[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: 8CFR245a.17]

[Page 619-620]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
    PART 245a--ADJUSTMENT OF STATUS TO THAT OF PERSONS ADMITTED FOR LAWFUL TEMPORARY OR PERMANENT RESIDENT STATUS UNDER SECTION 245A OF THE IMMIGRATION AND 
NATIONALITY ACT--Table of Contents
 
   Subpart B--Legal Immigration Family Equity (LIFE) Act Legalization 
                               Provisions
 
Sec. 245a.17  Citizenship skills.

    (a) Requirements. Applicants for adjustment under LIFE Legalization 
must meet the requirements of section 312(a) of the Act (8 U.S.C. 
1423(a)) (relating to minimal understanding of ordinary English and a 
knowledge and understanding of the history and government of the United 
States). Unless an exception under paragraph (c) of this section applies 
to the applicant, LIFE Legalization applicants must establish that:
    (1) He or she has complied with the same requirements as those 
listed for naturalization applicants under Secs. 312.1 and 312.2 of this 
chapter; or
    (2) He or she has a high school diploma or general educational 
development diploma (GED) from a school in the United States. A GED 
gained in a language other than English is acceptable only if a GED 
English proficiency test has been passed. (The curriculum for both the 
high school diploma and the GED must have included at least 40 hours of 
instruction in English and United States history and government). The 
applicant may submit a high school diploma or GED either at the time of 
filing Form I-485, subsequent to filing the application but prior to the 
interview, or at the time of the interview (the applicant's name and A-
number must appear on any such evidence submitted); or
    (3) He or she has attended, or is attending, a state recognized, 
accredited learning institution in the United States, and that 
institution certifies such attendance. The course of study at such 
learning institution must be for a period of one academic year (or the 
equivalent thereof according to the standards of the learning 
institution) and the curriculum must include at least 40 hours of 
instruction in English and United States history and government. The 
applicant may submit certification on letterhead stationery from a state 
recognized, accredited learning institution either at the time of filing 
Form I-485, subsequent to filing the application but prior to the 
interview, or at the time of the interview (the applicant's name and A-
number must appear on any such evidence submitted).
    (b) Second interview. An applicant who fails to pass the English 
literacy and/or the United States history and government tests at the 
time of the interview, shall be afforded a second opportunity after 6 
months (or earlier, at the request of the applicant) to pass the tests 
or submit evidence as described in paragraphs (a)(2) or (a)(3) of this 
section. The second interview shall be conducted prior to the denial of 
the application for permanent residence and may be based solely on the 
failure to pass the basic citizenship skills requirements.
    (c) Exceptions. LIFE Legalization applicants are exempt from the 
requirements listed under paragraph (a)(1) of

[[Page 620]]

this section if he or she has qualified for the same exceptions as those 
listed for naturalization applicants under Secs. 312.1(b)(3) and 
312.2(b) of this chapter. Further, at the discretion of the Attorney 
General, the requirements listed under paragraph (a) of this section may 
be waived if the LIFE Legalization applicant:
    (1) Is 65 years of age or older; or
    (2) Is developmentally disabled as defined under Sec. 245a.1(v).