Adjustment of Status of Refugees and Asylees: Processing Under Direct Mail Program

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 103 and 209

[INS No. 1829-96]

RIN 1115-AD73

Adjustment of Status of Refugees and Asylees: Processing Under

Direct Mail Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule amends the Immigration and Naturalization

Service (Service or INS) regulations regarding the filing and

processing of applications by alien refugees and asylees to adjust

their status to that of lawful permanent residents. This rule expands

the Service's Direct Mail Program to require refugees and asylees to

file their applications for adjustment of status directly with an INS

service center for processing. This procedural change is designed to

improve customer service to these applicants.

DATES: Effective date: This interim rule is effective July 6, 1998.

Comment Date: Written comments must be submitted on or before

August 3, 1998.

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

20563. To ensure proper handling, please reference INS No. 1829-96 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, Staff Officer, Immigration and Naturalization Service,

425 I Street, NW., Room 3214, Washington, DC 20536, Telephone: (202)

514-5014, or Ronald E. Johnson, Center Adjudications Officer,

California Service Center, Immigration and Naturalization Service,

24000 Avila Road, Laguna Niguel, CA 92677, Telephone: (714) 360-2872.

SUPPLEMENTARY INFORMATION:

Authority

Section 209(b) of the Immigration and Nationality Act (Act)

provides that refugees and asylees in the United States may be adjusted

to the status of permanent residents.

Background

What Are the Current Procedures for the Adjustment of Refugees and

Asylees to Permanent Resident Status?

A. Refugees

The procedure by which refugees acquire permanent resident status

is an inspection process divided into three stages, as follows:

(1) A personal interview of each refugee applicant is conducted by

an immigration officer outside the United States to determine

eligibility for refugee status and admissibility to the United States.

Each applicant is questioned under oath and signs a sworn statement

concerning admissibility. A medical examination is performed, and

security checks, when required, are conducted prior to travel to the

United States. Remaining questions of identity, eligibility for refugee

status, and admissibility to the United States are resolved at this

time.

(2) The applicant is admitted to the United States as a refugee.

(3) Following a personnel appearance at a local Service office 1

year after the date of admission to the United States, the refugee is

inspected, interviewed, and adjusted to the status of a lawful

permanent resident.

Refugees are currently required to submit fingerprints and

biographic forms which are processed prior to determining there

admissibility to permanent resident status. The fingerprints are

referred to the Federal Bureau of Investigation (FBI) and the

biographic data circulated to the FBI and other agencies to determine

if any information exists which would bar the applicant from permanent

residence. Responses to these agency checks, positive or negative, must

be received prior to admitting the refugee to permanent residence. Once

the responses have been received, the inspection and examination

interview is conducted (if the applicant has not already been

interviewed prior to that receipt). Upon successful completion of the

inspection and examination interview, the refugee applicant is granted

lawful permanent residence in the United States.

B. Ayslees

The adjustment process for asylee is similar to that for a refugee,

with some exceptions. The process by which asylees acquire permanent

resident status in the United States has two stages, as follows:

(1) An alien in the United States applies for asylum, followed by

an interview before an asylum officer or a hearing before an

immigration judge. On the application and during the interview or

hearing, the applicant must establish his or her eligibility for status

as a refugee.

(2) After 1 year since the grant of asylum, the asylee applies for

permanent resident status by filing Form I-485, Application to Register

Permanent Residence or Adjust Status, which the Service officer uses to

determine the applicant's continuing eligibility for benefits under

section 209(b) of the Act. Required fingerprints are generally

collected and processed before the applicant appears for interview at a

Service office, if an interview is required.

How Can the Service Improve and Streamline This Adjustment Process?

Applications and petitions for immigration benefits, particularly

those for adjustment of status and for naturalization, are being filed

in record numbers. As a result, processing time for these applications

has lengthened significantly. The processing of refugees and asylees

for permanent residence consumes a large amount of resources. The

Service believes that the refugee adjustment process will be improved

by requiring applicants to submit the written information concerning

themselves on a single prescribed form, the I-485, as asylees already

do. Use of the Form I-485 will help to ensure a more orderly and

efficient process of

[[Page 30106]]

their applications for permanent resident status; it will also enable

the Service to track cases more effectively, respond more quickly to

status inquires, and provide better overall service to these

applicants.

