Adjustment of Status for Certain Polish and Hungarian Parolees

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 245

[INS No. 1825-97]

RIN 1115-AE25

Adjustment of Status for Certain Polish and Hungarian Parolees

AGENCY: Immigration and Naturalization Service. Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This rule amends the Immigration and Naturalization Service

(Service) regulations by providing for the adjustment to lawful

permanent resident status of certain alien parolees from Polish and

Hungary. This is necessary to ensure that these individuals, paroled

into the United States between November 1, 1989, and December 31, 1991,

will have the opportunity to apply for resident alien status.

DATES: Effective Date: This interim rule is effective May 23, 1997.

Comment Date: Written comments must be submitted on or before July

22, 1997.

ADDRESSES: Please submit written comments, in triplicate, to the

Director, Policy Directives and Instructions Branch, Immigration and

Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC

20536. To ensure proper handling please reference INS number (1825-97)

on your correspondence. Comments are available for public inspection at

the above address by calling (202) 514-3048 to arrange for an

appointment.

FOR FURTHER INFORMATION CONTACT:

Gerard Casale, Senior Adjudications Officer, Immigration and

Naturalization Service, Adjudications and Nationality Division, 425 I

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

SUPPLEMENTARY INFORMATION: Section 646 of Public Law 104-208, the

Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(IIRIRA), provides for the adjustment of status to lawful permanent

resident of certain nationals of Polish and Hungary who were inspected

and granted parole into the United States during the period beginning

on November 1, 1989, and ending on December 31, 1991, after having been

denied refugee status. In order to apply for the benefits of section

646 of IIRIRA, eligible aliens must have been physically present in the

United States for at least 1 year and be physically present in the

United States on the date their application for such adjustment is

filed. Applicants are also required to establish that they are

admissible to the United States as immigrants under the Immigration and

Nationality Act, except as provided in section 646(c) of IIRIRA. The

law sets no time limit for making an application for adjustment under

this provision.

Section 646(c) of IIRIRA exempts eligible applicants from the

restrictions on admissibility set forth in paragraphs (4), (5), and

(7)(A) of section 212(a) of the Immigration and Naturalization Act (the

Act) and authorizes the Attorney General to waive any provision of

section 212(a) of the Act, other than paragraph (2)(C) and paragraphs

(3)(A), (B), (C), or (E), provided that the Attorney General determines

that the applicant's adjustment to permanent resident status would be

justified ``for humanitarian purposes, to assure family unity, or when

it is otherwise in the public interest.''

This rule adds a new section, Sec. 245.12, to Title 8 of the Code

of Federal Regulations, which provides that each person seeking the

benefits of section 646(b) of Pub. L. 104-208 (IIRIRA) must apply to

the district director having jurisdiction over his or her place of

residence, by filing a completed Form I-485, Application to Register

Permanent Residence or Adjust Status, accompanied by the appropriate

filing fee. Each application must be accompanied by specific evidence

that the applicant meets the eligibility requirements of IIRIRA section

646, as well as the medical examination, security checks, and other

supporting documentation set forth in Sec. 245.12.

There is no statutory provision to make application for the

benefits of section 646 of IIRIRA outside the United States. For that

reason, aliens whose applications for adjustment of status are still

pending should not depart from the United States without first applying

for advance parole authorization.

Good Cause Exception

The Service's implementation of this rule as an interim rule, with

a provision for post-promulgation public comment, is based upon the

``good cause'' exception found at 5 U.S.C. 553(b)(B) and (d)(3). The

reasons and the necessity for immediate implementation of this interim

rule without prior notice and comment are as follows: These changes

have been mandated by the passage of Pub. L. 104-208, and early

implementation will be advantageous to the intended beneficiaries who

have been in parolee status without the opportunity to apply for

permanent resident status and are now eligible for adjustment of status

in the United States.

Regulatory Flexibility Act

The Commissioner of the Immigration and Naturalization Service, in

accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has

reviewed this regulation, and, by approving it, certifies that the rule

will not have a significant economic impact on a substantial number of

small entities, because of the following factor: this regulation

affects individuals, not small entities and the number of individuals

affected are minimal.

Unfunded Mandates Reform Act of 1995

This rule will not result in the expenditure by State, local, and

tribal governments, in the aggregate, or by the private sector, of $100

million or more in any one year, and it will not significantly or

uniquely affect small governments. Therefore, no actions were deemed

necessary under the provisions of the Unfunded Mandates Reform Act of

1995.

[[Page 28315]]

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 804 of the

Small Business Regulatory Enforcement Act of 1996. This rule will not

result in an annual effect on the economy of $100 million or more; a

major increase in cost or prices; or significant adverse effects on

competition, employment, investment, productivity, innovation, or on

the ability of United States-based companies to compete with foreign-

based companies in domestic and export markets.

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 under section 6(a)(3)(A).

Executive Order 12612

The regulations adopted herein will not have substantial direct

effects on the States, on the relationship 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.

Executive Order 12988

This interim rule meets the applicable standards set forth in

section 3(a) and 3(b)(2) of E.O. 12988.

Paperwork Reduction Act

This interim rule does not impose any new reporting or

recordkeeping requirements. The information collection requirements

contained in this rule have previously been approved for use by the

Office of Management and Budget under the paperwork Reduction Act. The

OMB control numbers for these collections are contained in 8 CFR 299.5,

Display of control numbers.

Lists of Subjects in 8 CFR Part 245

Aliens, Immigration, Reporting and recordkeeping requirements.

Accordingly, part 245 of chapter I of title 8, the Code of Federal

Regulations is amended as follows:

PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR

PERMANENT RESIDENCE

1. The authority citation for part 245 continues to read as

follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1255; 8 CFR part 2.

2. Section 245.12 is added to read as follows:

Sec. 245.12 Adjustment of status of certain Polish and Hungarian

parolees under the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996.

(a) Application. Each person applying for adjustment of status

under section 646(b) of Pub. L. 104-208 must file a completed Form I-

485, Application to Register Permanent Residence or Adjustment Status,

accompanied by the appropriate filing fee, with the district director

having jurisdiction over the applicant's place of residence. Each

application shall be accompanied by specific evidence that the

applicant meets the requirements for eligibility under section 646 of

Pub. L. 104-208; a Form I-643, Health and Human Services Statistical

Data; the results of the medical examination made in accordance with

Sec. 245.5; Form G-325A, Biographic Information, and, unless the

applicant is under the age of 14 years or over the age of 79 years, a

properly executed Form FD-258, Fingerprint Card.

(b) Effect of departure. Departure from the United States by an

applicant for benefits under this provision shall be deemed an

abandonment of the application as provided in Sec. 245.2(a)(4)(ii).

Dated: May 6, 1997.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 97-13594 Filed 5-22-97; 8:45 am]

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