8 CFR Part 212 - DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE | Title 8 - Aliens and Nationality | Code of Federal Regulations

Authority:

8 U.S.C. 1101 and note, 1102, 1103, 1182 and note, 1184, 1187, 1223, 1225, 1226, 1227, 1255, 1359; 8 U.S.C. 1185 note (section 7209 ofPub. L. 108-458); 8 CFR part 2.

Section 212.1(q) also issued under section 702, Public Law 110-229, 122 Stat. 754, 854.

Source:

17 FR 11484, Dec. 19, 1952, unless otherwise noted.

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.

2013-03-27; vol. 78 # 59 - Wednesday, March 27, 2013

78 FR 18457 - Definition of Form I-94 To Include Electronic Format

GPO FDSys XML | Text

Additional Documents

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

Summary

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.

2013-01-03; vol. 78 # 2 - Thursday, January 3, 2013

78 FR 536 - Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives

GPO FDSys XML | Text

Additional Documents

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

Summary

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.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 8 - ALIENS AND NATIONALITY

§ 1101 - Definitions

§ 1101 note - Definitions

§ 1102 - Diplomatic and semidiplomatic immunities

§ 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

§ 1182 - Inadmissible aliens

§ 1182 note - Inadmissible aliens

§ 1184 - Admission of nonimmigrants

§ 1185 note - Travel control of citizens and aliens

§ 1187 - Visa waiver program for certain visitors

§ 1223 - Entry through or from foreign territory and adjacent islands

§ 1225 - Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

§ 1226 - Apprehension and detention of aliens

§ 1227 - Deportable aliens

§ 1359 - Application to American Indians born in Canada

Title 8 published on 2013-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 8 CFR 212 after this date.

2013-03-27; vol. 78 # 59 - Wednesday, March 27, 2013

78 FR 18457 - Definition of Form I-94 To Include Electronic Format

GPO FDSys XML | Text

Additional Documents

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

Summary

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.

2013-01-03; vol. 78 # 2 - Thursday, January 3, 2013

78 FR 536 - Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives

GPO FDSys XML | Text

Additional Documents

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

Summary

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.

8 CFR Part 212 - DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

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