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  • News: DOS Amends Immigrant Visa Documentation Under INA

    DEPARTMENT OF STATE

    22 CFR Part 42

    [Public Notice: 8755]
    RIN 1400-AD52


    Visas: Documentation of Immigrants Under the Immigration and
    Nationality Act, as Amended

    AGENCY: Department of State.

    ACTION: Final rule.

    -----------------------------------------------------------------------

    SUMMARY: Pursuant to the Violence Against Women and Department of
    Justice Reauthorization Act of 2005, the Department of State amends the
    immigrant visa classification table listed in the Department's
    regulations to add a symbol for an immigrant visa issued to to an alien
    who: is the parent of a current U.S.citizen, or the parent of a former
    U.S. citizen who, within the two-year period prior to filing the
    petition, lost or renounced U.S. citizenship status related to an
    incident of domestic violence or died; is a person of good moral
    character; is eligible to be classified as an immediate relative under
    the Immigration and Nationality Act; resides, or has resided, with the
    U.S. citizen daughter or son; demonstrates that he or she has been
    battered or subject to extreme cruelty by the U.S. citizen daughter or
    son; and has an approved petition from the Department of Homeland
    Security.

    DATES: This rule becomes effective June 5, 2014.

    FOR FURTHER INFORMATION CONTACT: Taylor W. Beaumont, Department of
    State, Bureau of Consular Affairs, Office of Visa Services, Legal
    Affairs, Division of Legislation and Regulations, 600 19th Street NW.,
    Washington, DC 20431, email (BeaumontTW@state.gov).

    SUPPLEMENTARY INFORMATION: Section 816 of the Violence Against Women
    and Department of Justice Reauthorization Act of 2005, Title VIII of
    Public Law 109-162, codified at 8 U.S.C. 1154(a)(1)(A)(vii), created an
    immigrant visa classification for the parents of U.S. citizens, and the
    parents of former U.S. citizens who, within the past two years, have
    lost or renounced U.S. citizenship status related to an incident of
    domestic violence or died.
    The Department currently identifies applicants for this status
    using the ``IB5'' symbol, an existing symbol used for parents of U.S.
    citizens who are at least 21 years old. The unique IB5 classification
    symbol will facilitate the Department's ability to identify applicants
    for such status in various immigrant visa information databases.

    Regulatory Findings

    A. Administrative Procedure Act

    Since this rule concerns the administration of visas, which is a
    foreign affairs function of the United States, the Department publishes
    this rule as a final rule pursuant to 5 U.S.C. 553(a)(1). In addition,
    since this rule implements the provisions of the Violence Against Women
    and Department of Justice Reauthorization Act of 2005, the Department
    finds that notice and public comment on this rule are unnecessary,
    pursuant to 5 U.S.C. 553(b)(B). Accordingly, this rule is effective
    immediately.

    B. Regulatory Flexibility Act/Executive Order 13272: Small Business

    Because this rule is exempt from notice and comment rulemaking
    under 5 U.S.C. 553, it is exempt from the regulatory flexibility
    analysis requirements set forth at sections 603 and 604 of the
    Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless,
    consistent with section 605(b) of the Regulatory Flexibility Act (5
    U.S.C. 605(b)), the Department has reviewed this regulation and
    certifies that this rule will not have a significant economic impact on
    a substantial number of small entities.

    C. The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995, Public Law
    104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires agencies to
    prepare a statement before proposing any rule that may result in an
    annual expenditure of $100 million or more by State, local, or tribal
    governments, or by the private sector. This rule will not result in any
    such expenditure, nor will it significantly or uniquely affect small
    governments.

    D. The Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804, for
    purposes of congressional review of agency rulemaking under the Small
    Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-
    121. This rule would 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.

    E. Executive Order 12866

    The Department does not consider this rule to be a ``significant
    regulatory action'' within the scope of section 3(f) of Executive Order
    12866. Nonetheless, the Department has reviewed the rule to ensure its
    consistency with the regulatory philosophy and principles set forth in
    the Executive Order.

    F. Executive Order 13563

    The Department of State has considered this rule in light of
    Executive Order 13563 and affirms that this regulation is consistent
    with the guidance therein.

    G. Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effects on the
    states, on the relationship between the national government and the
    states, or the distribution of power and responsibilities among the
    various levels of government. Nor will the rule have federalism
    implications warranting the application of Executive Orders 12372 and
    13132.

    H. Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulations in light of sections
    3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity,
    minimize litigation, establish clear legal standards, and reduce
    burden.

    I. Executive Order 13175

    The Department of State has determined that this rulemaking will
    not have tribal implications, will not impose substantial direct
    compliance costs on Indian tribal governments, and will not pre-empt
    tribal law. Accordingly, the requirements of Executive Order 13175 do
    not apply to this rulemaking.

    [[Page 32482]]

    J. Paperwork Reduction Act

    This rule does not impose information collection requirements under
    the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

    List of Subjects in 22 CFR Part 42

    Aliens, Foreign officials, Immigration, Passports and visas.

    22 CFR Part 42 is amended as follows:

    PART 42--VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION
    AND NATIONALITY ACT, AS AMENDED

    0
    1. The authority citation for part 42 is amended to read as follows:

    Authority: 8 U.S.C. 1104 and 1182; Pub. L. 105-277; Pub. L.
    108-449; 112 Stat. 2681-795 through 2681-801; The Convention on
    Protection of Children and Co-operation in Respect of Intercountry
    Adoption (done at the Hague, May 29, 1993), S. Treaty Doc. 105-51
    (1998), 1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); 42 U.S.C. 14901-
    14954, Pub. L. 106-279; Pub. L. 111-287; 8 U.S.C. 1101, 124 Stat.
    3058; 8 U.S.C. 1154, Pub. Law 109-162.


    0
    2. Section 42.11 is amended by adding an entry for ``IB5'' after
    ``IB3'' under ``Immediate Relatives'' in the ``Immigrants'' table to
    read as follows:


    Sec. 42.11 Classification symbols.

    * * * * *

    Immigrants
    ----------------------------------------------------------------------------------------------------------------
    Symbol Class Section of law
    ----------------------------------------------------------------------------------------------------------------
    Immediate Relatives
    ......................................

    * * * * * * *
    IB5............................................ Self-petition Parent of U.S. Citizen.. 204(a)(1)(A)(vii)

    * * * * * * *
    ----------------------------------------------------------------------------------------------------------------


    Dated: May 12, 2014.
    Michele T. Bond,
    Acting Assistant Secretary for Consular Affairs, Department of State.
    [FR Doc. 2014-13091 Filed 6-4-14; 8:45 am]
    BILLING CODE 4710-06-P
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