35984 Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Proposed Rules

Dated: July 3, 1996.

Lon Hatamiya,

Administrator.

[FR Doc. 96–17478 Filed 7–3–96; 3:48 pm]

BILLING CODE 3410–02–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 207 and 208

[INS No. 1639–93]

RIN 1115–AD59

Procedures for Filing a Derivative

Petition (Form I–730) for a Spouse and

Unmarried Children of a Refugee/

Asylee

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Proposed rule.

SUMMARY: This rule proposes to amend

the Immigration and Naturalization

Service (Service) regulations by

providing procedures which must be

followed by a refugee to bring his/her

spouse and unmarried, minor child(ren)

(derivatives) into the United States. This

proposed rule is intended to respond to

the family reunification needs of

refugees by establishing an equitable

and consistent following-to-join policy

for refugees which parallels the current

following-to-join procedures for asylees.

This rule also proposes to amend

asylum regulations by removing from

the definition of qualifying relationship

child(ren) born to or legally adopted by

the principal alien and spouse after

approval of the principal alien’s asylum

application.

DATES: Written comments must be

submitted on or before September 9,

1996.

ADDRESSES: Please submit written

comments, in triplicate, to the Policy

Directives and Instructions Branch,

Immigration and Naturalization Service,

425 I Street, NW., Room 5307,

Washington, DC 20536, Attention:

Public Comment Clerk. To ensure

proper handling, please reference INS

No. 1639–93 on your correspondence.

Comments will be available for public

inspection at this location by calling

(202) 514–3048 to arrange an

appointment.

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:

A. Background

The United States refugee program

places strong emphasis on family

reunification and assigns priority for

interviews to those refugee applicants

who have immediate family members

already in the United States. This

emphasis on reunifying families also

extends to those refugees who have been

resettled in the United States, but who

remain separated from their spouse and/

or child(ren). In such cases, refugees

may file to have their spouse and/or

child(ren) ‘‘follow-to-join’’ them in the

United States. The following-to-join

provisions for refugees is found in

section 207(c)(2) of the Immigration and

Nationality Act (Act).

To apply for such benefits, refugees

file Form I–730, Refugee/Asylee

Relative Petition, with the designated

Service office. Such designation will be

through separate action in the Federal

Register. Spouses and unmarried, minor

children (derivatives) who follow-tojoin a refugee already in this country are

admitted as refugees.

B. Need for Procedural Review and

Revised Regulation

Over the past year, it has become

apparent that existing Service

procedures regarding following-to-join

benefits for refugees is inadequate and

has resulted in confusion for the general

public. Regulations are necessary to

clarify procedures and to establish an

equitable and consistent following-tojoin policy for refugees which parallels

that found in the current following-tojoin regulations for asylees, who are also

eligible to file Form I–730.

In recent months the Service has

received numerous telephone inquiries

from members of Congress, the general

public, voluntary agencies, and

attorneys representing clients

concerning the application of the

following-to-join provisions found in

section 207(c)(2) of the Act. Of primary

concern has been the Service’s

requirement that the refugee’s

relationship to the spouse and/or child

predates the date on which the refugee

was granted refugee status. A Service

memorandum issued on January 8,

1987, defined this date as the date of

tentative approval, which has been

interpreted by some as being the day of

the refugee’s interview. That

interpretation, however, has not

received Servicewide acceptance.

The Service’s recent initiative to

combine the Form I–730 with the

revised Form I–130 (Petition for Alien

Relative), revealed differing practices for

processing following-to-join petitions

filed by refugees and those filed by

aslyees. It was, therefore, determined

that rather than consolidate the forms,

the Service needed to review and, if

necessary, revise existing policies

relating to refugees and asylees.

C. Following-to-Join Issue

In the absence of a time limit on the

following-to-join regulations,

individuals who entered the United

States as conditional entrants in the late

1970s and refugees in the early 1980s

are filing Form I–730 petitions for a

spouse and/or child(ren). Following-tojoin benefits are available to help

refugees make the difficult transition to

a new life with the support of their

immediate family members. Forms I–

730 filed ten or more years after

admission no longer serve the purpose

for which they were originally intended.

Instead, they deplete limited refugee

admission numbers and refugee

resettlement monies needed for

emerging refugee populations. The

proposed regulations are intended to

respond more fully to the family

reunification needs of refugees, while

establishing specific guidelines on the

following-to-join process.

