ■ § 82.12 Transfers of allowances for class I controlled substances. (a) Inter-company transfers. (1) Until January 1, 1996, for all class I controlled substances, except for Group VI, and until January 1, 2005, for Group VI, any person (‘‘transferor’’) may transfer to any other person (‘‘transferee’’) any amount of the transferor’s consumption allowances or production allowances, and effective January 1, 1995, for all class I controlled substances any person (‘‘transferor’’) may transfer to any other person (‘‘transferee’’) any amount of the transferor’s Article 5 allowances. After January 1, 2002, any essential-use allowance holder (including those persons that hold essential-use allowances issued by a Party other than the United States) (‘‘transferor’’) may transfer essential-use allowances for CFCs to a metered dose inhaler company solely for the manufacture of essential MDIs. After January 1, 2005, any critical use allowance holder (‘‘transferor’’) may transfer critical use allowances to any other person (‘‘transferee’’). * * * * * ■ 5. Amend § 82.13 by: ■ a. Revising paragraphs (f)(3)(iv) and (g)(4)(vii); and ■ b. Removing and reserving paragraphs (bb)(2)(iv) and (cc)(2)(iv) The revised text reads as follows. § 82.13 Recordkeeping and reporting requirements for class I controlled substances. * * * * * (f) * * * (3) * * * (iv) The producer’s total of expended and unexpended production allowances, consumption allowances, 13017 Article 5 allowances, critical use allowances (pre-plant), critical use allowances (post-harvest), and amount of essential-use allowances and destruction and transformation credits conferred at the end of that quarter; * * * * * (g) * * * (4) * * * (vii) The importer’s total sum of expended and unexpended consumption allowances by chemical as of the end of that quarter and the total sum of expended and unexpended critical use allowances (pre-plant) and unexpended critical use allowances (post-harvest); * * * * * ■ 6. Amend Subpart A by revising Appendix L to read as follows: Appendix L to Subpart A of Part 82— Approved Critical Uses and Limiting Critical Conditions for Those Uses for the 2014 and 2015 Control Periods Column A Column B Column C Approved critical uses Approved critical user, location of use, and control period Limiting critical conditions that exist, or that the approved critical user reasonably expects could arise without methyl bromide fumigation: PRE-PLANT USES Strawberry Fruit ........ California growers. Control periods 2014 and 2015 ............. Moderate to severe black root rot or crown rot. Moderate to severe yellow or purple nutsedge infestation. Moderate to severe nematode infestation. Local township limits prohibiting 1,3-dichloropropene. POST-HARVEST USES Food Processing ...... (a) Rice millers in the U.S. who are members of the USA Rice Millers Association. Control period 2014. (b) Pet food manufacturing facilities in the U.S. who are members of the Pet Food Institute. Control period 2014. (c) Members of the North American Millers’ Association in the U.S. Control period 2014. Commodities ............ Dry Cured Pork Products. California entities storing walnuts, dried plums, figs, raisins, and dates (in Riverside county only) in California. Control period 2014. Members of the National Country Ham Association and the Association of Meat Processors, Nahunta Pork Center (North Carolina), and Gwaltney and Smithfield Inc. Control periods 2014 and 2015. mstockstill on DSK4VPTVN1PROD with PROPOSALS ACTION: BILLING CODE 6560–50–P SUMMARY: 45 CFR Part 1626 Restrictions on Legal Assistance to Aliens AGENCY: Legal Services Corporation. VerDate Mar<15>2010 16:32 Mar 06, 2014 Jkt 232001 Red legged ham beetle infestation. Cheese/ham skipper infestation. Dermested beetle infestation. Ham mite infestation. Proposed program letter. [FR Doc. 2014–04882 Filed 3–6–14; 8:45 am] LEGAL SERVICES CORPORATION Moderate to severe beetle, weevil, or moth infestation. Presence of sensitive electronic equipment subject to corrosion. Moderate to severe beetle, moth, or cockroach infestation. Presence of sensitive electronic equipment subject to corrosion. Moderate to severe beetle infestation. Presence of sensitive electronic equipment subject to corrosion. Rapid fumigation required to meet a critical market window, such as during the holiday season. This proposed program letter serves as a companion to 45 CFR part 1626. The proposed program letter should have been published in the Federal Register with the further notice of proposed rulemaking (FNPRM) on February 5, 2014, 79 FR 6859. LSC seeks comments on the proposed program letter. Additional information on the request for comments is located in the SUPPLEMENTARY INFORMATION section. PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 Comments on the proposed program letter are due April 7, 2014. DATES: Written comments must be submitted to Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 20007; (202) 337–6519 (fax) or 1626rulemaking@lsc.gov. Electronic submissions are preferred via email with attachments in Acrobat PDF format. Written comments sent to any other address or received after the end ADDRESSES: E:\FR\FM\07MRP1.SGM 07MRP1 13018 Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Proposed Rules of the comment period may not be considered by LSC. FOR FURTHER INFORMATION CONTACT: Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 20007, (202) 295–1563 (phone), (202) 337–6519 (fax), 1626rulemaking@lsc.gov SUPPLEMENTARY INFORMATION: In 2003, LSC added a list of documents establishing the eligibility of aliens for legal assistance from LSC funding recipients as an appendix to part 1626. 68 FR 55540, Sept. 26, 2003. The appendix has not changed since 2003, although immigration documents and forms have changed and Congress has authorized LSC recipients to provide legal assistance to new categories of eligible aliens. LSC believes that the frequently changing nature of immigration documents and forms requires a more flexible and responsive means of informing recipients of the changes than the informal rulemaking process provides. Consequently, in a notice of proposed rulemaking published on August 21, 2013, LSC announced its intention to remove the appendix to part 1626 and publish the information contained in the appendix as a program letter. 78 FR 51696, Aug. 21, 2013. Because the initial revision of the appendix and reclassification as a program letter is a change to the regulation, it is being done pursuant to the LSC rulemaking protocol. As such, LSC is publishing the program letter in the Federal Register for public comment. LSC published a FNPRM on February 5, 2014 proposing requesting comment on additional revisions to part 1626. 