The Service also believes that the processing of refugee and asylee

adjustment applications can be more efficiently managed at a

centralized location through the Direct Mail Program. Under the Direct

Mail Program, applicants for certain designated immigration benefits

mail their applications or petitions directly to an INS service center

for processing instead of submitting them to an INS local office. The

Service is incrementally expanding the Direct Mail Program to include

all applications and petitions, except where it is impracticable to do

so. Expansion to Direct Mail is a key element in the Service's strategy

to reduce processing times and improve customer service. It is also

consistent with the Service's current adjustment of status interview

policy, which encourages field personnel to focus resources on

interviewing those cases in which in-person examinations are actually

needed. The types of adjustment applications selected for the Direct

Mail Program have been those with the lowest known fraud risk. However,

as an indicator of adjudication quality, the statistical evidence of

denial rates for adjustment cases currently being adjudicated by the

service centers compares favorably with the overall denial rates for

those adjudicated at district offices. Including applications for

adjustment of status by refugees and asylees in the Direct Mail Program

allows the Service to redirect resources to improve service at local

offices while moving closer to the goal of full Direct Mail

implementation.

What Does This Interim Rule do?

This interim rule streamlines the processing of request for

adjustment of status submitted by refugees and asylees to one

centralized location. Under this rule, refugees or asylees are required

to mail their Form I-485 applications for adjustment of status directly

to the designated service center, at this time the Nebraska Service

Center (NSC), for processing. It is believed that the initial filing

and data entry for all refugee and asylee adjustment applications can

best be accomplished at a single service center having the personnel,

training, and technical resources to process them efficiently and

consistently.

Under this new Direct Mail procedure, the service center will

evaluate each application and determine whether an interview is

necessary. The Service may decide to adjudicate an application without

an interview in cases where the evaluation does not indicate questions

concerning the applicant's eligibility for adjustment of status.

Service center adjudication officers are trained to refer to the local

offices any application that appears to warrant an interview.

The service center will refer to the local offices for interview

and adjudication all cases indicating higher risk or complex issues,

such as criminal charges, indications of fraud, changes in the country

conditions upon which a refugee or asylees status was based, or asylees

who had entered the United States without inspection. As an additional

tool to monitor the integrity of the adjudications process and any

emerging trends affecting the exercise of the Service's interview

determination authority, the service center will refer to the local

offices for interview a random sample of at least 2 percent of all

other refugee an asylee adjustment applications. In all cases where a

service center refers an adjustment application to a local office for

adjudication, the receiving office will complete and return to the

service center an interview referral processing worksheet, which will

be reviewed as an indicator for any additional interview referral

criteria that should be implemented. Those cases which are referred to

district offices for interview will be adjudicated by the district

directors of those offices.

Other statutory references in Secs. 209.1 and 209.2 are being

amended to reflect revised sections of the Act, as amended by the

Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(IIRIRA). Section 341 of IIRIRA amended section 212(a)(1)(A)(ii) of the

Act regarding vaccination requirements for immigrants. The Centers for

Disease Control have provided the designated civil surgeons with

instructions regarding the vaccination assessment and the vaccination

supplement. The Service has determined that these vaccination

requirements do not apply to aliens seeking admission as refugees under

section 207 of the Act, but that they do apply to refugees at the time

of their application for adjustment to permanent resident status under

section 209(a) of the Act, as well as to asylees applying for

adjustment under section 209(b) of the Act.

What are the Changes in Refugee Adjustment Processing?

Section 209(a) of the Act states that a refugee must be returned to

the ``custody'' of the Service for inspection and examination. There is

no comparable statutory requirement for asylees applying for adjustment

of status. The ``custody'' requirement for refugees applying for

adjustment of status can be met if the Service maintains sufficient

control over the applicants to make a determination of their

admissibility to the United States as immigrants and to institute

removal procedures if they should be found to be inadmissible.

