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evidence that the alien intentionally sought public benefits personalized name jacksonville jaguars baseball shirt with the knowledge that such benefits would result in bond forfeiture; in other instances,

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DHS notes that in this final rule, DHS will not consider public benefits listed in 8 CFR 212.21 that were previously excluded under the 1999 Interim Field Guidance personalized name jacksonville jaguars baseball shirt if received before the effective date of this final rule. DHS will continue to consider benefits listed in 8 CFR 212.21 that were previously considered under the 1999 Interim Field Guidance if received before the effective date of the final rule. The receipt of such benefits would not be considered as a heavily weighted negative factor. In addition, DHS is clarifying that this final rule will not apply to any applications or petitions postmarked before the effective date and accepted by USCIS pursuant to 8 CFR 103.2, and are pending on the effective date of the final rule,

but only to applications or petitions postmarked on or after the effective date of the final rule. In addition, DHS will not consider the receipt of public benefits excluded under the 1999 Interim Field Guidance unless such benefits are received on or after the effective date of the final rule. A commenter indicated that the proposal to require forfeiture of the entire amount of the bond upon a showing that an alien has obtained any public benefit whatsoever is arbitrary, capricious and, as the commenter stated that DHS acknowledges, contrary to past practice, under which only the amount of the benefit would be forfeited. The commenter also indicated that this makes little sense particularly since many immigrants may be unclear as to the precise conditions that would result in forfeiture. The commenter stated that total forfeiture should be limited to the rare instances in which DHS can prove by a preponderance of the