8 CFR - Title 8—Aliens and Nationality
Title 8 published on 2013-01-01
The following are only the Rules published in the Federal Register after the published date of Title 8.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-08985 RIN 1615-AB83 CIS No. 2481-09 DHS Docket No. USCIS-2009-0022 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services Correcting amendment. The effective date of this correcting amendment is April 17, 2013. 8 CFR Parts 103 and 208 On August 29, 2011, the Department of Homeland Security (DHS) published a final rule to amend DHS regulations to enable U.S. Citizenship and Immigration Services (USCIS) to transform its business processes. In this notice, we are correcting three technical errors.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-08985 RIN 1615-AB83 CIS No. 2481-09 DHS Docket No. USCIS-2009-0022 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services Correcting amendment. The effective date of this correcting amendment is April 17, 2013. 8 CFR Parts 103 and 208 On August 29, 2011, the Department of Homeland Security (DHS) published a final rule to amend DHS regulations to enable U.S. Citizenship and Immigration Services (USCIS) to transform its business processes. In this notice, we are correcting three technical errors.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-07526 RIN 1125-AA39 Docket No. EOIR 138F A.G. Order No. 3377-2013 DEPARTMENT OF JUSTICE, Executive Office for Immigration Review Final rule; request for comments. Effective date: This rule is effective May 31, 2013. Comment date: Written comments must be submitted on or before May 31, 2013. 8 CFR Part 1292 This final rule adopts, as amended, the proposed rule to authorize the Director of the Executive Office for Immigration Review (EOIR), or his designee, to register attorneys and accredited representatives as a condition of practicing before immigration judges and the Board of Immigration Appeals (Board or BIA). The final rule provides that the Director may establish registration procedures, including a requirement for electronic registration, and may administratively suspend from practice before EOIR any attorney or accredited representative who fails to provide certain registration information. This rule is part of an initiative to create an electronic case access and filing system within EOIR. The Department of Justice (Department) will publish a notice in the Federal Register prior to implementing the registration process. Although this rule is published as a final rule, post-promulgation public comments will be considered as EOIR moves forward with other phases of its electronic access and filing initiative.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-07252 RIN 1125-AA65 EOIR Docket No. 173 AG Order No. 3375-2013 DEPARTMENT OF JUSTICE, Executive Office for Immigration Review Final rule. This rule is effective April 29, 2013. 8 CFR Parts 1208 and 1240 This final rule adopts without substantive change the proposed rule with request for comments published in the Federal Register on October 31, 2011, and includes several non-substantive, technical corrections. The Department of Justice (Department) is amending its regulations to alter the process by which the Executive Office for Immigration Review (EOIR) forwards asylum applications for consideration by the Department of State (DOS), Bureau of Democracy, Human Rights, and Labor. Currently, EOIR forwards to DOS all asylum applications that are submitted initially in removal proceedings before an immigration judge. The final rule amends the regulations to provide for sending asylum applications to DOS on a discretionary basis. For example, EOIR may forward an application in order to ascertain whether DOS has information relevant to the applicant's eligibility for asylum. This change increases the efficiency of DOS' review of asylum applications and is consistent with similar changes already made by U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS).
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-07252 RIN 1125-AA65 EOIR Docket No. 173 AG Order No. 3375-2013 DEPARTMENT OF JUSTICE, Executive Office for Immigration Review Final rule. This rule is effective April 29, 2013. 8 CFR Parts 1208 and 1240 This final rule adopts without substantive change the proposed rule with request for comments published in the Federal Register on October 31, 2011, and includes several non-substantive, technical corrections. The Department of Justice (Department) is amending its regulations to alter the process by which the Executive Office for Immigration Review (EOIR) forwards asylum applications for consideration by the Department of State (DOS), Bureau of Democracy, Human Rights, and Labor. Currently, EOIR forwards to DOS all asylum applications that are submitted initially in removal proceedings before an immigration judge. The final rule amends the regulations to provide for sending asylum applications to DOS on a discretionary basis. For example, EOIR may forward an application in order to ascertain whether DOS has information relevant to the applicant's eligibility for asylum. This change increases the efficiency of DOS' review of asylum applications and is consistent with similar changes already made by U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS).