Current interpretations of the

following-to-join benefits for refugees

have created confusion for Service

officers, attorneys, refugees, and the

general public. While some interpret

following-to-join eligibility based on the

refugee’s date of admission, current

practice requires the relationship to

exist prior to the tentative approval date

of the principal’s application for refugee

status. The Service determined that the

current interpretation of following-tojoin for refugees is too restrictive since

it requires a refugee to meet a heavier

burden for establishing a relationship

with his/her spouse and unmarried,

minor child(ren), than is required by

regulation for a spouse and unmarried

minor child(ren) of a citizen or lawful

permanent resident of the United States.

To resolve this disparity, the Service is

adopting a more generous interpretation

of the point at which a qualifying

relationship exists for following-to-join

benefits. This rule proposes that the

refugee’s date of admission be used to

determine following-to-join eligibility.

A refugee will then be able to file a

separate Form I–730 for his/her spouse

and/or each individual child if the

relationship predates the refugee’s date

of admission to the United States, rather

than the date of interview. The Service

believes this proposal reflects the intent

of Congress to reunite refugees with

their families. Further, it alleviates

inconsistencies in determining

eligibility as is currently encountered
Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Proposed Rules 35985

because of the difficulty in determining

the date of tentative approval.

Additionally, the Service has found

that the benefit accorded asylees

regarding children is too broad in that

current asylum regulations extend

following-to-join benefits to children

born to, or adopted by, asylees at any

point after the date of their approval. As

a result, this rule will amend existing

asylum regulations by requiring that, for

purposes of filing a Form I–730, the

asylee’s relationship to a child exists on

the date the asylee is granted asylum.

Only refugees who entered the United

States as principal aliens will be eligible

to file the Form I–730 for following-tojoin benefits for a spouse and/or each

individual unmarried, minor child

under this proposed rule. Those

individuals who have derived their

refugee status from the principal alien

will not be eligible to file Form I–730.

Past practice has allowed for the

adjudication of Form I–730 filed by a

son or daughter who claimed to be

single in order to qualify as a member

of a parent’s refugee case, and who then

petitioned for his/her spouse after

arrival to the United States. As the

proposed rule does not permit the filing

of a Form I–730 by derivatives, this type

of misrepresentation should be reduced.

Only the spouse and unmarried, minor

child(ren) of a refugee may benefit

under the proposed following-to-join

regulation.

Currently there is no established time

to file for and receive following-to-join

benefits, either for asylees or refugees.

The proposed regulation will impose a

1-year time limit from the date of the

principal’s admission, within which a

refugee or asylee must file a separate

Form I–730 for each individual

qualifying family member, unless it is

clearly established that compelling

circumstances preclude the timely filing

of the application. Refugees or asylees

who have resided in the United States

for more than 1 year when this

regulation becomes effective will be

granted 1 year from the effective date of

the final regulation in which to file

Form I–730 for following-to-join

benefits for their spouse and unmarried,

minor child(ren). The Service may,

however, waive the 1-year limit when it

is determined that humanitarian reasons

for extending the filing period exist. The

1-year limit refers only to the filing of

the Form I–730. Such limit is not

imposed on family members’ travel to

the United States, as the Service is

aware of the impediments which may

delay family members’ travel for years

following the refugee’s arrival in the

United States. The filing of the Form I–

730 will serve to notify the Service of

a refugee’s or asylee’s intent to have his/

her spouse and/or child(ren) join him/

her in the United States. The approval

of the Form I–730 shall remain valid for

the duration of the relationship to the

refugee or asylee, and in the case of a

child, while the child is under 21 years

of age and unmarried, provided also that

the principal’s status has not been

revoked.

The Service has established what it

believes to be a reasonable time limit on

the filing of the Form I–730. It is further

believed that derivative benefits for

spouses and children of refugees was

intended for the purpose of reuniting

families and to avoid lengthy delays due

to visa quotas. Timely filings will

expedite the reunification of refugee

families and ensure the removal of

spouses and children of refugees from a

country subjecting them to persecution

on the basis of that relationship. Thus,

refugees must file following-to-join

petitions within 1 year of the date of

their admissions; asylees within 1 year

of being granted asylum status.

While the rule proposes necessary

bounds, such as adding eligibility

requirements and establishing a filing

period for following-to-join benefits, it

is liberal in defining the point at which

a qualifying relationship exists for this

benefit. The proposed rule will clarify

the Service’s following-to-join policy for

Service officers and the general public

by standardizing refugee and asylee

following-to-join procedures.

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 it is administrative in nature

and merely imposes specific regulatory

restraints, which parallel procedures

currently found in asylum regulations.

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

and 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.

