[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Rules and Regulations]
[Pages 30105-30109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14655]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 63, No. 106 / Wednesday, June 3, 1998 / Rules
and Regulations
[[Page 30105]]
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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]
BILLING CODE 4410-10-M