Additionally, a procedure that requires refugees to apply for

adjustment of status and gives the Service the authority to compel them

to appear before an officer of the Service satisfies the requirements

of the Act. Although the Service may require refugees seeking

adjustment of status to be interviewed by an immigration officer, the

Service does not have to interview each and every refugee.

To facilitate the extension of the Direct Mail Program to include

the adjustment of status of refugees, the Service is amending

Sec. 209.1 to require the submission of a Form I-485, without fee to

the Service. The application and accompanying documents will be

reviewed to determine whether the applicant is admissible to the United

States and otherwise eligible of permanent residence, has been

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

not already acquired permanent resident status on some other basis.

In requiring refugees seeking permanent residence to submit a Form

I-485, the Service constructively places them under its custodial

control. At the same time, the direct filing of a Form I-485 with the

service center enable the INS to exercise discretion in determining

when an in-person interview with the applicant is necessary. With this

streamlined process, the Service can enhance customer service and make

more effective use of Service resources.

Although this streamlined Direct Mail process requires refugee

applicants for permanent residence to file a Form I-485, they will

continue to be exempted from a filing fee. In refraining from charging

this class of applicants the normal Form I-485 filing fee, the Service

is following its established policy of assisting refugees in their

settlement and assimilation into American society.

The file of a refugee generally includes the original medical

examination report issued by the panel physician prior to the

applicant's entry into the United States. The regulations at

Sec. 209.1(b) provide that a refugee is not required to repeat the

entire medical examination if no medical grounds of inadmissibility

arose during the initial

[[Page 30107]]

medical examination prior to entry. Such refugee applicants for

adjustment of status under section 209(a) of the Act need only comply

with the vaccination requirement, by submitting a vaccination

supplement that has been completed by a designated civil surgeon. The

Service is developing special procedures to address concerns about the

difficulties encountered by some refugees in complying with the

vaccination requirements.

What are the Changes in Asylee Adjustment Processing?

To facilitate the extension of the Direct Mail Program to include

applications for adjustment of status filed by asylees, the Service is

amending Sec. 209.2 by replacing the phrase ``district director'' with

``director'' wherever it appears. These changes permit the Service to

assign adjudicative jurisdiction for asylum-based permanent residence

applications to either district directors or service center directors.

The Service is amending Sec. 209.2(c) to require filing of an

asylum-based Form I-485 with the Service office identified in the

instructions accompanying the Form I-485 (which at this time will be

the NSC). This amendment allows the Service to more effectively and

efficiently respond as its workload changes.

Section 209.2(e) is being amended to allow the Service to review an

application for asylum-based permanent residence and determine if a

final decision on the application can be made without an interview. In

this process, the officer will determine if there are facts or issues

that need to be resolved in an interview, or whether the application

meets other referral criteria developed by the Service. The application

will be transferred to a local office for processing if it is

determined that an interview with the applicant is necessary. If the

local office discovers evidence of fraud in the original application

for asylum, or determines that the applicant no longer qualifies as a

refugee under section 101(a)(42) of the Act, the evidence will be

referred to the Asylum Office having jurisdiction over the applicant's

place of residence, for a determination whether asylee status is to be

revoked. Once the Asylum Office has resolved the issues regarding

revocation, the local office will complete its adjudication of the Form

I-485 application.

Medical examinations are not required from aliens who apply for

asylum, because they are, by that time, already in the United States

and not seeking admission. However, when asylees apply under section

209(b) of the Act for admission to permanent resident status 1 year

after having been granted asylum, they must submit the results of a

full medical examination, completed by a designated civil surgeon in

the United States, as provided in Sec. 209.2(d). This rule amends

Sec. 209.2(d) to include the vaccination assessment requirement as part

of the civil surgeon's examination report.

What Applications are Included in the Direct Mail Process for an

Adjustment Application Filed by a Refugee or Asylee?

