[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR240.34]

[Page 499]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 240--PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED STATES--Table of Contents
 
Subpart D--Exclusion of Aliens (for Proceedings Commenced Prior to April 
                                1, 1997)
 
Sec. 240.34  Renewal of application for adjustment of status under section 245 of the Act.

    An adjustment application by an alien paroled under section 
212(d)(5) of the Act, which has been denied by the district director, 
may be renewed in exclusion proceedings under section 236 of the Act (as 
in effect prior to April 1, 1997) before an immigration judge under the 
following two conditions: first, the denied application must have been 
properly filed subsequent to the applicant's earlier inspection and 
admission to the United States; and second, the applicant's later 
absence from and return to the United States must have been under the 
terms of an advance parole authorization on Form I-512 granted to permit 
the applicant's absence and return to pursue the previously filed 
adjustment application.