[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: 8CFR236.14]

[Page 433-434]
 
                     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.  236.14  Filing.

    (a) General. An application for benefits under the Family Unity 
Program must be filed at the service center having jurisdiction over the 
alien's place of residence. A Form I-817, Application for Family Unity 
Benefits, must be filed with the correct fee required in Sec.  
103.7(b)(1) of this chapter and the required supporting documentation. A 
separate application with appropriate fee and documentation must be 
filed for each person claiming eligibility.
    (b) Decision. The service center director has sole jurisdiction to 
adjudicate an application for benefits under the Family Unity Program. 
The director will provide the applicant with specific reasons for any 
decision to deny an application. Denial of an application may not be 
appealed. An applicant who believes that the grounds for denial have 
been overcome may submit another application with the appropriate fee 
and documentation.
    (c) Referral of denied cases for consideration of issuance of notice 
to appear. If an application is denied, the case will be referred to the 
district director with jurisdiction over the alien's place of residence 
for consideration of whether to issue a notice to appear. After an 
initial denial, an applicant's case will not be referred for issuance of 
a notice to appear until 90 days from the date of the initial denial, to 
allow the alien

[[Page 434]]

the opportunity to file a new Form I-817 application in order to attempt 
to overcome the basis of the denial. However, if the applicant is found 
not to be eligible for benefits under Sec.  236.13(b), the Service 
reserves the right to issue a notice to appear at any time after the 
initial denial.

[62 FR 10360, Mar. 6, 1997, as amended at 65 FR 43680, July 14, 2000; 66 
FR 29672, June 1, 2001]