[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: 8CFR245a.16]

[Page 652]
 
                     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.16  Continuous physical presence from November 6, 1986, through May 4, 1988.

    (a) The Service will determine whether an alien was continuously 
physically present in the United States from November 6, 1986, through 
May 4, 1988, based on the evidence provided by the alien. An alien must 
provide with the application evidence establishing his or her continuous 
physical presence in the United States from November 6, 1986, through 
May 4, 1988. Evidence establishing the alien's continuous physical 
presence in the United States from November 6, 1986, to May 4, 1988, may 
consist of any documentation issued by any governmental or 
nongovernmental authority, provided such evidence bears the name of the 
applicant, was dated at the time it was issued, and bears the signature, 
seal, or other authenticating instrument of the authorized 
representative of the issuing authority, if the document would normally 
contain such authenticating instrument.
    (b) For purposes of this section, an alien shall not be considered 
to have failed to maintain continuous physical presence in the United 
States by virtue of brief, casual, and innocent absences from the United 
States. Also, brief, casual, and innocent absences from the United 
States are not limited to absences with advance parole. Brief, casual, 
and innocent absence(s) as used in this paragraph means temporary, 
occasional trips abroad as long as the purpose of the absence from the 
United States was consistent with the policies reflected in the 
immigration laws of the United States.
    (c) An alien who has been absent from the United States in 
accordance with the Service's advance parole procedures shall not be 
considered as having interrupted his or her continuous physical presence 
as required at the time of filing an application under this section.

[66 FR 29673, June 1, 2001, as amended at 67 38351, June 4, 2002]