Rule2024-17400
Immigration Benefits Business Transformation, Increment I; Corrections
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 9, 2024
Issuing agencies
Homeland Security Department
Abstract
On August 29, 2011, the Department of Homeland Security published a final rule titled "Immigration Benefits Business Transformation, Increment I," which, in part, amended DHS regulations to remove references to form numbers and titles. Two of the amendatory instructions were inadvertently not followed, resulting in errors in the Code of Federal Regulations (CFR). This document describes those errors and corrects the CFR to incorporate the amendments as instructed in the 2011 final rule. This action makes no substantive regulatory changes.
Full Text
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<title>Federal Register, Volume 89 Issue 154 (Friday, August 9, 2024)</title>
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[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Rules and Regulations]
[Page 65165]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17400]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 154 / Friday, August 9, 2024 / Rules
and Regulations
[[Page 65165]]
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 212
[CIS No. 2780-24; DHS Docket No. USCIS-2009-0022]
RIN 1615-AB83
Immigration Benefits Business Transformation, Increment I;
Corrections
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Final rule; correcting amendments.
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SUMMARY: On August 29, 2011, the Department of Homeland Security
published a final rule titled ``Immigration Benefits Business
Transformation, Increment I,'' which, in part, amended DHS regulations
to remove references to form numbers and titles. Two of the amendatory
instructions were inadvertently not followed, resulting in errors in
the Code of Federal Regulations (CFR). This document describes those
errors and corrects the CFR to incorporate the amendments as instructed
in the 2011 final rule. This action makes no substantive regulatory
changes.
DATES: August 9, 2024.
FOR FURTHER INFORMATION CONTACT: Samantha Deshommes, Chief, Regulatory
Coordination Division, Office of Policy and Strategy, U.S. Citizenship
and Immigration Services, Department of Homeland Security, 5900 Capital
Gateway Drive, Camp Springs, MD 20746; telephone 240-721-3000 (this is
not a toll-free number).
SUPPLEMENTARY INFORMATION:
The Immigration Benefits Business Transformation, Increment I final
rule \1\ included two amendments to 8 CFR 212.2 that were incorrectly
incorporated into the CFR. Specifically, the instruction numbered 64
stated that 8 CFR 212.2 would be amended to revise the term ``the Form
I-212'' or ``Form I-212'' to read as ``the application'' wherever it
appeared in the listed paragraphs, including paragraph (f) and
paragraph (i)(2).\2\ However, the resulting amendments to the CFR were
incomplete, as described in the following paragraphs.
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\1\ See 76 FR 53764 (Aug. 29, 2011); see also 76 FR 73475 (Nov.
29, 2011) (making correcting amendments); 78 FR 22770 (Apr. 17,
2013) (same).
\2\ See 76 FR at 53786. ``Form I-212'' refers to Form I-212,
Application for Permission to Reapply for Admission into the United
States After Deportation or Removal.
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In accordance with these instructions, the sentence in former 8 CFR
212.2(f) that read, ``The alien must file the Form I-212, where
required, with the DHS officer having jurisdiction over the port of
entry,'' \3\ should have been revised to read, ``The alien must file
the application, where required, with the DHS officer having
jurisdiction over the port of entry.'' However, 8 CFR 212.2(f) was
erroneously amended to remove ``Form I-212'' without incorporating
``application.'' As a result, the current provision has a blank space
and reads, ``The alien must file the, where required, with the DHS
officer having jurisdiction over the port of entry.'' \4\
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\3\ See 8 CFR 212.2(f) (2011).
\4\ See 8 CFR 212.2(f).
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The instructions also sought to amend 8 CFR 212.2(i)(2) by
replacing ``Form I-212'' with ``the application'' in the two instances
in which it appeared in that paragraph.\5\ However, only one instance
was amended, resulting in the provision now reading, ``If the alien
filed Form I-212 in conjunction with an application for adjustment of
status under section 245 of the Act, the approval of the application
shall be retroactive to the date on which the alien embarked or
reembarked at a place outside the United States.'' \6\
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\5\ See 8 CFR 212.2(i)(2) (2011).
\6\ See 8 CFR 212.2(i)(2).
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This document corrects these errors in the CFR.
DHS has good cause to bypass any notice-and-comment or delayed
effective date procedures that might otherwise apply to this document
under the Administrative Procedure Act. DHS has for good cause found
that such procedures would be unnecessary, see 5 U.S.C. 553(b)(B), (d),
because this rule merely corrects typographical errors in the CFR.
List of Subjects in 8 CFR Part 212
Administrative practice and procedure, Aliens, Immigration,
Passports and visas, Reporting and recordkeeping requirements.
Accordingly, for the reasons set forth in the preamble, 8 CFR part
212 is amended as follows:
PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
0
1. The authority citation for part 212 continues to read as follows:
Authority: 6 U.S.C. 111, 202(4) and 271; 8 U.S.C. 1101 and
note, 1102, 1103, 1182 and note, 1184, 1185 note (sec. 7209, Pub. L.
108-458, 118 Stat. 3638), 1187, 1223, 1225, 1226, 1227, 1255, 1359;
8 CFR part 2. Section 212.1(q) also issued under sec. 702, Pub. L.
110-229, 122 Stat. 754, 854.
Section 212.1(q) also issued under section 702, Public Law 110-
229, 122 Stat. 754, 854.
0
2. Amend Sec. 212.2 by revising the last sentence in paragraph (f) and
paragraph (i)(2). The revisions read as follows:
Sec. 212.2 Consent to reapply for admission after deportation,
removal or departure at Government expense.
* * * * *
(f) * * * The alien must file the application, where required, with
the DHS officer having jurisdiction over the port of entry.
* * * * *
(i) * * *
(2) If the alien filed the application in conjunction with an
application for adjustment of status under section 245 of the Act, the
approval of the application shall be retroactive to the date on which
the alien embarked or reembarked at a place outside the United States.
* * * * *
Christina E. McDonald,
Associate General Counsel for Regulatory Affairs, U.S. Department of
Homeland Security.
[FR Doc. 2024-17400 Filed 8-8-24; 8:45 am]
BILLING CODE 9111-97-P
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