79 FR 6859, Feb. 5, 2014. The proposed program letter was intended to accompany the FNPRM. The comment period for this program letter will remain open for thirty days from the date of publication of the letter in the Federal Register. Because this document does not affect the substance of the FNPRM, the deadline for comments on the FNPRM will remain March 7, 2014. Draft Program Letter [#] TO: All LSC Program Directors FROM: James J. Sandman, President DATE: [ ], 2014 SUBJECT: Alien Eligibility under LSC Regulation Part 1626 LSC published a final rule revising 45 C.F.R. Part 1626, ‘‘Restrictions on Legal Assistance to Aliens,’’ on [DATE]. Revised Part 1626 was published without the Appendix. The information contained in the Appendix will be published instead as a Program Letter and an accompanying chart describing the categories of aliens eligible for legal assistance from LSC recipients and containing a non-exhaustive list of examples of acceptable documentation showing eligibility under Part 1626. These documents should be read together with Part 1626 in making eligibility determinations. Documentation The documents identified as acceptable to establish eligibility fall into one of two categories: 1) documents regarding the immigration status of an alien; or 2) documents providing evidence that the alien has experienced qualifying abuse or otherwise meets the requirements of 45 C.F.R. § 1626.4 regarding the Violence Against Women Act (VAWA) and other anti-abuse statutes. Special Considerations Victims of trafficking are covered by different provisions of 45 C.F.R. § 1626.4 depending on the nature of the trafficking activity. Recipients should determine whether an alien is a victim of trafficking under VAWA or section 101(a)(15)(U) of the Immigration and Nationality Act, or a victim of severe forms of trafficking under the Trafficking Victims Protection Act, 22 U.S.C. § 7101 et seq. The facts of an alien’s situation may indicate that the alien is eligible for assistance under one or more of these statutes. Eligibility for assistance based on qualifying for a U-visa or being a victim of severe forms of trafficking requires consideration of other statutory factors in addition to the qualifying crime. See 8 U.S.C. § 1101(a)(15)(U); 22 U.S.C. § 7105(b)(1)(C). Recipients must document that an alien meets all relevant statutory factors. Additional Resources If you have any questions or concerns regarding this Program Letter or for further guidance, please contact LSC General Counsel Ronald S. Flagg. Additional information regarding the documentation contained in the chart can be found at the U.S. Customs and Immigration Service Web site (http:// www.uscis.gov) and at the AntiTrafficking in Persons Division of the Office of Refugee Resettlement within the Department of Health and Human Services Web site (http:// www.acf.hhs.gov/programs/orr/ programs/anti-trafficking). ALIEN ELIGIBILITY FOR REPRESENTATION BY LSC-FUNDED PROGRAMS Statutory authorization Regulatory authorization of eligibility in 45 CFR part 1626 8 U.S.C. 1101(a)(20) ................ § 1626.5(a) ....................... Alien category mstockstill on DSK4VPTVN1PROD with PROPOSALS Lawful Permanent Resident. VerDate Mar<15>2010 16:32 Mar 06, 2014 Jkt 232001 PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 Verification documents (1) Alien Registration Receipt Card: Form I–551 or Form I–151; or (2) Memorandum of Creation of Record of Lawful Permanent. Residence: Form I–181 with approval stamp; or (3) Passport bearing immigrant visa or stamp indicating admission for lawful permanent residence; or (4) Order granting residency or adjustment of status; or (5) Permit to Reenter the United States: Form I–327; or (6) Arrival/Departure Record: CBP Form I–94 with stamp indicating admission for lawful permanent residence; or E:\FR\FM\07MRP1.SGM 07MRP1 Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Proposed Rules 13019 ALIEN ELIGIBILITY FOR REPRESENTATION BY LSC-FUNDED PROGRAMS—Continued Alien category Statutory authorization Regulatory authorization of eligibility in 45 CFR part 1626 8 U.S.C. §§ 1158(b)(3), 1255, 1255a, 1259. § 1626.5(b) ....................... Asylee ............................... 8 U.S.C. § 1158 ........................ § 1626.5(c) ....................... Refugee ............................ mstockstill on DSK4VPTVN1PROD with PROPOSALS Spouse of a U.S. citizen, or a parent of a U.S. citizen, or an unmarried child under 21 of U.S. citizen; and who has filed an application for adjustment of status to lawful permanent resident. 8 U.S.C. § 1157 ........................ § 1626.5(c) ....................... VerDate Mar<15>2010 16:32 Mar 06, 2014 Jkt 232001 PO 00000 Frm 00057 Fmt 4702 Sfmt 4702 Verification documents (7) Any verification of lawful permanent residence in the U.S. to include any one of the following: authoritative document from the United States Immigration and Naturalization Service (INS);1 or the Department of Homeland Security (DHS), including online or email verification. (1) Proof of filing of a qualifying application for adjustment of status to permanent residency, which may include one or more of the following: a fee receipt or an online or email printout showing that the application was filed with the INS prior to 2003, U.S. Citizenship and Immigration Service (USCIS), the Department of Homeland Security (DHS), or the immigration court; or a filing stamp showing that the application was filed; or a grant of a fee waiver for such application, a biometrics appointment notice indicating such pending application, a printout from the USCIS online service, or a copy of the application accompanied by a notarized statement signed by the alien that such form was filed; and (2) Proof of relationship to U.S. citizen, which may include one or more of the following: a copy of the person’s marriage certificate accompanied by proof of the spouse’s U.S. citizenship; or a copy of the birth certificate, baptismal certificate, adoption decree, or other document demonstrating the individual is under the age of 21, accompanied by proof that the individual’s parent is a U.S. citizen; or a copy of Petition for Alien Relative: Form I– 130, or Petition for American, Widow(er) or Special Immigrant: Form I–360 containing information demonstrating the individual is related to such U.S. citizen, accompanied by proof of