[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR209.1]

[Page 213-214]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 209--ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM--Table of Contents
 
Sec. 209.1   Adjustment of status of refugees.

    The provisions of this section shall provide the sole and exclusive 
procedure for adjustment of status by a refugee admitted under section 
207 of the Act whose application is based on his or her refugee status.
    (a) Eligibility. (1) Every alien in the United States who is 
classified as a refugee under part 207 of this chapter, whose status has 
not been terminated, is required to apply to the Service 1 year after 
entry in order for the Service to determine his or her admissibility 
under section 212 of the Act.
    (2) Every alien processed by the Immigration and Naturalization 
Service

[[Page 214]]

abroad and paroled into the United States as a refugee after April 1, 
1980, and before May 18, 1980, shall be considered as having entered the 
United States as a refugee under section 207(a) of the Act.
    (b) Application. Upon admission to the United States, every refugee 
entrant shall be notified of the requirement to submit an application 
for permanent residence 1 year after entry. An application for the 
benefits of section 209(a) of the Act shall be filed on Form I-485, 
without fee, with the director of the appropriate Service office 
identified in the instructions which accompany the Form I-485. A 
separate application must be filed by each alien. Every applicant who is 
14 years of age or older must submit a completed Form G-325A 
(Biographical Information) with the Form I-485 application. Following 
submission of the Form I-485 application, a refugee entrant who is 14 
years of age or older will be required to execute a Form FD-258 
(Applicant Fingerprint Card) at such time and place as the Service will 
designate.
    (c) Medical examination. A refugee seeking adjustment of status 
under section 209(a) of the Act is not required to repeat the medical 
examination performed under Sec. 207.2(c), unless there were medical 
grounds of inadmissibility applicable at the time of admission. The 
refugee is, however, required to establish compliance with the 
vaccination requirements described under section 212(a)(1)(A)(ii) of the 
Act, by submitting with the adjustment of status application a 
vaccination supplement, completed by a designated civil surgeon in the 
United States.
    (d) Interview. The Service director having jurisdiction over the 
application will determine, on a case-by-case basis, whether an 
interview by an immigration officer is necessary to determine the 
applicant's admissibility for permanent resident status under this part.
    (e) Decision. The director will notify the applicant in writing of 
the decision of his or her application for admission to permanent 
residence. If the applicant is determined to be inadmissible or no 
longer a refugee, the director will deny the application and notify the 
applicant of the reasons for the denial. The director will, in the same 
denial notice, inform the applicant of his or her right to renew the 
request for permanent residence in removal proceedings under section 240 
of the Act. There is no appeal of the denial of an application by the 
director, but such denial will be without prejudice to the alien's right 
to renew the application in removal proceedings under part 240 of this 
chapter. If the applicant is found to be admissible for permanent 
residence under section 209(a) of the Act, the director will approve the 
application and admit the applicant for lawful permanent residence as of 
the date of the alien's arrival in the United States. An alien admitted 
for lawful permanent residence will be issued Form I-551, Alien 
Registration Receipt Card.

[63 FR 30109, June 3, 1998]