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GAO-01-575R 1 (2001-04-04)

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       Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548

          B-287479


          April 4, 2001

          The Honorable Orrin G. Hatch
          Chairman
          The Honorable Patrick J. Leahy
          Ranking Member
          Committee on the Judiciary
          United States Senate

          The Honorable F. James Sensenbrenner
          Chairman
          The Honorable John Conyers
          Ranking Minority Member
          Committee on the Judiciary
          House of Representatives

          Subject: Department of Justice, Immigration and Naturalization Service: Adjustment
                  of Status to That Person Admitted for Permanent Residence Temporary
                  Removal of Certain Restrictions of Eligibility

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report
          on a major rule promulgated by the Department of Justice, Immigration and
          Naturalization Service (INS), entitled Adjustment of Status to That Person Admitted
          for Permanent Residence; Temporary Removal of Certain Restrictions of Eligibility
          (RIN: 1115-AF91). We received the rule on March 26, 2001. It was published in the
          Federal Register as an interim rule with request for comments on March 26, 2001.
          66 Fed. Reg. 16383.

          The interim rule amends the 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          superseded by subsequent legislation.

          Enclosed is our assessment of the INS' compliance with the procedural steps
          required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule.
          Our review indicates that the INS complied with the applicable requirements.

          If you have any questions about this report, please contact James W. Vickers,
          Assistant General Counsel, at (202) 512-8210. The official responsible for GAO
          evaluation work relating to the subject matter of the rule is Norman Rabkin,


GAO-01-575R

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