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DHS/USCIS

RIN: 1615-AA86

Publication ID: Fall 2008

Title: Withholding of Adjudication
Abstract: This interim rule codifies the Secretary of Homeland Security's current discretionary authority, as delegated to the Department of Homeland Security (DHS) directors, to manage the caseload of pending requests for immigration benefits in districts or regions over which the directors have jurisdiction. A component of this case management authority is the ability to withhold adjudication of any pending application or petition, particularly when an investigation is ongoing and background and security checks are still pending completion. This interim rule expands the circumstances under which DHS may withhold adjudication or toll any applicable regulatory deadline for completion of adjudication of an application or petition. This interim rule also modifies the regulations governing processing of naturalization applications to define when a naturalization examination will be deemed "conducted" for purposes of seeking administrative or judicial review under section 336 of the Immigration and Nationality Act (Act). The interim rule also requires that background and security checks be completed to the satisfaction of the Secretary before an alien may be found to have "good moral character" for naturalization and before the alien may be naturalized in accordance with title III of the Act. These changes will aid DHS in its efforts to improve case adjudication overall while simultaneously ensuring that no immigration or naturalization benefit is granted until any pending investigation or required background and security check is completed to the satisfaction of the Secretary. These changes also will ensure that no immigration benefit is provided to an ineligible individual or person who may pose a threat to public safety or national security.
Agency: Department of Homeland Security(DHS)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 8 CFR 103 8 CFR 208 8 CFR 310 8 CFR 335 and 336
Legal Authority: 8 USC 552 to 552a 8 USC 1101 8 USC 1103 8 USC 1304 8 USC 1356 8 USC 1421 8 USC 1443 8 USC 1447 ...

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Interim Final Rule	05/17/2001	66 FR 27445
Interim Final Rule Effective	05/17/2001
Interim Final Rule Comment Period End	07/17/2001
Next Action Undetermined	To Be Determined

Additional Information: CIS No. 2234-02 Transferred from RIN 1115-AG86
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Mark Phillips Residence and Naturalization Division Chief Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy, 5900 Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009 Phone:240 721-3000