ILW.COM - the immigration portal Immigration Daily

Home Page

Advanced search

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW

VIP Network


Chinese Immig. Daily


Connect to us

Make us Homepage



The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: January 11, 2002 (Volume 67, Number 8)]
[Rules and Regulations]               
[Page 1414-1415]
From the Federal Register Online via GPO Access []

22 CFR Part 42

[Public Notice 3857]

Documentation of Immigrants Under the Immigration and Nationality 
Act, as Amended--Immediate Relatives

AGENCY: Department of State.

ACTION: Interim rule.
SUMMARY: The Department is adding to the definition of immediate 
relatives the widows and children whose spouses/parents were the 
victims of the terrorist acts of September 11, 2001.

DATES: This interim rule is effective on January 11, 2002. Written 
comments must be received on or before 60 days from January 11, 2002.

ADDRESSES: Written comments may be submitted, in duplicate, to the 
Legislation and Regulations Division, Visa Services, Department of 
State, Washington, DC 20520-0106, or by e-mail to

FOR FURTHER INFORMATION CONTACT: Elizabeth J. Harper, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
DC 20520-0106, (202) 663-1221, e-mail ( or fax at 
(202) 663-3898.


How Does This Differ From the Present Provision for Widows/

    INA 201(b)(2)(A)(1) grants the right to self-petition for status as 
an immediate relative to widows/widowers (and any children thereof) who 
had been married to a U.S. citizen for at least two years prior to the 
citizen's death. Section 423 of Pub. Law 107-56 (the ``USA Patriot 
Act'') expanded that entitlement for those widowed as a direct result 
of the terrorist acts of September 11, 2001, without any regard to the 
length of the marriage. As in INA 201(b), the widow(er) must have not 
been legally separated from the spouse at the time of the citizen's 
death, and must file a petition for immediate relative status within 
two years of the death, having not remarried in the interim.

Were Any Other Such Changes Made?

    Children also benefitted from Sec. 423. Any child of a U.S. citizen 
who was killed in one of the terrorist acts of September 11, 2001, may 
file a petition for status as an immediate relative child within two 
years of the death of the parent, regardless of changes in age or 
marital status. Both of these provisions are being added to 22 CFR 
42.21, the regulation governing immigration by immediate relatives.

Regulatory Analysis and Notices

Administrative Procedure Act

    The Department is publishing this rule as an interim rule, with a 
60-day provision for post-promulgation public comments, based on the 
``good cause'' exceptions set forth at 5U.S.C. 553(b)(3)(B) and 
553(d)(3). The provision of law being incorporated has been in effect 
since the date of enactment, October 26, 2001, and the prompt 
implementation thereof is for the benefit of victims of a national 

[[Page 1415]]

Regulatory Flexibility Act

    Pursuant to Sec. 605 of the Regulatory Flexibility Act, the 
Department has assessed the potential impact of this rule, and the 
Assistant Secretary for Consular Affairs hereby certifies that is not 
expected to have a significant economic impact on a substantial number 
of small entities.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of $100 
million in any year and it will not significantly or uniquely affect 
small governments. Therefore, no actions were deemed necessary under 
the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more, a 
major increase in costs or prices, or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Executive Order 12866

    The Department of State does not consider this rule to be a 
``significant regulatory action'' under Executive Order 12866, section, 
section 3(f), Regulatory Planning and Review. Therefore, in accordance 
with the letter to the Department of State of February 4, 1994 from the 
Director of the Office of Management and Budget, it does not require 
review by the Office of Management and Budget.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to require consultations or warrant 
the preparation of a federalism summary impact statement.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 

List of Subjects in 22 CFR Part 42

    Aliens, Passports and visas.

    Accordingly, the Department of State amends 22 CFR, part 42 as set 
forth below.


    1. The authority citation for part 42 continues to read:

    Authority: 8 U.S.C. 1104.

    2. Amend Sec. 42.21 by revising paragraph (b) and adding paragraph 
(c) to read as follows:

Sec. 42.21  Immediate relatives.

* * * * *
    (b) Spouse of a deceased U.S. citizen. The spouse of a deceased 
U.S. citizen, and each child of the spouse, will be entitled to 
immediate relative status after the date of the citizen's death 
provided the spouse or child meets the criteria of INA 201(b)(2)(A)(i) 
or of section 423(a)(1) of Public Law 107-56 (USA Patriot Act) and the 
Consular Officer has received an approved petition from the INS which 
accords such status, or official notification of such approval, and the 
Consular Officer is satisfied that the alien meets those criteria.
    (c) Child of a U.S. citizen victim of terrorism. The child of a 
U.S. citizen slain in the terrorist actions of September 11, 2001, 
shall retain the status of an immediate relative child (regardless of 
changes in age or marital status) if the child files a petition for 
such status within two years of the citizen's death pursuant to section 
423(a)(2) of Public Law 107-56, and the consular officer has received 
an approved petition according such status or official notification of 
such approval.

    Dated: November 29, 2001.
Mary A. Ryan,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 02-270 Filed 1-10-02; 8:45 am]