[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: 8CFR240.65]

[Page 447-448]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
PART 240_PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED 
STATES--Table of Contents
 
  Subpart H_Applications for Suspension of Deportation or Special Rule 
      Cancellation of Removal Under Section 203 of Pub. L. 105	100
 
Sec.  240.65  Eligibility for suspension of deportation.

    (a) Applicable statutory provisions. To establish eligibility for 
suspension of

[[Page 448]]

deportation under this section, the applicant must be an individual 
described in Sec.  240.61; must establish that he or she is eligible 
under former section 244 of the Act, as in effect prior to April 1, 
1997; must not be subject to any bars to eligibility in former section 
242B(e) of the Act, as in effect prior to April 1, 1997, or any other 
provisions of law; and must not have been convicted of an aggravated 
felony or be an alien described in former section 241(a)(4)(D) of the 
Act, as in effect prior to April 1, 1997 (relating to Nazi persecution 
and genocide).
    (b) General rule. To establish eligibility for suspension of 
deportation under former section 244(a)(1) of the Act, as in effect 
prior to April 1, 1997, an alien must be deportable under any law of the 
United States, except the provisions specified in paragraph (c) of this 
section, and must establish:
    (1) The alien has been physically present in the United States for a 
continuous period of not less than 7 years immediately preceding the 
date the application was filed;
    (2) During all of such period the alien was and is a person of good 
moral character; and
    (3) The alien's deportation would, in the opinion of the Attorney 
General, result in extreme hardship to the alien or to the alien's 
spouse, parent, or child, who is a citizen of the United States or an 
alien lawfully admitted for permanent residence.
    (c) Aliens deportable on criminal or certain other grounds. To 
establish eligibility for suspension of deportation under former section 
244(a)(2) of the Act, as in effect prior to April 1, 1997, an alien who 
is deportable under former section 241(a) (2), (3), or (4) of the Act, 
as in effect prior to April 1, 1997 (relating to criminal activity, 
document fraud, failure to register, and security threats), must 
establish that:
    (1) The alien has been physically present in the United States for a 
continuous period of not less than 10 years immediately following the 
commission of an act, or the assumption of a status constituting a 
ground for deportation;
    (2) The alien has been and is a person of good moral character 
during all of such period; and
    (3) The alien's deportation would, in the opinion of the Attorney 
General, result in exceptional and extremely unusual hardship to the 
alien, or to the alien's spouse, parent, or child, who is a citizen of 
the United States or an alien lawfully admitted for permanent residence.
    (d) Battered spouses and children. To establish eligibility for 
suspension of deportation under former section 244(a)(3) of the Act, as 
in effect prior to April 1, 1997, an alien must be deportable under any 
law of the United States, except under former section 241(a)(1)(G) of 
the Act, as in effect prior to April 1, 1997 (relating to marriage 
fraud), and except under the provisions specified in paragraph (c) of 
this section, and must establish that:
    (1) The alien has been physically present in the United States for a 
continuous period of not less than 3 years immediately preceding the 
date the application was filed;
    (2) The alien has been battered or subjected to extreme cruelty in 
the United States by a spouse or parent who is a United States citizen 
or lawful permanent resident (or is the parent of a child of a United 
States citizen or lawful permanent resident and the child has been 
battered or subjected to extreme cruelty in the United States by such 
citizen or permanent resident parent); and
    (3) During all of such time in the United States the alien was and 
is a person of good moral character; and
    (4) The alien's deportation would, in the opinion of the Attorney 
General, result in extreme hardship to the alien or the alien's parent 
or child.