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immigration …
United States Regulations
Governing
Habitual Residence
Of Citizens of the
Freely Associated States
Of Micronesia
In Guam, Puerto Rico, and
The U.S. Virgin Islands
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[TEXT OF REGULATION]:
Accordingly, part 214 of chapter I of title 8 of the Code of Federal
Regulations is amended as follows:
PART 214--NONIMMIGRANT CLASSES
1. The authority citation for part 214 is revised to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1184, 1186a, 1187, 1221, 1281,
1282; sec. 643, Pub. L. 104-208, 110 Stat. 3009-708; Section 141 of the
Compacts of Free Association with the Federated States of Micronesia and the
Republic of the Marshall Islands, and with the Government of Palau, 48 U.S.C.
1901, note, and 1931 note, respectively; 8 CFR part 2.
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2. Section 214.7 is added to read as follows:
§ 214.7 What is habitual residence in the territories and possessions
of the United States and what are the consequences thereof?
(a) Definitions. As used in this section, the term:
(1) Compacts means the agreements of free association between the
United States and the governments of the Republic of the Marshall Islands,
the Federated States of Micronesia, and Palau, approved by Public Law 99-239
with respect to the governments of the Republic of the Marshall Islands and
the Federated States of Micronesia, and by Public Law 99-658, with respect
to Palau.
(2) Freely associated states (FAS) means the following parts of
the former Trust Territories of the Pacific Islands, namely, the Republic of
the Marshall Islands, the Federated States of Micronesia, and Palau.
(3) Territories and possessions of the United States means all
territories and possessions of the United States to which the Act applies,
including those commonwealths of the United States that are not States. It
does not include American Samoa and the Commonwealth of the Northern Mariana
Islands, as long as the Act does not apply to them.
(4)
(i) Habitual resident means a citizen of the FAS who has been
admitted to a territory or possession of the United States (other than
American Samoa or the Commonwealth of the Northern Mariana Islands, as
long as the Act is not applicable to them) pursuant to section 141(a) of
the Compacts and who occupies in such territory or possession a habitual
residence as that term is defined in section 461 of the Compacts, namely a
place of general abode or a principal, actual dwelling place of a
continuing or lasting nature. The term ``habitual resident'' does not
apply to:
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[[Page 56466]]
(A) A person who has established a continuing residence in a
territory or possession of the United States, but whose cumulative
physical presence in the United States amounts to less than 365 days;
or
(B) A dependent of a resident representative described in section 152
of the Compacts; or
(C) A person who entered the United States for the purpose of
full-time studies as long as such person maintains that status.
(ii) Since the term ``habitual'' resident requires that the person have
entered the United States pursuant to section 141(a) of the Compacts, the
term does not apply to FAS citizens whose presence in the territories or
possessions is based on an authority other than section 141(a), such
as:
(A) Members of the Armed Forces of the United States described in 8
CFR § 235.1(c);
(B) Persons lawfully admitted for permanent residence in the United
States; or
(C) Persons having nonimmigrant status whose entry into the United
States is based on provisions of the Compacts or the Act other than
section 141(a) of the Compacts.
(5) Dependent means a citizen of the FAS, as defined in section
141(a) of the Compacts, who:
(i) Is a habitual resident;
(ii) Resides with a principal habitual resident;
(iii) Relies for financial support on that principal habitual resident;
and
(iv) Is either the parent, spouse, or unmarried child under the age of
21 of the principal habitual resident or the parent or child of the spouse
of the principal habitual resident.
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(6) Principal habitual resident means a habitual resident with
whom one or more dependents reside and on whom dependent(s) rely for
financial support.
(7) Self-supporting means:
(i) Having a lawful occupation of a current and continuing nature that
provides 40 hours of gainful employment each week. A part-time student
attending an accredited college or institution of higher learning in a
territory or possession of the United States receives for each college or
graduate credit-hour of study a three-hour credit toward the 40-hour
requirement; or
(ii) If the person cannot meet the 40-hour employment requirement,
having lawfully derived funds that meet or exceed 100 percent of the
official poverty guidelines for Hawaii for a family unit of the
appropriate size as published annually by the Department of Health and
Human Services.
(8) Receipt of unauthorized public benefits means the acceptance
of public benefits by fraud or willful misrepresentation in violation of
section 401 or 411 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2261, 2268, as
amended by sections 5561 and 5565 of the Balanced Budget Act of 1997, Public
Law 105-33, 111 Stat. 638. 639.
(b) Where do these rules regarding habitual residence apply? The
rules in this section apply to habitual residents living in a territory or
possession of the United States to which the Act applies. Those territories
and possessions are at present Guam, the Commonwealth of Puerto Rico, and the
American Virgin Islands. These rules do not apply to habitual residents living
in American Samoa or the Commonwealth of the Northern Mariana Islands, as long
as the Act does not extend to them. These rules are not applicable to habitual
residents living in the fifty States or the District of Columbia.
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(c) When is an arriving FAS citizen presumed to be a habitual resident?
(1) An arriving FAS citizen will be subject to the rebuttable presumption
that he or she is a habitual resident if the Service has reason to believe
that the arriving FAS citizen was previously admitted to the territory or
possession more than one year ago; and
(2) That the arriving FAS citizen either;
(i) Failed to turn in his or her Form I-94 when he or she previously
departed from the United States; or
(ii) Failed to apply for a replacement Form I-94.
(d) What rights do habitual residents have? Habitual residents have
the right to enter, reside, study, and work in the United States, its
territories or possessions, in nonimmigrant status without regard to the
requirements of sections 212(a)(5)(A) and 212(a)(7)(A) and (B) of the
Act.
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(e) What are the limitations on the rights of habitual residents?
(1) A habitual resident who is not a dependent is subject to removal if
he or she:
(i) Is not and has not been self-supporting for a period exceeding 60
consecutive days for reasons other than a lawful strike or other labor
dispute involving work stoppage; or
(ii) Has received unauthorized public benefits by fraud or willful
misrepresentation; or
(iii) Is subject to removal pursuant to section 237 of the Act, or any
other provision of the Act.
(2) Any dependent is removable from a territory or possession of the
United States if:
(i) The principal habitual resident who financially supports him or her
and with whom he or she resides, becomes subject to removal unless the
dependent establishes that he or she has become a dependent of another
habitual resident or becomes self-supporting; or
(ii) The dependent, as an individual, receives unauthorized public
benefits by fraud or willful misrepresentation; or
(iii) The dependent, as an individual, is subject to removal pursuant
to section 237 of the Act, or any other provision of the Act.
Dated: September 12, 2000.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 00-23788 Filed 9-18-00; 8:45 am]
BILLING CODE 4410-10-M
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