filing. (1) Arrival/Departure Record: Form I–94 or passport stamped ‘‘asylee’’ or ‘‘§ 208’’; or (2) Order granting asylum from INS 2, DHS, immigration judge, the Board of Immigration Appeals (BIA), or federal court; or (3) Refugee Travel Document: Form I–571; or (4) Employment Authorization Card: Form I–688B 3 or Employment Authorization Document: Form I– 766 coded ‘‘8 CFR § 274a.12(a)(5)(asylee)’’ or ‘‘A5’’; or (5) Any verification of lawful presence in the U.S. or other authoritative document from INS or DHS, including online or email verification. (1) Arrival/Departure Record: Form I–94 or passport stamped ‘‘refugee’’ or ‘‘§ 207’’; or (2) Employment Authorization Card: Form I–688B 4 or Employment Authorization Document: Form I– 766 coded ‘‘8 CFR § 274a.12(a)(3)(refugee)’’ or ‘‘A3’’ or ‘‘8 CFR § 274a.12(a)(4) (paroled refugee)’’ or ‘‘A4’’; or (3) Refugee Travel Document: Form I–571; or (4) Any verification of lawful presence in the U.S. or other authoritative document from INS or DHS, including online or email verification. E:\FR\FM\07MRP1.SGM 07MRP1 13020 Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Proposed Rules ALIEN ELIGIBILITY FOR REPRESENTATION BY LSC-FUNDED PROGRAMS—Continued Alien category Statutory authorization Regulatory authorization of eligibility in 45 CFR part 1626 8 U.S.C. § 1231(b)(3) holding of removal); INA section 243(h) holding of deportation clusion). (withformer (withor ex- § 1626.5(e) ....................... Conditional Entrant ........... 8 U.S.C. 1153(a)(7) 6 ................ § 1626.5(d) ....................... Special Agricultural Worker Temporary Resident. 8 U.S.C. 1160 ........................... § 1626.10(d) ..................... H–2A Temporary Agricultural Worker. 8 U.S.C. § 1101(a)(15)(H) ........ § 1626.11(a) ..................... H–2B Temporary Non-Agricultural Worker. 8 U.S.C. § 1101(a)(15)(H) ........ § 1626.11(b) ..................... Aliens subjected to battery, extreme cruelty, sexual assault, or trafficking. mstockstill on DSK4VPTVN1PROD with PROPOSALS Individual Granted Withholding of Deportation, Exclusion, or Removal. Pub. L. 104–208, Div. A, Tit. V, § 502(a)(2)(C), 110 Stat. 2009, 3009–60; Pub. L. 109– 162, § 164, 119 Stat. 2960, 2978.. § 1626.4(c)(1), (c)(2) ........ VerDate Mar<15>2010 16:32 Mar 06, 2014 Jkt 232001 PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 Verification documents (1) Arrival/Departure Record: Form I–94 stamped ‘‘§ 243(h)’’ or ‘‘§ 241(b)(3)’’; or (2) Order granting withholding of deportation/deferral of removal from DHS, U.S. Immigration and Customs Enforcement (ICE), immigration court, BIA, or federal court; or (3) Temporary Resident Card: Form I–688 5 or Employment Authorization Document: Form I–766 coded ‘‘8 CFR § 274a.12(a)(10) (withholding of deportation)’’ or ‘‘A10’’; or (4) Any verification of lawful presence in the U.S. or other authoritative document from INS or DHS, including online email verification. (1) Arrival/Departure Record: Form I–94 or passport stamped ‘‘conditional entrant’’; or (2) Any verification of lawful presence in the U.S. or other authoritative document from INS or DHS, including online or email verification. (1) Temporary Resident Card: Form I–688 7, I–688A, Employment Authorization Card: Form I–688B 8, or Employment Authorization Document: Form I–766 indicating issuance under INA § 210 (or under 8 C.F.R. § 274a.12(a)(2) or coded ‘‘A2,’’ with other evidence indicating eligibility under INA § 210); or (2) Any verification of lawful presence in the U.S. or other authoritative document from INS or DHS, including online or email verification. (1) Arrival/Departure Record: Form I–94 or passport stamped ‘‘H–2A’’; or (2) Any verification of lawful presence in the U.S. or other authoritative document from INS or DHS, including online or email verification. (1) Arrival/Departure Record: Form I–94 or passport stamped ‘‘H–2B’’ and evidence that the worker is employed in forestry; or (2) Any verification of lawful presence in the U.S. or other authoritative document from INS or DHS, including online or email verification. (1) A decision or other authoritative document from INS, DHS, USCIS, immigration judge, BIA, federal or state court finding or verifying that a person has been a victim of the qualifying abuse; or (2) An affidavit or unsworn written statement made by the alien; a written summary of a statement or interview of the alien taken by others, including the recipient; a report or affidavit from police, judges, and other court officials, medical personnel, school officials, clergy, social workers, other social service agency personnel; an order of protection or other legal evidence of steps taken to end the qualifying abuse; evidence that a person sought safe haven in a shelter or similar refuge from the qualifying abuse; photographs; documents or other evidence of a series of acts that establish a pattern of qualifying abuse; or (3) An application for administrative or judicial relief including an assertion that the applicant has been a victim of the qualifying abuse, but only if such application is accompanied or supplemented by any of the evidence described in the preceding paragraph (2). E:\FR\FM\07MRP1.SGM 07MRP1 Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Proposed Rules 13021 ALIEN ELIGIBILITY FOR REPRESENTATION BY LSC-FUNDED PROGRAMS—Continued Statutory authorization Regulatory authorization of eligibility in 45 CFR part 1626 Victims of severe forms of trafficking. 22 U.S.C. § 7105(b)(1)(B) ......... § 1626.4(c)(3) ................... Minor victims of severe forms of trafficking. 22 U.S.C. § 7105(b)(1)(B) ......... § 1626.4(c)(3) ................... Certain family members of victims of severe forms of trafficking (‘‘derivative T-visa holders’’). 