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-31268 RIN 1615-AB99 CIS No. 2519-2011 DHS Docket No. USCIS-2012-0003 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services, DHS Final rule. This final rule is effective March 4, 2013. 8 CFR Parts 103 and 212 On April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers prior to departing from the United States for consular processing of their immigrant visa applications. This final rule implements the provisional unlawful presence waiver process. It also finalizes clarifying amendments to other provisions within our regulations. The Department of Homeland Security (DHS) anticipates that these changes will significantly reduce the length of time U.S. citizens are separated from their immediate relatives who engage in consular processing abroad. DHS also believes that this new process will reduce the degree of interchange between the U.S. Department of State (DOS) and USCIS and create greater efficiencies for both the U.S. Government and most provisional unlawful presence waiver applicants. DHS reminds the public that the filing or approval of a provisional unlawful presence waiver application will not: Confer any legal status, protect against the accrual of additional periods of unlawful presence, authorize an alien to enter the United States without securing a visa or other appropriate entry document, convey any interim benefits ( e.g., employment authorization, parole, or advance parole), or protect an alien from being placed in removal proceedings or removed from the United States in accordance with current DHS policies governing initiation of removal proceedings and the use of prosecutorial discretion.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-31268 RIN 1615-AB99 CIS No. 2519-2011 DHS Docket No. USCIS-2012-0003 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services, DHS Final rule. This final rule is effective March 4, 2013. 8 CFR Parts 103 and 212 On April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers prior to departing from the United States for consular processing of their immigrant visa applications. This final rule implements the provisional unlawful presence waiver process. It also finalizes clarifying amendments to other provisions within our regulations. The Department of Homeland Security (DHS) anticipates that these changes will significantly reduce the length of time U.S. citizens are separated from their immediate relatives who engage in consular processing abroad. DHS also believes that this new process will reduce the degree of interchange between the U.S. Department of State (DOS) and USCIS and create greater efficiencies for both the U.S. Government and most provisional unlawful presence waiver applicants. DHS reminds the public that the filing or approval of a provisional unlawful presence waiver application will not: Confer any legal status, protect against the accrual of additional periods of unlawful presence, authorize an alien to enter the United States without securing a visa or other appropriate entry document, convey any interim benefits ( e.g., employment authorization, parole, or advance parole), or protect an alien from being placed in removal proceedings or removed from the United States in accordance with current DHS policies governing initiation of removal proceedings and the use of prosecutorial discretion.
Title 8 published on 2013-01-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to Title 8 after this date.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-09723 RIN 1615-AC02 CIS No. 2536-13 DEPARTMENT OF LABOR, DEPARTMENT OF HOMELAND SECURITY, Employment and Training Administration Interim final rule; request for comments. This interim final rule is effective April 24, 2013. Interested persons are invited to submit written comments on this interim final rule on or before June 10, 2013. 8 CFR Part 214 The Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This interim final rule revises how DOL provides the consultation that DHS has determined is necessary to adjudicate H-2B petitions by revising the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with the application for certification; the prevailing wage is then used in petitioning DHS to employ nonimmigrant workers in H-2B status. DOL and DHS are jointly issuing this rule in response to the court's order in Comité de Apoyo a los Trabajadores Agricolas v. Solis, which vacated portions of DOL's current prevailing wage rate regulation, and to ensure that there is no question that the rule is in effect nationwide in light of other outstanding litigation. This rule also contains certain revisions to DHS's H-2B rule to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classification, after consulting with DOL for its advice about matters with which DOL has expertise, particularly, in this case, questions about the methodology for setting the prevailing wage in the H-2B program.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-08985 RIN 1615-AB83 CIS No. 2481-09 DHS Docket No. USCIS-2009-0022 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services Correcting amendment. The effective date of this correcting amendment is April 17, 2013. 8 CFR Parts 103 and 208 On August 29, 2011, the Department of Homeland Security (DHS) published a final rule to amend DHS regulations to enable U.S. Citizenship and Immigration Services (USCIS) to transform its business processes. In this notice, we are correcting three technical errors.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-08985 RIN 1615-AB83 CIS No. 2481-09 DHS Docket No. USCIS-2009-0022 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services Correcting amendment. The effective date of this correcting amendment is April 17, 2013. 8 CFR Parts 103 and 208 On August 29, 2011, the Department of Homeland Security (DHS) published a final rule to amend DHS regulations to enable U.S. Citizenship and Immigration Services (USCIS) to transform its business processes. In this notice, we are correcting three technical errors.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-07526 RIN 1125-AA39 Docket No. EOIR 138F A.G. Order No. 3377-2013 DEPARTMENT OF JUSTICE, Executive Office for Immigration Review Final rule; request for comments. Effective date: This rule is effective May 31, 2013. Comment date: Written comments must be submitted on or before May 31, 2013. 8 CFR Part 1292 This final rule adopts, as amended, the proposed rule to authorize the Director of the Executive Office for Immigration Review (EOIR), or his designee, to register attorneys and accredited representatives as a condition of practicing before immigration judges and the Board of Immigration Appeals (Board or BIA). The final rule provides that the Director may establish registration procedures, including a requirement for electronic registration, and may administratively suspend from practice before EOIR any attorney or accredited representative who fails to provide certain registration information. This rule is part of an initiative to create an electronic case access and filing system within EOIR. The Department of Justice (Department) will publish a notice in the Federal Register prior to implementing the registration process. Although this rule is published as a final rule, post-promulgation public comments will be considered as EOIR moves forward with other phases of its electronic access and filing initiative.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-07252 RIN 1125-AA65 EOIR Docket No. 173 AG Order No. 3375-2013 DEPARTMENT OF JUSTICE, Executive Office for Immigration Review Final rule. This rule is effective April 29, 2013. 8 CFR Parts 1208 and 1240 This final rule adopts without substantive change the proposed rule with request for comments published in the Federal Register on October 31, 2011, and includes several non-substantive, technical corrections. The Department of Justice (Department) is amending its regulations to alter the process by which the Executive Office for Immigration Review (EOIR) forwards asylum applications for consideration by the Department of State (DOS), Bureau of Democracy, Human Rights, and Labor. Currently, EOIR forwards to DOS all asylum applications that are submitted initially in removal proceedings before an immigration judge. The final rule amends the regulations to provide for sending asylum applications to DOS on a discretionary basis. For example, EOIR may forward an application in order to ascertain whether DOS has information relevant to the applicant's eligibility for asylum. This change increases the efficiency of DOS' review of asylum applications and is consistent with similar changes already made by U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS).
