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Eligibility of Arriving Aliens in Removal Proceedings To Apply for Adjustment of Status and Jurisdiction To Adjudicate Applications for Adjustment of

On May 12, 2006, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) published an interim final rule titled 'Eligibility of Arriv

Eligibility of Arriving Aliens in Removal Proceedings To Apply for Adjustment of Status and Jurisdiction To Adjudicate Applications for Adjustment of Status; Correction

Document type: Rule Publication date: 2025-01-16 Document number: 2025-01031

Abstract

On May 12, 2006, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) published an interim final rule titled “Eligibility of Arriving Aliens in Removal Proceedings To Apply for Adjustment of Status and Jurisdiction To Adjudicate Applications for Adjustment of Status” The rule amended DHS and DOJ regulations governing applications for adjustment of status filed by paroled “arriving aliens” seeking to become lawful permanent residents and removed certain provisions. In that rule, DHS removed a paragraph from its regulations and redesignated the paragraph that followed to close the gap. DHS inadvertently failed to make a conforming amendment to a related regulatory provision to reflect the redesignation. This document describes the oversight and corrects the CFR. This action makes no substantive changes.

Official sources

Why this matters for immigrants

Federal Register publications under the Immigration topic tag have binding legal effect on:

  • USCIS (immigration benefits, asylum, naturalization)
  • ICE (enforcement, removal, detention)
  • EOIR (immigration courts and the Board of Immigration Appeals)
  • CBP (border admissibility and inspection)

Final Rules (“Rule” document type) become binding law on the effective date stated in the document. Proposed Rules are not yet binding and may be modified or withdrawn after public comment. Always verify the most current version of any rule at federalregister.gov before relying on it for legal or filing decisions.

Last verified: 2026-05-27. General procedural information — not legal advice. Federal Register rules change frequently; always verify the current version at the source URL.

Recent fee, deadline, and contact context (2025-2026)

H.R.1 / OBBBA (One Big Beautiful Bill / Public Law 119-21) took effect 2026-05-29 and substantially changed USCIS fees. Asylum applications (Form I-589) now require a $100 filing fee and $100 Annual Asylum Fee (AAF) — both non-waivable per 8 U.S.C. 1802 and 1808. Other major fee changes: I-102 (replacement I-94) increased by $24; in-absentia removal-order arrest fee increased from $5,000 toward higher levels under separate DHS rulemaking (see Federal Register 2026-10082). Note: OBBBA’s TPS change was capping Form I-821 EAD validity at 1 year, not a fee change — the TPS application (Form I-821) fee remains approximately $50 under the 2024 USCIS fee rule (capped by INA § 244(c)(1)(B)), with no fee for re-registration.

Final Rules typically include a 30-day or 60-day delayed effective date from Federal Register publication. Proposed Rules receive a 60-day public comment period before potential finalization. Submit comments at regulations.gov referencing the rule’s docket number; comments become part of the rulemaking administrative record. The U.S. Department of Homeland Security (DHS), USCIS, ICE, and CBP each have their own Federal Register agency tag — search federalregister.gov for “Immigration” topic OR the specific agency.

Verify all USCIS form fees at the official Fee Schedule before filing: uscis.gov/g-1055 (Form G-1055). USCIS Contact Center: 1-800-375-5283 (TTY 1-800-767-1833) Monday-Friday 8:00am-8:00pm Eastern Time. ICE Detainee Locator System: locator.ice.gov/odls. EOIR immigration court hearings information: 1-800-898-7180 (case status) or justice.gov/eoir. The Department of State’s Visa Bulletin priority dates are published monthly around the 15th for the following month.

Frequently asked questions

What is the Federal Register and why does this matter for immigrants?
The Federal Register is the official daily publication of U.S. federal government regulations. Immigration-related rules and proposed rules published here have binding legal effect on USCIS, ICE, EOIR, and immigration courts. Final Rules take effect on a stated date; Proposed Rules go through public comment first.
Is this rule currently in effect?
Check the ‘Document type’ field above: ‘Rule’ (Final Rule) is binding law as of the effective date stated in the document. ‘Proposed Rule’ is open for public comment and NOT yet binding. Verify the most recent version at the source URL.
How do I find the exact text of this rule?
Click the PDF link in the sources above to read the official Federal Register publication. The full text includes the effective date, regulatory analysis, and any conforming changes to existing regulations.

Major federal procedures

Detention and constitutional rights

Finances for immigrants

General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.