[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR236.12]

[Page 432-433]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
PART 236_APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE ALIENS; 
REMOVAL OF ALIENS ORDERED REMOVED--Table of Contents
 
                     Subpart B_Family Unity Program
 
Sec.  236.12  Eligibility.

    (a) General. An alien who is not a lawful permanent resident is 
eligible to apply for benefits under the Family Unity Program if he or 
she establishes:
    (1) That he or she entered the United States before May 5, 1988 (in 
the case of a relationship to a legalized alien described in subsection 
(b)(2)(B) or (b)(2)(C) of section 301 of IMMACT 90), or as of December 
1, 1988 (in the case of

[[Page 433]]

a relationship to a legalized alien described in subsection (b)(2)(A) of 
section 301 of IMMACT 90), and has been continuously residing in the 
United States since that date; and
    (2) That as of May 5, 1988, (in the case of a relationship to a 
legalized alien described in subsection (b)(2)(B) or (b)(2) (C) of 
section 301 of IMMACT 90) or as of December 1, 1988, (in the case of a 
relationship to a legalized alien described in subsection (b)(2) (A) of 
section 301 of IMMACT 90), he or she was the spouse or unmarried child 
of a legalized alien, and that he or she has been eligible continuously 
since that time for family-sponsored immigrant status under section 
203(a) (1), (2), or (3) or as an immediate relative under section 201 
(b)(2) of the Act based on the same relationship.
    (b) Legalization application pending as of May 5, 1988 or December 
1, 1988. An alien whose legalization application was filed on or before 
May 5, 1988 (in the case of a relationship to a legalized alien 
described in subsection (b)(2)(B) or (b)(2)(C) of section 301 of IMMACT 
90), or as of December 1, 1988 (in the case of a relationship to a 
legalized alien described in subsection (b)(2)(A) of section 301 of 
IMMACT 90), but not approved until after that date will be treated as 
having been a legalized alien as of May 5, 1988 (in the case of a 
relationship to a legalized alien described in subsection (b)(2)(B) or 
(b)(2)(C) of section 301 of IMMACT 90), or as of December 1, 1988 (in 
the case of a relationship to a legalized alien described in subsection 
(b)(2)(A) of section 301 of IMMACT 90), for purposes of the Family Unity 
Program.

[62 FR 10360, Mar. 6, 1997, as amended at 65 FR 43679, July 14, 2000]