22 U.S.C. § 7105(b)(1)(B) ......... § 1626.4(c)(3) ................... Aliens qualified for a Uvisa. mstockstill on DSK4VPTVN1PROD with PROPOSALS Alien category Pub. L. 109–162, § 164, 119 Stat. 2960, 2978; 8 U.S.C. § 1101(a)(15)(U). § 1626.4(c)(4) ................... VerDate Mar<15>2010 16:32 Mar 06, 2014 Jkt 232001 PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 Verification documents (1) An affidavit or unsworn written statement made by the alien; a written summary of a statement or interview of the alien taken by others, including the recipient; a report or affidavit from police, judges, and other court officials, medical personnel, school officials, clergy, social workers, other social service agency personnel; an order of protection or other legal evidence of steps taken to end the severe forms of trafficking; evidence that a person sought safe haven in a shelter or similar refuge from the severe forms of trafficking; photographs; documents or other evidence of a series of acts that establish a pattern of severe forms of trafficking; or (2) An application for administrative or judicial relief including an assertion that the applicant has been a victim of severe forms of trafficking, but only if such application is accompanied or supplemented by any of the evidence described in the preceding paragraph (1); or (3) Certification letter from the U.S. Department of Health and Human Services (HHS); or (4) Telephonic verification of certification by calling the HHS trafficking verification line, (202) 401– 5510, or (866) 401–5510. (1) Eligibility letter from HHS; or (2) Interim Eligibility Letter from HHS; or (3) An affidavit or unsworn written statement made by the alien; a written summary of a statement or interview of the alien taken by others, including the recipient; a report or affidavit from police, judges, and other court officials, medical personnel, school officials, clergy, social workers, other social service agency personnel; an order of protection or other legal evidence of steps taken to end severe forms of trafficking; evidence that the alien sought safe haven in a shelter or similar refuge from severe forms of trafficking; photographs; documents or other evidence of a series of acts that establish a pattern of severe forms of trafficking; or (1) Application for Immediate Family Member of T–1 Recipient: Form I–914, Supplement A; or (2) Notice of Action: Form I–797, visa, Arrival/Departure Form: Form I–94, or passport stamped T–2, T–3, T–4, or T–5, or T–6; or (3) Employment Authorization Card: Form I–688B or Employment Authorization Document: Form I–766 coded ‘‘(c)(25)’’; or (4) Documentary evidence showing that the primary applicant for immigration relief is a victim of severe forms of trafficking as described above; and credible evidence showing that the alien is a qualified family member of the primary applicant. (1) Petition for U Nonimmigrant Status: Form I–918; or (2) Petition for Immediate Family Member of U–1 Recipient: Form I–918, Supplement A; or (3) Notice of Action: Form I–797, visa, Arrival/Departure Record: Form I–94, or passport stamped U–1, U–2, U–3, U–4, or U–5; or (4) Employment Authorization Card: Form I–688B or Employment Authorization Document: Form I–766 coded ‘‘(a)(19)’’ (principal) or ‘‘(a)(20)’’ (derivative); or (5) A decision or other authoritative document from INS, DHS, USCIS, immigration judge, BIA, federal or state court finding or verifying that a person qualifies for a U-visa; or E:\FR\FM\07MRP1.SGM 07MRP1 13022 Federal Register / Vol. 79, No. 45 / Friday, March 7, 2014 / Proposed Rules ALIEN ELIGIBILITY FOR REPRESENTATION BY LSC-FUNDED PROGRAMS—Continued Alien category Statutory authorization Regulatory authorization of eligibility in 45 CFR part 1626 Verification documents (6) An affidavit or unsworn written statement made by the alien; a written summary of a statement or interview of the alien taken by others, including the recipient; a report or affidavit from police, judges, and other court officials, medical personnel, school officials, clergy, social workers, other social service agency personnel; an order of protection or other legal evidence of steps taken to end the qualifying abuse; evidence that the alien sought safe haven in a shelter or similar refuge from the qualifying abuse; photographs; documents or other evidence of a series of acts that establish a pattern of qualifying abuse; or (7) An application for administrative or judicial relief including an assertion that the applicant qualifies for a U-visa, but only if such application is accompanied or supplemented by any of the evidence described in the preceding paragraph (6); or (8) Documentary evidence showing that the primary applicant for immigration relief qualifies for a Uvisa as described above; and credible evidence showing that the alien is a qualified family member of the primary applicant. 1 For any immigration status document obtained prior to March 1, 2003. note 1. before April 3, 2009. 4 Supra note 3. 5 Supra note 3. 6 As in effect prior to April 1, 1980. 7 Infra note 3. 8 Infra note 3. 2 Supra 3 Dated Dated: March 4, 2014. Stefanie K. Davis, Assistant General Counsel. [FR Doc. 2014–05008 Filed 3–6–14; 8:45 am] BILLING CODE 7050–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 217 [Docket No. 131120978–4146–01] RIN 0648–BD80 Takes of Marine Mammals Incidental to Specified Activities; U.S. Navy Missile Launches From San Nicolas Island, California National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule, request for comments and information. mstockstill on DSK4VPTVN1PROD with PROPOSALS AGENCY: NMFS has received a request from the U.S. Navy (Navy), Naval Air Warfare Center Weapons Division (NAWCWD) for authorization to take marine mammals incidental to missile SUMMARY: VerDate Mar<15>2010 16:32 Mar 06, 2014 Jkt 232001 launches from San Nicolas Island (SNI) from June 2014 through June 2019. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue regulations and subsequent Letters of Authorization (LOAs) to the Navy to incidentally harass marine mammals. DATES: Comments and information must be received no later than April 21, 2014. ADDRESSES: You may submit comments, identified by 0648–BD80, by either of the following methods: • Electronic submissions: submit all electronic public comments via the Federal eRulemaking Portal (http:// www.regulations.gov) • Hand delivery or mailing of paper, disk, or CD–ROM comments should be addressed to Jolie Harrison, Incidental Take Program Supervisor, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. Instructions: All comments received are part of the public record and will generally be posted to http:// www.regulations.gov without change. All Personal Identifying Information (e.g., name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit PO 00000 Frm 00060 Fmt 4702 Sfmt 4702 Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/A in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. An electronic copy of the Navy’s application may be obtained by writing to the address specified above, telephoning the contact listed below (see FOR FURTHER INFORMATION CONTACT), or visiting the Internet at: http:// www.nmfs.noaa.gov/pr/permits/ incidental.htm#applications. Documents cited in this notice may also be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of E:\FR\FM\07MRP1.SGM 07MRP1