As of June 3, 1998, the following applications must be mailed to

the NSC (see section entitled ``Modification of filing instructions on

relating forms'') instead of being filed with a local INS district

office:

(1) Form I-485, Application to Register Permanent Residence or

Adjust Status (including adjustment applications submitted by eligible

dependents of the principal applicant), if it is being filed on the

basis of refugee status or an approved asylum application (Form I-589,

Application for Asylum or for Withholding of Deportation);

(2) Form I-643, Health and Human Services Statistical Data for

Refugee/Asylee Adjusting Status;

(3) Form I-131, Application for Travel Document, filed on the basis

of a refugee or an asylum-based Form I-485; except that an applicant

who is seeking advance parole authorization may file the Form I-131

either at a service center or at a district office;

(4) Form I-602, Application by Refugee for Waiver of Grounds of

Excludability, filed on the basis of a refugee or asylum-based Form I-

485; and

(5) Form I-765, Application for Employment Authorization, filed on

the basis of status as a refugee or an asylee.

How Will Photographs and Fingerprints be Processed Under This Rule?

A refugee or asylee applying to the NSC for adjustment of status

must submit, as part of his or her Form I-485 application, the required

photographs. After the application has been accepted for processing,

the NSC will send those applicants who are required to be fingerprinted

written instructions regarding the time and place for the taking of the

prescribed set of Form FD-258 fingerprints. Applicants whose Form I-485

applications have been approved will be instructed regarding the time

and place for the execution of a Form I-89, Data Collection Card to

capture the biometric data (photograph, index fingerprint, and

signature) required for the production of their permanent resident

card.

The Service plans to restructure Form I-485 processing to eliminate

the need for a separate Form I-89 card to capture the applicant's

biometric alien registration card data. Until further notice, however,

applicants whose Form I-485 applications have been approved must

continue to make a personal appearance for the execution of the I-89

data card. The Service will notify aliens involved in Form I-485

processing under this Direct Mail Program, regarding when and where the

Form I-89 card may be executed.

How May Refugee or Asylee Adjustment Applicants Apply for an Employment

Authorization Document, Advance Parole, or a Waiver of Inadmissibility?

An applicant for adjustment of status may apply concurrently to the

NSC for the following:

(1) An employment authorization document (EAD) by filing a Form I-

765, Application for Employment Authorization;

(2) Advance parole authorization by filing Form I-131, Application

for Travel Document; or

(3) A waiver of exclusion grounds by filing Form I-602, Application

by Refugee for Waiver on Grounds of Excludability.

In the event that the NSC transfers an applicant's Form I-485 to a

local district office for adjudication, the NSC will send the applicant

a written notice of the transfer, with instructions that any subsequent

application for related benefits based on the adjustment application

(such as a Form I-602, Form I-765, or Form I-131) must be filed with

the local office where the I-485 application is pending.

Will There be a Transition Period?

During the first 60 days following the effective date of this rule,

local Service offices that receive any of the applications designated

in this rule for the Direct Mail Program must decide whether to

continue to accept and process them locally, or to forward them, at no

cost to the applicant or petitioner, to the Nebraska Service Center for

adjudication. The local office's decision will be based on its

assessment of pertinent factors such as whether the transition to

Direct Mail will significantly delay EAD issuance, whether accepting

the case is appropriate in light of current workloads, or other

relevant circumstances. Applications forwarded to the NSC will be

considered properly filed when received at the NSC with the proper

signature and fee.

[[Page 30108]]

Any application or petition designated for Direct Mail which is

submitted to a local office after the expiration of this 60 day

transition period will be returned to the applicant for proper filing

with the NSC. The local office cannot assume responsibility for any

applicant's failure to file a timely application or petition at the

NSC.

How Will This Rule Change the Filing Instructions for Form-485 and

Related Forms?

The present edition of Form I-485 (Rev. 09-09-92) will be revised

as soon as practicable to include instructions to refugees and asylees

regarding adjustment procedures under this rule. In the meantime, the

Supplementary Instructions accompanying the Form I-485 which are

currently attached to all Forms I-485 distributed to the public will

include the following additional information:

Fee

1. Form I-485 base filing fee. If you are applying for permanent

resident status as a Refugee under section 209(a) of the Immigration

and Nationality Act (Act), you are not required to pay the filing fee.

