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DHS/USCIS | RIN: 1615-AA60 | Publication ID: Fall 2006 |
Title: Adjustment of Status to Lawful Permanent Resident for Aliens in T and U Nonimmigrant Status | |
Abstract: This rule sets forth measures by which certain victims of severe forms of trafficking who have been granted T nonimmigrant status and victims of certain criminal activity who have been granted U nonimmigrant status may apply for adjustment to permanent resident status in accordance with Public Law 106-386, Victims of Trafficking and Violence Protection Act of 2000, and Public Law 109-162, Violence Against Women and Department of Justice Reauthorization Act of 2005. | |
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 214 8 CFR 245 | |
Legal Authority: 5 USC 552 5 USC 552a 8 USC 1101 to 1104 8 USC 1182 8 USC 1184 8 USC 1187 8 USC 1201 8 USC 1224 8 USC 1225 8 USC 1226 8 USC 1227 8 USC 1252 8 USC 1252a 8 USC 1255 22 USC 7101 22 USC 7105 ... |
Legal Deadline:
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Statement of Need: This rule is necessary to establish how an eligible alien with T nonimmigrant status can adjust his or her status to that of lawful permanent resident. Those with T nonimmigrant status are eligible to be granted lawful permanent residency if they can demonstrate they have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking or that they will face extreme hardship involving unusual and severe harm if they were removed from the United States. |
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Summary of the Legal Basis: Public Law 106-386, Victims of Trafficking and Violence Protection Act of 2000. |
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Alternatives: None. |
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Anticipated Costs and Benefits: While there is no precise formula for determining anticipated costs, there will be additional costs for adjudicating applications and investigating cases deemed fraudulent. There may be applications that will not be approved for a variety of reasons, including failure to meet basic adjustment of status requirements. All applications will be reviewed and some will require extensive investigation both here and abroad to determine whether the applicant has complied with any reasonable request for assistance in the investigation and prosecution of the acts of trafficking. The anticipated benefits of these expenditures include: Continued assistance to trafficked victims and their families, increased investigation and prosecution of traffickers in persons, and the elimination of abuses caused by trafficking activities. Benefits that may be attributed to the implementation of this rule are expected to be: --an increase in the number of cases brought forward for investigation and/or prosecution; --heightened awareness of trafficking-in-persons issues by the law enforcement community; and --enhanced ability to develop and work cases in trafficking in persons cross-organizationally and multi-jurisdictionally which may begin to influence changes in trafficking patterns. |
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Risks: Risks associated with the implementation of the congressionally mandated new nonimmigrant classification include: --increased workload for adjudicators which may impact overall efficiency and productivity; and --increases in fraudulent applications/claims of such victimization in order to obtain lawful permanent residence. |
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Timetable:
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Additional Information: CIS No. 2134-01 Transferred from RIN 1115-AG21 | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: Yes | |
Agency Contact: Pearl Chang Chief, Regulations and Product Management Division Department of Homeland Security U.S. Citizenship and Immigration Services Room 3214, 3rd Floor, 111 Massachusetts Avenue NW., Washington, DC 20529 Phone:202 272-8350 Email: pearl.chang@dhs.gov |