[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: 8CFR236.18]

[Page 451-452]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 236--APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE ALIENS; REMOVAL OF ALIENS ORDERED REMOVED--Table of Contents
 
                     Subpart B--Family Unity Program
 
Sec. 236.18  Termination of Family Unity Program benefits.

    (a) Grounds for termination. The Service may terminate benefits 
under the Family Unity Program whenever the necessity for the 
termination comes to the attention of the Service. Such grounds will 
exist in situations including, but not limited to, those in which:
    (1) A determination is made that Family Unity Program benefits were 
acquired as the result of fraud or willful misrepresentation of a 
material fact;
    (2) The beneficiary commits an act or acts which render him or her 
inadmissible as an immigrant ineligible for benefits under the Family 
Unity Program;
    (3) The legalized alien upon whose status benefits under the Family 
Unity Program were based loses his or her legalized status;
    (4) The beneficiary is the subject of a final order of exclusion, 
deportation, or removal issued subsequent to the grant of Family Unity 
benefits unless such final order is based on entry without inspection; 
violation of status; or failure to comply with section 265 of the Act; 
or inadmissibility at the time of entry other than inadmissibility 
pursuant to section 212(a)(2) or 212(a)(3) of the Act, regardless of 
whether the facts giving rise to such ground occurred before or after 
the benefits were granted; or
    (5) A qualifying relationship to a legalized alien no longer exists.
    (b) Notice procedure. Notice of intent to terminate and of the 
grounds thereof shall be served pursuant to the provisions of 
Sec. 103.5a of this chapter. The alien shall be given 30 days to respond 
to the notice and may submit to the Service additional evidence in 
rebuttal. Any final decision of termination shall

[[Page 452]]

also be served pursuant to the provisions of Sec. 103.5a of this 
chapter. Nothing in this section shall preclude the Service from 
commencing exclusion or deportation proceedings prior to termination of 
Family Unity Program benefits.
    (c) Effect of termination. Termination of benefits under the Family 
Unity Program, other than as a result of a final order of removal, shall 
render the alien amenable to removal proceedings under section 240 of 
the Act. If benefits are terminated, the period of voluntary departure 
under this section is also terminated.

[62 FR 10360, Mar. 6, 1997, as amended at 65 FR 43680, July 14, 2000]

                          PART 237  [RESERVED]