[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: 8CFR247.12]

[Page 629]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 247--ADJUSTMENT OF STATUS OF CERTAIN RESIDENT ALIENS--Table of Contents
 
Sec. 247.12  Disposition of case.

    (a) Allegations admitted or no answer filed. If the waiver Form I-
508 and, if applicable, Form I-508F is not filed by the alien within the 
time prescribed, and the answer admits the allegations in the notice, or 
no answer is filed, the district director shall place a notation on the 
notice describing the alien's adjusted nonimmigrant status and shall 
cause a set of Forms I-94 to be prepared evidencing the nonimmigrant 
classification to which the alien has been adjusted and no appeal shall 
lie from such decision. Form I-94A shall be delivered to the alien and 
shall constitute notice to him of such adjustment. The alien's 
nonimmigrant status shall be for such time, under such conditions, and 
subject to such regulations as are applicable to the particular 
nonimmigrant status granted and shall be subject to such other terms and 
conditions, including the exaction of bond as the district director may 
deem appropriate.
    (b) Answer filed; personal appearance. Upon receipt of an answer 
asserting a defense to the allegations made in the notice without 
requesting a personal appearance, or if a personal appearance is 
requested or directed, the case shall be assigned to an immigration 
officer. Pertinent evidence, including testimony of witnesses, shall be 
incorporated in the record. The immigration officer shall prepare a 
report summarizing the evidence and containing his findings and 
recommendation. The record, including the report and recommendation of 
the immigration officer, shall be forwarded to the district director who 
caused the notice to be served. The district director shall note on the 
report of the immigration officer whether he approves or disapproves the 
recommendation of the immigration officer. If the decision of the 
district director is that the matter be terminated, the alien shall be 
informed of such decision. If the decision of the district director is 
that the status of the alien should be adjusted to that of a 
nonimmigrant, his decision shall provide that unless the alien, within 
10 days of receipt of notification of such decision, requests permission 
to retain his status as an immigrant and files with the district 
director Form I-508 and, if applicable, Form I-508F, the alien's 
immigrant status be adjusted to that of a nonimmigrant. The alien shall 
be informed of such decision and of the reasons therefor, and of his 
right to appeal in accordance with the provisions of part 103 of this 
chapter. If the alien does not request that he be permitted to retain 
status and file the Form I-508 and, if applicable, Form I-508F within 
the period provided therefor, the district director, without further 
notice to the alien, shall cause a set of Forms I-94 to be prepared 
evidencing the nonimmigrant classification to which the alien has been 
adjusted. Form I-94A shall be delivered to the alien. The alien's 
nonimmigrant status shall be for such time, under such conditions, and 
subject to such regulations as are applicable to the particular 
nonimmigrant status created and shall be subject to such other terms and 
conditions, including the exaction of bond, as the district director may 
deem appropriate.

[22 FR 9801, Dec. 6, 1957, as amended at 23 FR 9124, Nov. 26, 1958; 35 
FR 13829, Sept. 1, 1970]