Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - 22 CFR Part 40
          - [Public Notice: 6328]
          - RIN 1400-AC04

# AGENCY:

Department of State.

# ACTION:

Final rule.

# SUMMARY:

This rule adopts as final the Department interim rule which amended the regulations concerning visa ineligibility for aliens who vote unlawfully. The amendment was necessary to comply with the provisions of the Child Citizenship Act of 2000.

# DATES:

This rule is effective August 26, 2008.

# FOR FURTHER INFORMATION CONTACT:

Penafrancia D. Salas, Legislation and Regulations Division, Visa Services, Department of State, Washington, DC 20520-0106, (202) 663-2878.

# SUPPLEMENTARY INFORMATION:

## What is the Authority and Exception for this rule?

On June 21, 2005, the Department published an interim rule [70 FR 35526] that implemented Section 201(b)(1) of Public Law 106-395, Child Citizenship Act of 2000 [February 27, 2001]. This Act amended Section 212(a)(10) of the Immigration and Nationality Act (INA) by adding an exception to the ground of inadmissibility, INA 212(a)(10)(D), for aliens who voted in violation of the U.S. law. Under INA 212(a)(10)(D), in general, an alien will continue to be inadmissible, and therefore, ineligible for a visa, if the alien has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation. Nevertheless, pursuant to the new exception, the alien shall not be considered to be inadmissible under any provision of this subsection based on such violation if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen.

## Were comments solicited in the Departments Interim rule?

Yes, the Department solicited comments; however, no comments were received.

                    The final rule is unchanged from the interim rule which amended the Departments regulations at 22 CFR 40.104, published in the                     **Federal Register**                     on June 21, 2005 (70 FR 35526-35527). The interim rule is hereby adopted as final.                

Dated: August 14, 2008.

Janice L. Jacobs,

Assistant Secretary for Consular Affairs, Department of State.

[FR Doc. E8-19755 Filed 8-25-08; 8:45 am]

BILLING CODE 4710-06-P