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DOJ/INS

RIN: 1115-AF91

Publication ID: Fall 2001

Title: Adjustment of Status to That of Person Admitted for Permanent Residence; Temporary Removal of Certain Restrictions of Eligibility
Abstract: The Immigration and Naturalization Service is amending its regulations governing eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act to conform the regulations to existing policy and procedures and to remove language that has been superseded by subsequent legislation. Specifically, this interim rule conforms the regulations to include the changes made by Public Law 105-119 and Public Law 106-544. It also provides for the changes contained in the Legal Immigration Family Equity Act of 2000 (LIFE ACT). As required by the Life Act, this rule changes the sunset date of section 245(i) of the Immigration and Naturalization Act to the new date of April 30, 2001, for filing of qualifying petitions or applications that enable the applicant to apply to adjust status using section 245(i) and clarifies the effect of the new sunset date on eligibility. This means that in order to preserve the ability to apply for adjustment of status under section 245(i), an alien must be the beneficiary of a visa petition for classification under section 204 of the Act or application for labor certification properly filed on or before April 30, 2001, and determined to have approval when filed. This rule also provides guidance on the standard for review of filing for immigrant visa petitions and applications for labor certification on or before April 30, 2001.
Agency: Department of Justice(DOJ)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 8 CFR 103 8 CFR 205 8 CFR 245
Legal Authority: 8 USC 1101 8 USC 1103 8 USC 1201 8 USC 1252 8 USC 1252b 8 USC 1304 8 USC 1356

Legal Deadline: None

Timetable:

Action	Date	FR Cite
Interim Final Rule	03/26/2001	66 FR 16383
Interim Final Rule Effective	03/26/2001
Interim Final Rule Comment Period End	05/25/2001
Final Rule	06/00/2002

Additional Information: INS No. 2078-00; This rulemaking supersedes RIN 1115-AD83.
Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Agency Contact: Michael Valverde Branch Chief, Children's Issues Room 3214, Refugee, Asylum and International Operations Directorate, Suite 3300, 20 Massachusetts Avenue NW., Washington, DC 20529 Phone:202 272-1663 Email: michael.valverde@dhs.gov