Where to File

2. Applications by Refugees and Asylees. If you are a refugee or an

asylee applying for permanent residence under section 209 of the Act,

you must mail your application on Form I-485 to the following address:

Nebraska Service Center, P.O. Box 87485, Lincoln, NE 68501-7485.

If along with your adjustment application you are filing a Form I-

131, Application for Travel Document, for the purpose of obtaining

advance parole authorization, or a Form I-765, Application for

Employment Authorization, or a Form I-602, Application by Refugee for

Waiver on Grounds of Excludability, please follow the instructions

which accompany those forms.

Good Cause Exemption

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

provisions for post-promulgation comments, is based upon the exception

found at 5 U.S.C. 553(b)(B) and (d)(3). This rule imposes no

substantive change in existing requirements, but rather adjusts the

Service's procedures for implementing those requirements, in order to

promote efficiency of adjudication and better service to the public.

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. This rule is primarily administrative in nature and

merely updates existing procedures contained in Title 8 of the Code of

Federal Regulations. This rule applies to individuals and has no

economic effect on small entities.

Unfunded Mandates Reform Act of 1995

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

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

million or more in any 1 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.

Small Business Regulatory Enforcement Fairness Act of 1996

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

Small Business Regulatory Enforcement Fairness Act of 1996. This rule

will not result in an annual effect on the economy of $100 million or

more; a major increase in costs 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, 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 regulations proposed 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 Civil Justice Reform

This interim rule meets the applicable standards set forth in

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

Paperwork Reduction Act

The information collection requirements contained in this rule have

been approved for use by the Office of Management and Budget under the

provisions of the Paperwork Reduction Act. The OMB control numbers for

these collections are contained in Sec. 299.5, Display of control

numbers.

List of Subjects

8 CFR Part 103

Administrative practice and procedure, Authority delegations

(Government agencies), Freedom of Information, Privacy, Reporting and

recordkeeping requirements, Surety bonds.

8 CFR Part 209

Aliens, Immigration, Refugees.

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

Regulations is amended as follows:

PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF

SERVICE RECORDS

1. The authority citation for part 103 continues to read as

follows:

Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. 1101, 1103, 1201,

1229, 1252 note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47

FR 14874, 15557, 3 CFR, 1982 Comp., p 166; 8 CFR part 2.

2. In Sec. 103.7, paragraph (b)(1) is amended by revising the entry

for ``Form I-485'' to read as follows:

Sec. 103.7 Fees.

* * * * *

(b) * * *

(1) * * *

* * * * *

Form I-485. For filing application for permanent resident status

or creation of a record of lawful permanent residence--$130 for an

applicant 14 years of age or older; $100 for an applicant under the

age of 14 years; no fee for an applicant filing as a refugee under

section 209(a) of the Act.

* * * * *

PART 209--ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED

ASYLUM

3. The authority citation for part 209 continues to read as

follows:

[[Page 30109]]

Authority: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252,

1282; 8 CFR part 2.

4. Section 209.1 is revised to read as follows:

Sec. 209.1 Adjustment of status of refugees.

The provisions of this section shall provide the sole and exclusive

procedure for adjustment of status by a refugee admitted under section

207 of the Act whose application is based on his or her refugee status.

(a) Eligibility. (1) Every alien in the United States who is

classified as a refugee under part 207 of this chapter, whose status

has not been terminated, is required to apply to the Service 1 year

after entry in order for the Service to determine his or her

admissibility under section 212 of the Act.

(2) Every alien processed by the Immigration and Naturalization

Service abroad and paroled into the United States as a refugee after

April 1, 1980, and before May 18, 1980, shall be considered as having

entered the United States as a refugee under section 207(a) of the Act.

(b) Application. Upon admission to the United States, every refugee

entrant shall be notified of the requirement to submit an application

for permanent residence 1 year after entry. An application for the

benefits of section 209(a) of the Act shall be filed on Form I-485,

without fee, with the director of the appropriate Service office

identified in the instructions which accompany the Form I-485. A

separate application must be filed by each alien. Every applicant who

is 14 years of age or older must submit a completed Form G-325A

(Biographical Information) with the Form I-485 application. Following

submission of the Form I-485 application, a refugee entrant who is 14

years of age or older will be required to execute a Form FD-258

(Applicant Fingerprint Card) at such time and place as the Service will

designate.

