[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: 8CFR249.2]

[Page 598-599]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 249--CREATION OF RECORDS OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE--Table of Contents
 
Sec. 249.2  Application.

    (a) Jurisdiction. An application by an alien, other than an arriving 
alien, who has been served with a notice to appear or warrant of arrest 
shall be considered only in proceedings under 8 CFR part 240. In any 
other case, an alien who believes he or she meets the eligibility 
requirements of section 249 of the Act

[[Page 599]]

shall apply to the district director having jurisdiction over his or her 
place of residence. The application shall be made on Form I-485 and 
shall be accompanied by Form G-325A, which shall be considered part of 
the application. The application shall also be accompanied by 
documentary evidence establishing continuous residence in the United 
States since prior to January 1, 1972, or since entry and prior to July 
1, 1924. All documents must be submitted in accordance with 
Sec. 103.2(b) of this chapter. Documentary evidence may include any 
records of official or personal transactions or recordings of events 
occurring during the period of claimed residence. Affidavits of credible 
witnesses may also be accepted. Persons unemployed and unable to furnish 
evidence in their own names may furnish evidence in the names of parents 
or other persons with whom they have been living, if affidavits of the 
parents or other persons are submitted attesting to the residence. The 
numerical limitations of sections 201 and 202 of the Act shall not 
apply.
    (b) Decision. The applicant shall be notified of the decision and, 
if the application is denied, of the reasons therefor. If the 
application is granted, a Form I-551, showing that the applicant has 
acquired the status of an alien lawfully admitted for permanent 
residence, shall not be issued until the applicant surrenders any other 
document in his or her possession evidencing compliance with the alien 
registration requirements of former or existing law. No appeal shall lie 
from the denial of an application by the district director. However, an 
alien, other than an arriving alien, may renew the denied application in 
proceedings under 8 CFR part 240.

[52 FR 6322, Mar. 3, 1987, as amended at 62 FR 10386, Mar. 6, 1997]