[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.34]

[Page 625]
 
                     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 C--LIFE Act Amendments Family Unity Provisions
 
Sec. 245a.34  Protection from removal, eligibility for employment, and period of authorized stay.

    (a) Scope of protection. Nothing in this Subpart C shall be 
construed to limit the authority of the Service to commence removal 
proceedings against an applicant for or beneficiary of Family Unity 
benefit under this Subpart C on any ground of removal. Also, nothing in 
this Subpart C shall be construed to limit the authority of the Service 
to take any other enforcement action against such an applicant or 
beneficiary with respect to any ground of removal not specified in 
paragraphs (a)(1) through (a)(4) of this section. Protection from 
removal under this Subpart C is limited to the grounds of removal 
specified in:
    (1) Section 237(a)(1)(A) of the Act (aliens who were inadmissible at 
the time of entry or adjustment of status), except that the alien may be 
removed if he or she is inadmissible because of a ground listed in 
section 212(a)(2) (criminal and related grounds) or in section 212(a)(3) 
(security and related grounds) of the Act; or
    (2) Section 237(a)(1)(B) of the Act (aliens present in the United 
States in violation of the Act or any other law of the United States);
    (3) Section 237(a)(1)(C) of the Act (aliens who violated their 
nonimmigrant status or violated the conditions of entry); or
    (4) Section 237(a)(3)(A) of the Act (aliens who failed to comply 
with the change of address notification requirements).
    (b) Duration of protection from removal. An alien whose application 
for Family Unity benefits under the LIFE Act Amendments is approved will 
receive protection from removal, commencing with the date of approval of 
the application. While any evidence of protection from removal shall be 
dated to expire 1 year after the date of approval, a grant of protection 
from removal under this section shall be considered effective from the 
date on which the application was properly filed.
    (c) Employment authorization. An alien granted Family Unity benefits 
under the LIFE Act Amendments is authorized to be employed in the United 
States. The validity period of the employment authorization document 
shall be dated to expire 1 year after the date of approval of the Form 
I-817.
    (d) Period of authorized stay. An alien granted Family Unity 
benefits under the LIFE Act Amendments is deemed to have received an 
authorized period of stay approved by the Attorney General within the 
scope of section 212(a)(9)(B) of the Act.