[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.20]

[Page 622-623]
 
                     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.20  Decisions, appeals, motions, and certifications.

    (a) Decisions.
    (1) Approval of applications. If the Service approves the 
application for adjustment of status under LIFE Legalization, the 
district director shall record the alien's lawful admission for 
permanent residence as of the date of such approval and notify the alien 
accordingly. The district director shall also advise the alien regarding 
the delivery of his or her Form I-551, Permanent Resident Card, and of 
the process for obtaining temporary evidence of alien registration. If 
the alien has previously been issued a final order of exclusion, 
deportation, or removal, such order shall be deemed canceled as of the 
date of the district director's approval of the application for 
adjustment of status. If the alien had been in exclusion, deportation, 
or removal proceedings that were administratively closed, such 
proceedings shall be deemed terminated as of the date of approval of the 
application for adjustment of status by the district director.
    (2) Denials. The alien shall be notified in writing of the decision 
of denial and of the reason(s) therefore. If the Service intends to rely 
on adverse information of which the applicant is not aware, the Service 
will comply with Sec. 103.2(b)(16) of this chapter, and will not deny 
the application until the applicant has had the opportunity to respond 
to the adverse information. If inconsistencies are found between 
information submitted with the adjustment application and information 
previously furnished by the alien to the Service, the alien shall be 
afforded the opportunity to explain discrepancies or rebut any adverse 
information. A party affected under this part by an adverse decision is 
entitled to file an appeal on Form I-290B, Notice of appeal to the 
Administrative Appeals Unit (AAU), with required fee specified in 
Sec. 103.7(b)(1) of this chapter. Except in instances when a LIFE 
Legalization application is denied for failure to establish timely 
application for class membership in the CSS, LULAC, or Zambrano lawsuit, 
or in instances when the LIFE Legalization applicant failed to present a 
prima facie application for LIFE Legalization as defined in 
Sec. 245a.13(c), employment authorization will be granted until a final 
decision has been rendered on appeal or until the end of the appeal 
period if no appeal is filed. After exhaustion of an appeal, an alien 
who believes that the grounds for denial have been overcome may submit 
another application with fee, provided that the application is submitted 
on or before May 31, 2002.
    (b) Appeals process. An adverse decision under this part may be 
appealed to the Associate Commissioner, Examinations, Administrative 
Appeals Office (AAO), who is the appellate authority designated in 
Sec. 103.1(f)(3) of this chapter. Any appeal shall be submitted to the 
Service office that rendered the decision with the required fee.
    (1) If an appeal is filed from within the United States, it must be 
received by the Service within 30 calendar days after service of the 
Notice of Denial (NOD) in accordance with the procedures of 
Sec. 103.3(a) of this chapter. An appeal received after the 30 day 
period has tolled will not be accepted. The 30 day period for submitting 
an appeal begins 3 days after the NOD is mailed. If a review of the 
Record of Proceeding (ROP) is requested by the alien or his or her legal 
representative, and an appeal has been properly filed, an additional 30 
days will be allowed for this review from the time the ROP is 
photocopied and mailed.
    (2) If an applicant's last known address of record was outside the 
United States, and the NOD was mailed to that foreign address, the 
appeal must be received by the Service within 60 calendar days after 
service of the NOD in accordance with the procedures of Sec. 103.3(a) of 
this chapter. An appeal received after the 60 day period has tolled will 
not be accepted. The 60-day period for submitting an appeal begins 3 
days after the NOD is mailed.
    (c) Motions. The Service director who denied the application may 
reopen and reconsider any adverse decision sua sponte. When an appeal to 
the AAO has been filed, the director may issue a new decision that will 
grant the benefit

[[Page 623]]

that has been requested. Motions to reopen a proceeding or reconsider a 
decision shall not be considered under this Subpart B.
    (d) Certifications. The Service director who adjudicates the 
application may, in accordance with Sec. 103.4 of this chapter, certify 
a decision to the AAO when the case involves an unusually complex or 
novel question of law or fact.
    (e) Effect of final adjudication of application on aliens previously 
in proceedings.
    (1) Upon the granting of an application. If the application for LIFE 
Legalization is granted, proceedings shall be deemed terminated or a 
final order of exclusion, deportation, or removal shall be deemed 
canceled as of the date of the approval of the LIFE Legalization 
application for adjustment of status.
    (2) Upon the denial of an application.
    (i) Where proceedings were administratively closed. In the case of 
an alien whose previously initiated exclusion, deportation or removal 
proceeding had been administratively closed or continued indefinitely 
under Sec. 245a.12(b)(1), the director shall make a request for 
recalendaring to the Immigration Court that had administratively closed 
the proceeding, or the Board, as appropriate, when there is a final 
decision denying the LIFE Legalization application. The Immigration 
Court or the Board will then recalendar the prior proceeding.
    (ii) Where final order was stayed. If the application for LIFE 
Legalization is denied, the stay of a final order of exclusion, 
deportation, or removal afforded in Sec. 245a.13(f) shall be deemed 
lifted as of the date of such denial.