Agencies

[Federal Register Volume 79, Number 45 (Friday, March 7, 2014)]
[Proposed Rules]
[Pages 13017-13022]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05008]


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LEGAL SERVICES CORPORATION

45 CFR Part 1626


Restrictions on Legal Assistance to Aliens

AGENCY: Legal Services Corporation.

ACTION: Proposed program letter.

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

SUMMARY: This proposed program letter serves as a companion to 45 CFR 
part 1626. The proposed program letter should have been published in 
the Federal Register with the further notice of proposed rulemaking 
(FNPRM) on February 5, 2014, 79 FR 6859. LSC seeks comments on the 
proposed program letter. Additional information on the request for 
comments is located in the SUPPLEMENTARY INFORMATION section.

DATES: Comments on the proposed program letter are due April 7, 2014.

ADDRESSES: Written comments must be submitted to Stefanie K. Davis, 
Assistant General Counsel, Legal Services Corporation, 3333 K Street 
NW., Washington, DC 20007; (202) 337-6519 (fax) or 
1626rulemaking@lsc.gov. Electronic submissions are preferred via email 
with attachments in Acrobat PDF format. Written comments sent to any 
other address or received after the end

[[Page 13018]]

of the comment period may not be considered by LSC.

FOR FURTHER INFORMATION CONTACT: Stefanie K. Davis, Assistant General 
Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 
20007, (202) 295-1563 (phone), (202) 337-6519 (fax), 
1626rulemaking@lsc.gov

SUPPLEMENTARY INFORMATION: In 2003, LSC added a list of documents 
establishing the eligibility of aliens for legal assistance from LSC 
funding recipients as an appendix to part 1626. 68 FR 55540, Sept. 26, 
2003. The appendix has not changed since 2003, although immigration 
documents and forms have changed and Congress has authorized LSC 
recipients to provide legal assistance to new categories of eligible 
aliens. LSC believes that the frequently changing nature of immigration 
documents and forms requires a more flexible and responsive means of 
informing recipients of the changes than the informal rulemaking 
process provides. Consequently, in a notice of proposed rulemaking 
published on August 21, 2013, LSC announced its intention to remove the 
appendix to part 1626 and publish the information contained in the 
appendix as a program letter. 78 FR 51696, Aug. 21, 2013. Because the 
initial revision of the appendix and reclassification as a program 
letter is a change to the regulation, it is being done pursuant to the 
LSC rulemaking protocol. As such, LSC is publishing the program letter 
in the Federal Register for public comment.
    LSC published a FNPRM on February 5, 2014 proposing requesting 
comment on additional revisions to part 1626. 79 FR 6859, Feb. 5, 2014. 
The proposed program letter was intended to accompany the FNPRM. The 
comment period for this program letter will remain open for thirty days 
from the date of publication of the letter in the Federal Register. 
Because this document does not affect the substance of the FNPRM, the 
deadline for comments on the FNPRM will remain March 7, 2014.

Draft Program Letter []

TO: All LSC Program Directors
FROM: James J. Sandman, President
DATE: [ ], 2014
SUBJECT: Alien Eligibility under LSC Regulation Part 1626
    LSC published a final rule revising 45 C.F.R. Part 1626, 
``Restrictions on Legal Assistance to Aliens,'' on [DATE]. Revised Part 
1626 was published without the Appendix. The information contained in 
the Appendix will be published instead as a Program Letter and an 
accompanying chart describing the categories of aliens eligible for 
legal assistance from LSC recipients and containing a non-exhaustive 
list of examples of acceptable documentation showing eligibility under 
Part 1626. These documents should be read together with Part 1626 in 
making eligibility determinations.

Documentation

    The documents identified as acceptable to establish eligibility 
fall into one of two categories: 1) documents regarding the immigration 
status of an alien; or 2) documents providing evidence that the alien 
has experienced qualifying abuse or otherwise meets the requirements of 
45 C.F.R. Sec.  1626.4 regarding the Violence Against Women Act (VAWA) 
and other anti-abuse statutes.

Special Considerations

    Victims of trafficking are covered by different provisions of 45 
C.F.R. Sec.  1626.4 depending on the nature of the trafficking 
activity. Recipients should determine whether an alien is a victim of 
trafficking under VAWA or section 101(a)(15)(U) of the Immigration and 
Nationality Act, or a victim of severe forms of trafficking under the 
Trafficking Victims Protection Act, 22 U.S.C. Sec.  7101 et seq. The 
facts of an alien's situation may indicate that the alien is eligible 
for assistance under one or more of these statutes.
    Eligibility for assistance based on qualifying for a U-visa or 
being a victim of severe forms of trafficking requires consideration of 
other statutory factors in addition to the qualifying crime. See 8 
U.S.C. Sec.  1101(a)(15)(U); 22 U.S.C. Sec.  7105(b)(1)(C). Recipients 
must document that an alien meets all relevant statutory factors.

Additional Resources

    If you have any questions or concerns regarding this Program Letter 
or for further guidance, please contact LSC General Counsel Ronald S. 
Flagg. Additional information regarding the documentation contained in 
the chart can be found at the U.S. Customs and Immigration Service Web 
site (http://www.uscis.gov) and at the Anti-Trafficking in Persons 
Division of the Office of Refugee Resettlement within the Department of 
Health and Human Services Web site (http://www.acf.hhs.gov/programs/orr/programs/anti-trafficking).

                           Alien Eligibility for Representation by LSC-Funded Programs
----------------------------------------------------------------------------------------------------------------
                                                                   Regulatory
                                            Statutory           authorization of
           Alien category                 authorization       eligibility in 45 CFR     Verification documents
                                                                    part 1626
----------------------------------------------------------------------------------------------------------------
Lawful Permanent Resident..........  8 U.S.C. 1101(a)(20)..  Sec.   1626.5(a)......  (1) Alien Registration
                                                                                      Receipt Card: Form I-551
                                                                                      or Form I-151; or
                                                                                     (2) Memorandum of Creation
                                                                                      of Record of Lawful
                                                                                      Permanent. Residence: Form
                                                                                      I-181 with approval stamp;
                                                                                      or
                                                                                     (3) Passport bearing
                                                                                      immigrant visa or stamp
                                                                                      indicating admission for
                                                                                      lawful permanent
                                                                                      residence; or
                                                                                     (4) Order granting
                                                                                      residency or adjustment of
                                                                                      status; or
                                                                                     (5) Permit to Reenter the
                                                                                      United States: Form I-327;
                                                                                      or
                                                                                     (6) Arrival/Departure
                                                                                      Record: CBP Form I-94 with
                                                                                      stamp indicating admission
                                                                                      for lawful permanent
                                                                                      residence; or

[[Page 13019]]