The Commissioner of the Immigration

and Naturalization Service certifies that

she has assessed this rule in light of the

criteria in Executive Order 12606 and

has determined that this regulation will

enhance family well-being by

establishing an equitable and consistent

following-to-join policy for refugees

which parallels the current following-tojoin policy for asylees.

Paperwork Reduction Act

The information collection

requirement (Form I–730) contained in

this rule is being revised by the

Immigration and Naturalization Service.

In accordance with the Paperwork

Reduction Act, the Service published a

notice in the Federal Register on May

3, 1996, at 61 FR 19958, notifying the

public of the revision to the Form I–730.

List of Subjects

8 CFR Part 207

Immigration, Refugees, Reporting and

recordkeeping requirements.

8 CFR Part 208

Administrative practice and

procedure, Aliens, Immigration,

Reporting and recordkeeping

requirements.

Accordingly, chapter I of title 8 of the

Code of Federal Regulations is proposed

to be amended as follows:

PART 207—ADMISSION OF

REFUGEES

1. The authority citation for part 207

is revised to read as follows:

Authority: 8 U.S.C. 1103, 1157, 1159; 8

CFR Part 2.

§ 207.1 [Amended]

2. Section 207.1 is amended by

removing paragraph (e).

§§ 207.7 and 207.8 [Redesignated as

§ 207.8 and § 207.9]

3. Sections 207.7 and 207.8 are

redesignated as § 207.8 and 207.9

respectively.

4. A new § 207.7 is added to read as

follows:

§ 207.7 Derivatives of refugees.

(a) Eligibility. A spouse, as defined in

section 101(a)(35) of the Act, and/or

child(ren), as defined in section

101(b)(1)(A), (B), (C), (D), or (E) of the
35986 Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Proposed Rules

Act, may be granted refugee status if

accompanying or following-to-join the

principal alien. An accompanying

derivative is a spouse or child of a

refugee who is in the physical company

of the principal refugee when he or she

is admitted to the United States, or a

spouse or child of a refugee who is

admitted within 4 months of the

principal refugee’s admission. A

following-to-join derivative, on the

other hand, is a spouse or child of a

refugee who seeks admission more than

4 months after the principal refugee’s

admission to the United States.

(b) Ineligibility. The following

relatives of refugees are ineligible for

accompanying or following-to-join

benefits:

(1) A spouse or child who has

previously been granted asylee or

refugee status;

(2) An adopted child, if the adoption

took place after the child became 16

years old, or if the child has not been

in the legal custody and living with the

parent(s) for at least 2 years;

(3) A stepchild, if the marriage that

created this relationship took place after

the child became 18 years old;

(4) A husband or wife if each/both

were not physically present at the

marriage ceremony, and the marriage

was not consummated;

(5) A husband or wife if the U.S.

Attorney General has determined that

such alien has attempted or conspired to

enter into a marriage for the purpose of

evading immigration laws;

(6) A parent, sister, brother,

grandparent, grandchild, nephew, niece,

uncle, aunt, cousin or in-law.

(c) Relationship. The relationship of a

spouse and child as defined in sections

101(a)(35) and 101(b)(1)(A), (B), (C), (D),

or (E), respectively, of the Act, must

have existed prior to the refugee’s

admission to the United States and must

continue to exist at the time of filing for

following-to-join benefits and admission

to the United States. If the refugee

proves that the refugee is the parent of

a child who was born after the refugee’s

admission as a refugee, but who was in

utero on the date of the refugee’s

admission as a refugee, the child shall

be eligible to follow-to-join the refugee.

The child’s mother, if not the principal

refugee shall not be eligible to follow-tojoin the principal refugee unless the

child’s mother was the principal

refugee’s spouse on the date of the

principal refugee’s admission as a

refugee.

(d) Filing. A refugee may request

following-to-join benefits for his/her

spouse and unmarried, minor child(ren)

(whether the spouse and children are in

or outside the United States) by filing a

separate Form I–730, Refugee/Asylee

Relative Petition, for each qualifying

family member with the designated

Service office. Persons who derive their

refugee status from the principal

applicant are not eligible to file Form I–

730. The Form I–730 may only be filed

by the principal applicant. Family

members, such as unmarried sons and

daughters who derived their refugee

status, are not eligible to file the Form

I–730 on behalf of their spouse and

child(ren). A separate Form I–730 must

be filed for each qualifying family

member within 1 year of the refugee’s

admission to the United States, unless

the Service determines that the filing

period should be extended for

humanitarian reasons. There is,

however, no time limit imposed on

family members’ travel to the United

States once the Form I–730 for

following-to-join benefits has been

approved, provided approval of the

Form I–730 petition has not been

subsequently revoked. There is no fee

for filing this petition.