(c) Medical examination. A refugee seeking adjustment of status

under section 209(a) of the Act is not required to repeat the medical

examination performed under Sec. 207.2(c), unless there were medical

grounds of inadmissibility applicable at the time of admission. The

refugee is, however, required to establish compliance with the

vaccination requirements described under section 212(a)(1)(A)(ii) of

the Act, by submitting with the adjustment of status application a

vaccination supplement, completed by a designated civil surgeon in the

United States.

(d) Interview. The Service director having jurisdiction over the

application will determine, on a case-by-case basis, whether an

interview by an immigration officer is necessary to determine the

applicant's admissibility for permanent resident status under this

part.

(e) Decision. The director will notify the applicant in writing of

the decision of his or her application for admission to permanent

residence. If the applicant is determined to be inadmissible or no

longer a refugee, the director will deny the application and notify the

applicant of the reasons for the denial. The director will, in the same

denial notice, inform the applicant of his or her right to renew the

request for permanent residence in removal proceedings under section

240 of the Act. There is no appeal of the denial of an application by

the director, but such denial will be without prejudice to the alien's

right to renew the application in removal proceedings under part 240 of

this chapter. If the applicant is found to be admissible for permanent

residence under section 209(a) of the Act, the director will approve

the application and admit the applicant for lawful permanent residence

as of the date of the alien's arrival in the United States. An alien

admitted for lawful permanent residence will be issued Form I-551,

Alien Registration Receipt Card.

Sec. 209.2 [Amended]

5. In Sec. 209.2, revise the term ``district director'' to read

``director'' wherever it appears in the following places:

a. Paragraph (a)(1) introductory text;

b. Paragraph (a)(2);

c. Paragraph (b); and

d. Paragraph (f).

6. Section 209.2 is further amended by:

a. Revising paragraphs (c) and (d); and by

b. Adding a sentence at the end of paragraph (e), to read as

follows:

Sec. 209.2 Adjustments of status of alien granted asylum.

* * * * *

(c) Application. An application for the benefits of section 209(b)

of the Act may be filed on Form I-485, with the correct fee, with the

director of the appropriate Service office identified in the

instructions to the Form I-485. A separate application must be filed by

each alien. Every applicant who is 14 years of age or older must submit

a completed Form G-325A (Biographic Information) with the Form I-485

application. Following submission of the Form I-485 application, every

applicant who is 14 years of age or older will be required to execute a

Form FD-258 (Applicant Fingerprint Card) at such time and place as the

Service will designate. Except as provided in paragraph (a)(2) of this

section, the application must also be supported by evidence that the

applicant has been physically present in the United States for at least

1 year. If an alien has been placed in deportation or exclusion

proceedings, the application can be filed and considered only in

proceedings under section 240 of the Act.

(d) Medical examination. An alien seeking adjustment of status

under section 209(b) of the Act 1 year following the grant of asylum

under section 208 of the Act shall submit the results of a medical

examination to determine whether any grounds of inadmissibility

described under section 212(a)(1)(A) of the Act apply. Form I-693,

Medical Examination of Aliens Seeking Adjustment of Status, and a

vaccination supplement to determine compliance with the vaccination

requirements described under section 212(a)(1)(A)(ii) of the Act must

be completed by a designed civil surgeon in the United States and

submitted at the time of application for adjustment of status.

(e) * * * The Service director having jurisdiction over the

application will determine, on a case-by-case basis, whether an

interview by an immigration officer is necessary to determine the

applicant's admissibility for permanent resident status under this

part.

* * * * *

Sec. 209.2 [Amended]

8. In Sec. 209.2, paragraph (f) is amended by revising the

reference to ``parts 242 and 236'' to read ``part 240''.

Dated: May 28, 1998.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 98-14655 Filed 6-2-98; 8:45 am]

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