 
                                                                                     (7) Any verification of
                                                                                      lawful permanent residence
                                                                                      in the U.S. to include any
                                                                                      one of the following:
                                                                                      authoritative document
                                                                                      from the United States
                                                                                      Immigration and
                                                                                      Naturalization Service
                                                                                      (INS);\1\ or the
                                                                                      Department of Homeland
                                                                                      Security (DHS), including
                                                                                      online or email
                                                                                      verification.
Spouse of a U.S. citizen, or a       8 U.S.C. Sec.  Sec.     Sec.   1626.5(b)......  (1) Proof of filing of a
 parent of a U.S. citizen, or an      1158(b)(3), 1255,                               qualifying application for
 unmarried child under 21 of U.S.     1255a, 1259.                                    adjustment of status to
 citizen; and who has filed an                                                        permanent residency, which
 application for adjustment of                                                        may include one or more of
 status to lawful permanent                                                           the following: a fee
 resident.                                                                            receipt or an online or
                                                                                      email printout showing
                                                                                      that the application was
                                                                                      filed with the INS prior
                                                                                      to 2003, U.S. Citizenship
                                                                                      and Immigration Service
                                                                                      (USCIS), the Department of
                                                                                      Homeland Security (DHS),
                                                                                      or the immigration court;
                                                                                      or a filing stamp showing
                                                                                      that the application was
                                                                                      filed; or a grant of a fee
                                                                                      waiver for such
                                                                                      application, a biometrics
                                                                                      appointment notice
                                                                                      indicating such pending
                                                                                      application, a printout
                                                                                      from the USCIS online
                                                                                      service, or a copy of the
                                                                                      application accompanied by
                                                                                      a notarized statement
                                                                                      signed by the alien that
                                                                                      such form was filed; and
                                                                                     (2) Proof of relationship
                                                                                      to U.S. citizen, which may
                                                                                      include one or more of the
                                                                                      following: a copy of the
                                                                                      person's marriage
                                                                                      certificate accompanied by
                                                                                      proof of the spouse's U.S.
                                                                                      citizenship; or a copy of
                                                                                      the birth certificate,
                                                                                      baptismal certificate,
                                                                                      adoption decree, or other
                                                                                      document demonstrating the
                                                                                      individual is under the
                                                                                      age of 21, accompanied by
                                                                                      proof that the
                                                                                      individual's parent is a
                                                                                      U.S. citizen; or a copy of
                                                                                      Petition for Alien
                                                                                      Relative: Form I-130, or
                                                                                      Petition for American,
                                                                                      Widow(er) or Special
                                                                                      Immigrant: Form I-360
                                                                                      containing information
                                                                                      demonstrating the
                                                                                      individual is related to
                                                                                      such U.S. citizen,
                                                                                      accompanied by proof of
                                                                                      filing.
Asylee.............................  8 U.S.C. Sec.   1158..  Sec.   1626.5(c)......  (1) Arrival/Departure
                                                                                      Record: Form I-94 or
                                                                                      passport stamped
                                                                                      ``asylee'' or ``Sec.
                                                                                      208''; or
                                                                                     (2) Order granting asylum
                                                                                      from INS \2\, DHS,
                                                                                      immigration judge, the
                                                                                      Board of Immigration
                                                                                      Appeals (BIA), or federal
                                                                                      court; or
                                                                                     (3) Refugee Travel
                                                                                      Document: Form I-571; or
                                                                                     (4) Employment
                                                                                      Authorization Card: Form I-
                                                                                      688B \3\ or Employment
                                                                                      Authorization Document:
                                                                                      Form I-766 coded ``8 CFR
                                                                                      Sec.
                                                                                      274a.12(a)(5)(asylee)'' or
                                                                                      ``A5''; or
                                                                                     (5) Any verification of
                                                                                      lawful presence in the
                                                                                      U.S. or other
                                                                                      authoritative document
                                                                                      from INS or DHS, including
                                                                                      online or email
                                                                                      verification.
Refugee............................  8 U.S.C. Sec.   1157..  Sec.   1626.5(c)......  (1) Arrival/Departure
                                                                                      Record: Form I-94 or
                                                                                      passport stamped
                                                                                      ``refugee'' or ``Sec.
                                                                                      207''; or
                                                                                     (2) Employment
                                                                                      Authorization Card: Form I-
                                                                                      688B \4\ or Employment
                                                                                      Authorization Document:
                                                                                      Form I-766 coded ``8 CFR
                                                                                      Sec.
                                                                                      274a.12(a)(3)(refugee)''
                                                                                      or ``A3'' or ``8 CFR Sec.
                                                                                       274a.12(a)(4) (paroled
                                                                                      refugee)'' or ``A4''; or
                                                                                     (3) Refugee Travel
                                                                                      Document: Form I-571; or
                                                                                     (4) Any verification of
                                                                                      lawful presence in the
                                                                                      U.S. or other
                                                                                      authoritative document
                                                                                      from INS or DHS, including
                                                                                      online or email
                                                                                      verification.

[[Page 13020]]