(e) Evidence. Documentary evidence

consists of those documents which

establish that the petitioner is a refugee,

and evidence of the claimed

relationship of the petitioner to the

beneficiary. The burden of proof is on

the petitioner to establish by a

preponderance of the evidence that any

person on whose behalf he/she is

making a request under this section is

an eligible spouse or unmarried, minor

child. Evidence to establish the claimed

relationship for a spouse or unmarried,

minor child as set forth in 8 CFR part

204 must be submitted with the request

for following-to-join benefits. Where

possible this will consist of the

documents specified in

§ 204.2(a)(1)(i)(B), (a)(1)(iii)(E), (a)(2),

(d)(2), and (d)(5) of this chapter. In

addition, a recent photograph of each

derivative must accompany the Form I–

730. Although the photograph need not

meet Alien Documentation

Identification and Telecommunication

System (ADIT) specifications, it must

clearly identify the derivative. The

photograph will be made part of the

derivative’s immigration record for

identification purposes.

(f) Approvals. (1) Spouse or child in

the United States. When a spouse or

child of a refugee is in the United States

and the Form I–730 is approved, the

Service will notify the refugee of such

approval on Form I–797, Notice of

Action. Employment will be authorized

incident to status.

(2) Spouse or child outside the United

States. When a spouse or child of a

refugee is outside the United States and

the Form I–730 is approved, the Service

will notify the refugee of such approval

on Form I–797. The approved Form I–

730 will be sent by the Service to the

Department of State for forwarding to

the American Embassy or Consulate

having jurisdiction over the area in

which the refugee’s spouse or child is

located.

(3) Benefits. The approval of the Form

I–730 shall remain valid for the duration

of the relationship to the refugee and, in

the case of a child, while the child is

under 21 years of age and unmarried,

provided also that the principal’s status

has not been revoked. However, the

approved Form I–730 will cease to

confer immigration benefits after it has

been used by the beneficiary for

admission to the United States as a

derivative of a refugee. To demonstrate

employment authorization, the Service

will issue a Form I–94, ArrivalDeparture Record, which also reflects

the derivative’s current status as a

refugee, or the derivative may apply

under § 274a.12(a) of this chapter, using

Form I–765, Application for

Employment Authorization, and a copy

of the Form I–797.

(g) Denials. If the spouse or child of

a refugee is found to be ineligible for

derivative status, a written notice

explaining the basis for denial shall be

forwarded to the refugee. There shall be

no appeal from this decision. However,

the denial shall be without prejudice to

the consideration of a new petition or

motion to reopen the refugee and asylee

relative petition proceedings, if the

refugee establishes eligibility for the

following-to-join benefits contained in

this part.

PART 208—PROCEDURES FOR

ASYLUM AND WITHHOLDING OF

DEPORTATION

5. The authority citation for part 208

continues to read as follows:

Authority: 8 U.S.C. 1103, 1158, 1226, 1252,

1282; 31 U.S.C. 9701; 8 CFR part 2.

6. In § 208.21, paragraphs (b), (c), (d),

and (f) are revised to read as follows:

§ 208.21 Admission of asylee’s spouse

and children.

* * * * *

(b) Relationship. The relationship of

spouse and child as defined in sections

101(a)(35) and 101(b)(1) of the Act must

have existed at the time the principal

alien’s asylum application was

approved. If the asylee proves that the

asylee is the parent of a child who was

born after asylum was granted, but who

was in utero on the date of the asylum

grant, the child shall be eligible to

follow-to-join the asylee. The child’s

mother, if not the principal asylee, shall
Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Proposed Rules 35987

not be eligible to follow-to-join the

principal asylee unless the child’s

mother was the principal asylee’s

spouse on the date of the principal

asylee’s grant as an asylee.

(c) Spouse or child in the United

States. When a spouse or child of an

alien granted asylum is in the United

States, but was not included in the

asylee’s application, the asylee may

request following-to-join benefits for

his/her spouse or child by filing for each

qualifying family member a separate

Form I–730, Refugee/Asylee Relative

Petition, and supporting evidence, with

the designated Service office, regardless

of the status of that spouse or child in

the United States. The Form I–730 must

also be accompanied by a recent, clear

non-ADIT style photograph for each

derivative. The photograph will be used

for identification purposes and will be

placed in the derivative’s immigration

record. Additionally, a separate Form I–

730 must be filed by the asylee for each

qualifying family member within 1 year

of the date in which he/she was granted

asylum status, unless it is determined

by the Service that this period should be

extended for humanitarian reasons.