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-07252 RIN 1125-AA65 EOIR Docket No. 173 AG Order No. 3375-2013 DEPARTMENT OF JUSTICE, Executive Office for Immigration Review Final rule. This rule is effective April 29, 2013. 8 CFR Parts 1208 and 1240 This final rule adopts without substantive change the proposed rule with request for comments published in the Federal Register on October 31, 2011, and includes several non-substantive, technical corrections. The Department of Justice (Department) is amending its regulations to alter the process by which the Executive Office for Immigration Review (EOIR) forwards asylum applications for consideration by the Department of State (DOS), Bureau of Democracy, Human Rights, and Labor. Currently, EOIR forwards to DOS all asylum applications that are submitted initially in removal proceedings before an immigration judge. The final rule amends the regulations to provide for sending asylum applications to DOS on a discretionary basis. For example, EOIR may forward an application in order to ascertain whether DOS has information relevant to the applicant's eligibility for asylum. This change increases the efficiency of DOS' review of asylum applications and is consistent with similar changes already made by U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS).
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-06974 RIN 1651-AA96 USCBP-2013-0011 CBP Dec. No. 13-06 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Interim final rule. Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013. 8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-31268 RIN 1615-AB99 CIS No. 2519-2011 DHS Docket No. USCIS-2012-0003 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services, DHS Final rule. This final rule is effective March 4, 2013. 8 CFR Parts 103 and 212 On April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers prior to departing from the United States for consular processing of their immigrant visa applications. This final rule implements the provisional unlawful presence waiver process. It also finalizes clarifying amendments to other provisions within our regulations. The Department of Homeland Security (DHS) anticipates that these changes will significantly reduce the length of time U.S. citizens are separated from their immediate relatives who engage in consular processing abroad. DHS also believes that this new process will reduce the degree of interchange between the U.S. Department of State (DOS) and USCIS and create greater efficiencies for both the U.S. Government and most provisional unlawful presence waiver applicants. DHS reminds the public that the filing or approval of a provisional unlawful presence waiver application will not: Confer any legal status, protect against the accrual of additional periods of unlawful presence, authorize an alien to enter the United States without securing a visa or other appropriate entry document, convey any interim benefits ( e.g., employment authorization, parole, or advance parole), or protect an alien from being placed in removal proceedings or removed from the United States in accordance with current DHS policies governing initiation of removal proceedings and the use of prosecutorial discretion.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-31268 RIN 1615-AB99 CIS No. 2519-2011 DHS Docket No. USCIS-2012-0003 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services, DHS Final rule. This final rule is effective March 4, 2013. 8 CFR Parts 103 and 212 On April 2, 2012, U.S. Citizenship and Immigration Services (USCIS) published a proposed rule to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional unlawful presence waivers prior to departing from the United States for consular processing of their immigrant visa applications. This final rule implements the provisional unlawful presence waiver process. It also finalizes clarifying amendments to other provisions within our regulations. The Department of Homeland Security (DHS) anticipates that these changes will significantly reduce the length of time U.S. citizens are separated from their immediate relatives who engage in consular processing abroad. DHS also believes that this new process will reduce the degree of interchange between the U.S. Department of State (DOS) and USCIS and create greater efficiencies for both the U.S. Government and most provisional unlawful presence waiver applicants. DHS reminds the public that the filing or approval of a provisional unlawful presence waiver application will not: Confer any legal status, protect against the accrual of additional periods of unlawful presence, authorize an alien to enter the United States without securing a visa or other appropriate entry document, convey any interim benefits ( e.g., employment authorization, parole, or advance parole), or protect an alien from being placed in removal proceedings or removed from the United States in accordance with current DHS policies governing initiation of removal proceedings and the use of prosecutorial discretion.