 
Individual Granted Withholding of    8 U.S.C. Sec.           Sec.   1626.5(e)......  (1) Arrival/Departure
 Deportation, Exclusion, or Removal.  1231(b)(3)                                      Record: Form I-94 stamped
                                      (withholding of                                 ``Sec.   243(h)'' or
                                      removal); former INA                            ``Sec.   241(b)(3)''; or
                                      section 243(h)                                 (2) Order granting
                                      (withholding of                                 withholding of deportation/
                                      deportation or                                  deferral of removal from
                                      exclusion).                                     DHS, U.S. Immigration and
                                                                                      Customs Enforcement (ICE),
                                                                                      immigration court, BIA, or
                                                                                      federal court; or
                                                                                     (3) Temporary Resident
                                                                                      Card: Form I-688 \5\ or
                                                                                      Employment Authorization
                                                                                      Document: Form I-766 coded
                                                                                      ``8 CFR Sec.
                                                                                      274a.12(a)(10)
                                                                                      (withholding of
                                                                                      deportation)'' or ``A10'';
                                                                                      or
                                                                                     (4) Any verification of
                                                                                      lawful presence in the
                                                                                      U.S. or other
                                                                                      authoritative document
                                                                                      from INS or DHS, including
                                                                                      online email verification.
Conditional Entrant................  8 U.S.C. 1153(a)(7)     Sec.   1626.5(d)......  (1) Arrival/Departure
                                      \6\.                                            Record: Form I-94 or
                                                                                      passport stamped
                                                                                      ``conditional entrant'';
                                                                                      or
                                                                                     (2) Any verification of
                                                                                      lawful presence in the
                                                                                      U.S. or other
                                                                                      authoritative document
                                                                                      from INS or DHS, including
                                                                                      online or email
                                                                                      verification.
Special Agricultural Worker          8 U.S.C. 1160.........  Sec.   1626.10(d).....  (1) Temporary Resident
 Temporary Resident.                                                                  Card: Form I-688 \7\, I-
                                                                                      688A, Employment
                                                                                      Authorization Card: Form I-
                                                                                      688B \8\, or Employment
                                                                                      Authorization Document:
                                                                                      Form I-766 indicating
                                                                                      issuance under INA Sec.
                                                                                      210 (or under 8 C.F.R.
                                                                                      Sec.   274a.12(a)(2) or
                                                                                      coded ``A2,'' with other
                                                                                      evidence indicating
                                                                                      eligibility under INA Sec.
                                                                                        210); or
                                                                                     (2) Any verification of
                                                                                      lawful presence in the
                                                                                      U.S. or other
                                                                                      authoritative document
                                                                                      from INS or DHS, including
                                                                                      online or email
                                                                                      verification.
H-2A Temporary Agricultural Worker.  8 U.S.C. Sec.           Sec.   1626.11(a).....  (1) Arrival/Departure
                                      1101(a)(15)(H).                                 Record: Form I-94 or
                                                                                      passport stamped ``H-2A'';
                                                                                      or
                                                                                     (2) Any verification of
                                                                                      lawful presence in the
                                                                                      U.S. or other
                                                                                      authoritative document
                                                                                      from INS or DHS, including
                                                                                      online or email
                                                                                      verification.
H-2B Temporary Non-Agricultural      8 U.S.C. Sec.           Sec.   1626.11(b).....  (1) Arrival/Departure
 Worker.                              1101(a)(15)(H).                                 Record: Form I-94 or
                                                                                      passport stamped ``H-2B''
                                                                                      and evidence that the
                                                                                      worker is employed in
                                                                                      forestry; or
                                                                                     (2) Any verification of
                                                                                      lawful presence in the
                                                                                      U.S. or other
                                                                                      authoritative document
                                                                                      from INS or DHS, including
                                                                                      online or email
                                                                                      verification.
Aliens subjected to battery,         Pub. L. 104-208, Div.   Sec.   1626.4(c)(1),    (1) A decision or other
 extreme cruelty, sexual assault,     A, Tit. V, Sec.         (c)(2).                 authoritative document
 or trafficking.                      502(a)(2)(C), 110                               from INS, DHS, USCIS,
                                      Stat. 2009, 3009-60;                            immigration judge, BIA,
                                      Pub. L. 109-162, Sec.                           federal or state court
                                        164, 119 Stat.                                finding or verifying that
                                      2960, 2978..                                    a person has been a victim
                                                                                      of the qualifying abuse;
                                                                                      or
                                                                                     (2) An affidavit or unsworn
                                                                                      written statement made by
                                                                                      the alien; a written
                                                                                      summary of a statement or
                                                                                      interview of the alien
                                                                                      taken by others, including
                                                                                      the recipient; a report or
                                                                                      affidavit from police,
                                                                                      judges, and other court
                                                                                      officials, medical
                                                                                      personnel, school
                                                                                      officials, clergy, social
                                                                                      workers, other social
                                                                                      service agency personnel;
                                                                                      an order of protection or
                                                                                      other legal evidence of
                                                                                      steps taken to end the
                                                                                      qualifying abuse; evidence
                                                                                      that a person sought safe
                                                                                      haven in a shelter or
                                                                                      similar refuge from the
                                                                                      qualifying abuse;
                                                                                      photographs; documents or
                                                                                      other evidence of a series
                                                                                      of acts that establish a
                                                                                      pattern of qualifying
                                                                                      abuse; or
                                                                                     (3) An application for
                                                                                      administrative or judicial
                                                                                      relief including an
                                                                                      assertion that the
                                                                                      applicant has been a
                                                                                      victim of the qualifying
                                                                                      abuse, but only if such
                                                                                      application is accompanied
                                                                                      or supplemented by any of
                                                                                      the evidence described in
                                                                                      the preceding paragraph
                                                                                      (2).

[[Page 13021]]