Upon approval of the Form I–730, the

Service will notify the asylee of such

approval on Form I–797 ‘‘Notice of

Action.’’ Employment will be

authorized incident to status. To

demonstrate employment authorization,

the Service will issue a Form I–94,

Arrival-Departure Record, which also

reflects the derivative’s current status as

an asylee, or the derivative may apply

under § 274a.12(a) of this chapter, using

Form I–765, Application for

Employment Authorization, and a copy

of the Form I–797. The approval of the

Form I–730 shall remain valid for the

duration of the relationship to the asylee

and, in the case of a child, while the

child is under 21 years of age and

unmarried, provided also that the

principal’s status has not been revoked.

However, the approved Form I–730 will

cease to confer immigration benefits

after it has been used by the beneficiary

for admission to the United States as a

derivative of an asylee.

(d) Spouse or child outside the United

States. When a spouse or child of an

alien granted asylum is outside the

United States, the asylee may request

following-to-join benefits for his/her

spouse or child(ren) by filing a separate

Form I–730 for each qualifying family

member with the designated Service

office, setting forth the full name,

relationship, date and place of birth,

and current location of each such

person. The Form I–730 must be

accompanied by a recent, clear nonADIT style photograph for each

derivative. A separate Form I–730 for

each qualifying family member must be

filed within 1 year of the date in which

the asylee was granted asylum status,

unless the Service determines that the

filing period should be extended for

humanitarian reasons. When the Form

I–730 is approved, the Service will

notify the asylee of such approval on

Form I–797. The approved Form I–730

shall be forwarded by the Service to

Department of State for delivery to the

American Embassy or Consulate having

jurisdiction over the area in which the

asylee’s spouse or child is located. The

approval of the Form I–730 shall remain

valid for the duration of the relationship

to the asylee and, in the case of a child,

while the child is under 21 years of age

and unmarried, provided also that the

principal’s status has not been revoked.

However, the approved Form I–730 will

cease to confer immigration benefits

after it has been used by the beneificary

for admission to the United States as a

derivative of an asylee.

* * * * *

(f) Burden of proof. To establish the

claimed relationship of spouse or child

as defined in sections 101(a)(35) and

101(b)(1) of the Act, evidence must be

submitted with the request as set forth

in part 204 of this chapter. Where

possible this will consist of the

documents specified in § 204.2

(a)(1)(i)(B), (a)(1)(iii)(E), (a)(2), (d)(2) and

(d)(5) of this chapter. The burden of

proof is on the principal alien to

establish by a preponderance of the

evidence that any person on whose

behalf he or she is making a request

under this section is an eligible spouse

or child.

* * * * *

Dated: May 7, 1996.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 96–17265 Filed 7–8–96; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 96–027–1]

Change in Disease Status of the Czech

Republic and Italy Because of

Rinderpest and Foot-and-Mouth

Disease

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to declare

the Czech Republic and Italy free of

rinderpest and foot-and-mouth disease

and to add these two countries to the

list of countries that, although declared

free of rinderpest and foot-and-mouth

disease, are subject to special

restrictions on the importation of their

meat and other animal products into the

United States. This proposed rule would

remove the prohibition on the

importation into the United States, from

the Czech Republic and Italy, of live

ruminants and fresh, chilled, and frozen

meat from ruminants and would relieve

restrictions on the importation of milk

and milk products from ruminants from

these two countries. However, because

the Czech Republic and Italy are not

declared to be free of certain diseases of

swine, including hog cholera and swine

vesicular disease, the importation from

these countries of swine and fresh,

chilled, and frozen meat from swine

would continue to be restricted.

DATES: Consideration will be given only

to comments received on or before

September 9, 1996.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 96–027–1, Regulatory

Analysis and Development, PPD,

APHIS, Suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 96–027–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

John Cougill, Staff Veterinarian,

Products Program, National Center for

Import and Export, VS, APHIS, 4700

River Road Unit 40, Riverdale, MD

20737–1228, (301) 734–3399.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 94

(referred to below as the regulations)

govern the importation into the United

States of specified animals and animal

products in order to prevent the

introduction into the United States of

various diseases, including rinderpest,

foot-and-mouth disease (FMD), bovine

spongiform encephalopathy, African

swine fever, hog cholera, and swine

vesicular disease. These are dangerous

and destructive communicable diseases

of ruminants and swine.