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DHS/USCIS

RIN: 1615-AA03

Publication ID: Fall 2008

Title: Petition To Classify Alien as Immediate Relative of a U.S. Citizen or as a Preference Immigrant; Self-Petitioning for Certain Battered or Abused Alien Spouses and Children
Abstract: In 1996, the Immigration and Naturalization Service published an interim rule on this subject at 61 FR 13061. The USCIS, formerly the Immigration and Naturalization Service, received a number of comments in response to that rulemaking. Most of those comments have since been overcome by events, namely new legislation. In October 2000, the President signed the Victims of Trafficking and Violence Protection Act, Public Law 106-386, which contained numerous amendments to the battered spouse provisions contained in the Immigration and Nationality Act (INA). More recently, the Violence Against Women and Department of Justice Reauthorization Act of 2005, Public Law 109-162 (January 5, 2006), made further amendments to the battered spouse provisions of the INA. The Department will now issue another interim final rule to make the changes required by the recent legislation and to provide an opportunity for notice and comment.
Agency: Department of Homeland Security(DHS)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 8 CFR 204 8 CFR 205 8 CFR 216 8 CFR 245 8 CFR 274a (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 USC 1101 PL 103-322 8 USC 1103 8 USC 1151 8 USC 1153 and 1154 8 USC 1182 8 USC 1186a 8 USC 1255

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Interim Final Rule	03/26/1996	61 FR 13061
Interim Final Rule Effective	03/26/1996
Interim Final Rule Comment Period End	05/28/1996
Interim Final Rule	07/00/2009
Interim Final Rule Comment Period End	09/00/2009

Additional Information: New CIS No. 2442-08 CIS No. 1705-95 Transferred from RIN 1115-AE04
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Laura M. Dawkins Chief, Regulatory Coordination Division Department of Homeland Security U.S. Citizenship and Immigration Services Room 3040, Suite 1200, 20 Massachusetts Avenue NW., Washington, DC 20529 Phone:202 272-1470 Fax:202 272-1480 Email: laura.dawkins@uscis.dhs.gov