Immigrant Petitions; Children of Widows or Widowers

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 204

[INS No. 1690-95]

RIN 1115-AD91

Immigrant Petitions; Children of Widows or Widowers

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This rule adopts without change an interim rule published in

the Federal Register on July 31, 1995, by the Immigration and

Naturalization Service (``the Service''), which amended the Service's

regulations by providing clarifying language and procedures for

according immigrant status to children of widows or widowers who were

not previously eligible for immigration benefits as derivative

immediate relatives. This rule was necessary to enhance family well-

being by promoting the family unity relationship between the child and

his or her widowed mother or father.

EFFECTIVE DATE: This final rule is effective February 27, 1996.

FOR FURTHER INFORMATION CONTACT:

Ramonia Law-Hill, Senior Adjudications Officer, Adjudications Division,

Immigration and Naturalization Service, 425 ``I'' Street, NW., Room

3214, Washington, DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION: On July 31, 1995, the Commissioner of the

Immigration and Naturalization Service published in the Federal

Register at 60 FR 38947-38948 an interim rule with request for

comments. The rule implemented section 219(b) of the Immigration and

Nationality Technical Corrections Act of 1994, Public Law 103-416,

dated October 25, 1994. The rule enabled the child of a widow or

widower to be included in the widow or widower's petition and to

accompany or follow to join the widow or widower to the United States

as a derivative immediate relative. The rule enhanced family well-being

by promoting the family relationship between the child and his or her

widowed mother or father.

The public was provided with a 60-day comment period which ended on

September 29, 1995. No comments were received. Accordingly, the Service

is adopting the interim rule as a final rule without change.

[[Page 7207]]

Regulatory Flexibility Act

In accordance with the Regulatory Flexibility Act (5 U.S.C.

605(b)), the Commissioner of the Immigration and Naturalization

Service, certifies that this rule will not have a significant economic

impact on a substantial number of small entities. This rule merely

adopts without change an interim rule which has been in effect since

July 31, 1995.

Executive Order 12866

This rule is not considered by the Department of Justice,

Immigration and Naturalization Service, to be a ``significant

regulatory action'' under Executive Order 12866, section 3(f),

Regulatory Planning and Review, and the Office of Management and Budget

has waived its review process under section (6)(a)(3)(A).

Executive Order 12612

The regulation will not have a substantial direct effect on the

States, on the relationships between the National Government and the

States, or on the distribution of power and responsibilities among the

various levels of government. Therefore, in accordance with Executive

Order 12612, it is determined that this rule does not have sufficient

Federalism implications to warrant the preparation of a Federalism

Assessment.

This regulation will enhance family well-being by promoting the

family unity relationship between the child and his or her mother or

father.

List of Subjects in 8 CFR Part 204

Administrative practice and procedure, Aliens, Immigration,

Petitions.

Accordingly, the interim rule amending 8 CFR part 204 which was

published in the Federal Register on July 31, 1995, at 60 FR 38947-

38948 is adopted as a final rule without change.

Dated: February 16, 1996.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 96-4338 Filed 2-26-96; 8:45 am]

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