[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR240.61]

[Page 477]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 240--PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES--Table of Contents
 
 Subpart H--Applications for Suspension of Deportation or Special Rule 
      Cancellation of Removal Under Section 203 of Pub. L. 105-100
 
Sec. 240.61  Applicability.

    (a) Except as provided in paragraph (b) of this section, this 
subpart H applies to the following aliens:
    (1) A registered ABC class member who has not been apprehended at 
the time of entry after December 19, 1990;
    (2) A Guatemalan or Salvadoran national who filed an application for 
asylum with the Service on or before April 1, 1990, either by filing an 
application with the Service or filing the application with the 
Immigration Court and serving a copy of that application on the Service.
    (3) An alien who entered the United States on or before December 31, 
1990, filed an application for asylum on or before December 31, 1991, 
and, at the time of filing the application, was a national of the Soviet 
Union, Russia, any republic of the former Soviet Union, Latvia, Estonia, 
Lithuania, Poland, Czechoslovakia, Romania, Hungary, Bulgaria, Albania, 
East Germany, Yugoslavia, or any state of the former Yugoslavia;
    (4) An alien who is the spouse or child of an individual described 
in paragraph (a)(1), (a)(2), or (a)(3) of this section at the time a 
decision is made to suspend the deportation, or cancel the removal, of 
the individual described in paragraph (a)(1), (a)(2), or (a)(3) of this 
section;
    (5) An alien who is:
    (i) The unmarried son or unmarried daughter of an individual 
described in paragraph (a)(1), (a)(2), or (a)(3) of this section and is 
21 years of age or older at the time a decision is made to suspend the 
deportation, or cancel the removal, of the parent described in paragraph 
(a)(1), (a)(2), or (a)(3) of this section; and
    (ii) Entered the United States on or before October 1, 1990.
    (b) This subpart H does not apply to any alien who has been 
convicted at any time of an aggravated felony, as defined in section 
101(a)(43) of the Act.