 
Victims of severe forms of           22 U.S.C. Sec.          Sec.   1626.4(c)(3)...  (1) An affidavit or unsworn
 trafficking.                         7105(b)(1)(B).                                  written statement made by
                                                                                      the alien; a written
                                                                                      summary of a statement or
                                                                                      interview of the alien
                                                                                      taken by others, including
                                                                                      the recipient; a report or
                                                                                      affidavit from police,
                                                                                      judges, and other court
                                                                                      officials, medical
                                                                                      personnel, school
                                                                                      officials, clergy, social
                                                                                      workers, other social
                                                                                      service agency personnel;
                                                                                      an order of protection or
                                                                                      other legal evidence of
                                                                                      steps taken to end the
                                                                                      severe forms of
                                                                                      trafficking; evidence that
                                                                                      a person sought safe haven
                                                                                      in a shelter or similar
                                                                                      refuge from the severe
                                                                                      forms of trafficking;
                                                                                      photographs; documents or
                                                                                      other evidence of a series
                                                                                      of acts that establish a
                                                                                      pattern of severe forms of
                                                                                      trafficking; or
                                                                                     (2) An application for
                                                                                      administrative or judicial
                                                                                      relief including an
                                                                                      assertion that the
                                                                                      applicant has been a
                                                                                      victim of severe forms of
                                                                                      trafficking, but only if
                                                                                      such application is
                                                                                      accompanied or
                                                                                      supplemented by any of the
                                                                                      evidence described in the
                                                                                      preceding paragraph (1);
                                                                                      or
                                                                                     (3) Certification letter
                                                                                      from the U.S. Department
                                                                                      of Health and Human
                                                                                      Services (HHS); or
                                                                                     (4) Telephonic verification
                                                                                      of certification by
                                                                                      calling the HHS
                                                                                      trafficking verification
                                                                                      line, (202) 401-5510, or
                                                                                      (866) 401-5510.
Minor victims of severe forms of     22 U.S.C. Sec.          Sec.   1626.4(c)(3)...  (1) Eligibility letter from
 trafficking.                         7105(b)(1)(B).                                  HHS; or
                                                                                     (2) Interim Eligibility
                                                                                      Letter from HHS; or
                                                                                     (3) An affidavit or unsworn
                                                                                      written statement made by
                                                                                      the alien; a written
                                                                                      summary of a statement or
                                                                                      interview of the alien
                                                                                      taken by others, including
                                                                                      the recipient; a report or
                                                                                      affidavit from police,
                                                                                      judges, and other court
                                                                                      officials, medical
                                                                                      personnel, school
                                                                                      officials, clergy, social
                                                                                      workers, other social
                                                                                      service agency personnel;
                                                                                      an order of protection or
                                                                                      other legal evidence of
                                                                                      steps taken to end severe
                                                                                      forms of trafficking;
                                                                                      evidence that the alien
                                                                                      sought safe haven in a
                                                                                      shelter or similar refuge
                                                                                      from severe forms of
                                                                                      trafficking; photographs;
                                                                                      documents or other
                                                                                      evidence of a series of
                                                                                      acts that establish a
                                                                                      pattern of severe forms of
                                                                                      trafficking; or
Certain family members of victims    22 U.S.C. Sec.          Sec.   1626.4(c)(3)...  (1) Application for
 of severe forms of trafficking       7105(b)(1)(B).                                  Immediate Family Member of
 (``derivative T-visa holders'').                                                     T-1 Recipient: Form I-914,
                                                                                      Supplement A; or
                                                                                     (2) Notice of Action: Form
                                                                                      I-797, visa, Arrival/
                                                                                      Departure Form: Form I-94,
                                                                                      or passport stamped T-2, T-
                                                                                      3, T-4, or T-5, or T-6; or
                                                                                     (3) Employment
                                                                                      Authorization Card: Form I-
                                                                                      688B or Employment
                                                                                      Authorization Document:
                                                                                      Form I-766 coded
                                                                                      ``(c)(25)''; or
                                                                                     (4) Documentary evidence
                                                                                      showing that the primary
                                                                                      applicant for immigration
                                                                                      relief is a victim of
                                                                                      severe forms of
                                                                                      trafficking as described
                                                                                      above; and credible
                                                                                      evidence showing that the
                                                                                      alien is a qualified
                                                                                      family member of the
                                                                                      primary applicant.
Aliens qualified for a U-visa......  Pub. L. 109-162, Sec.   Sec.   1626.4(c)(4)...  (1) Petition for U
                                       164, 119 Stat. 2960,                           Nonimmigrant Status: Form
                                      2978; 8 U.S.C. Sec.                             I-918; or
                                      1101(a)(15)(U).                                (2) Petition for Immediate
                                                                                      Family Member of U-1
                                                                                      Recipient: Form I-918,
                                                                                      Supplement A; or
                                                                                     (3) Notice of Action: Form
                                                                                      I-797, visa, Arrival/
                                                                                      Departure Record: Form I-
                                                                                      94, or passport stamped U-
                                                                                      1, U-2, U-3, U-4, or U-5;
                                                                                      or
                                                                                     (4) Employment
                                                                                      Authorization Card: Form I-
                                                                                      688B or Employment
                                                                                      Authorization Document:
                                                                                      Form I-766 coded
                                                                                      ``(a)(19)'' (principal) or
                                                                                      ``(a)(20)'' (derivative);
                                                                                      or
                                                                                     (5) A decision or other
                                                                                      authoritative document
                                                                                      from INS, DHS, USCIS,
                                                                                      immigration judge, BIA,
                                                                                      federal or state court
                                                                                      finding or verifying that
                                                                                      a person qualifies for a U-
                                                                                      visa; or

[[Page 13022]]

 
                                                                                     (6) An affidavit or unsworn
                                                                                      written statement made by
                                                                                      the alien; a written
                                                                                      summary of a statement or
                                                                                      interview of the alien
                                                                                      taken by others, including
                                                                                      the recipient; a report or
                                                                                      affidavit from police,
                                                                                      judges, and other court
                                                                                      officials, medical
                                                                                      personnel, school
                                                                                      officials, clergy, social
                                                                                      workers, other social
                                                                                      service agency personnel;
                                                                                      an order of protection or
                                                                                      other legal evidence of
                                                                                      steps taken to end the
                                                                                      qualifying abuse; evidence
                                                                                      that the alien sought safe
                                                                                      haven in a shelter or
                                                                                      similar refuge from the
                                                                                      qualifying abuse;
                                                                                      photographs; documents or
                                                                                      other evidence of a series
                                                                                      of acts that establish a
                                                                                      pattern of qualifying
                                                                                      abuse; or
                                                                                     (7) An application for
                                                                                      administrative or judicial
                                                                                      relief including an
                                                                                      assertion that the
                                                                                      applicant qualifies for a
                                                                                      U-visa, but only if such
                                                                                      application is accompanied
                                                                                      or supplemented by any of
                                                                                      the evidence described in
                                                                                      the preceding paragraph
                                                                                      (6); or
                                                                                     (8) Documentary evidence
                                                                                      showing that the primary
                                                                                      applicant for immigration
                                                                                      relief qualifies for a U-
                                                                                      visa as described above;
                                                                                      and credible evidence
                                                                                      showing that the alien is
                                                                                      a qualified family member
                                                                                      of the primary applicant.
----------------------------------------------------------------------------------------------------------------
\1\ For any immigration status document obtained prior to March 1, 2003.
\2\ Supra note 1.
\3\ Dated before April 3, 2009.
\4\ Supra note 3.
\5\ Supra note 3.
\6\ As in effect prior to April 1, 1980.
\7\ Infra note 3.
\8\ Infra note 3.


    Dated: March 4, 2014.
Stefanie K. Davis,
Assistant General Counsel.
[FR Doc. 2014-05008 Filed 3-6-14; 8:45 am]
BILLING CODE 7050-01-P