[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: 8CFR245a.33]

[Page 593-594]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
      CHAPTER I--DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND 
                             NATURALIZATION)
 
     PART 245a_ADJUSTMENT OF STATUS TO THAT OF PERSONS ADMITTED FOR 
 
          Subpart C_LIFE Act Amendments Family Unity Provisions
 
Sec.  245a.33  Filing.

    (a) General. An application for Family Unity benefits under section 
1504 of the LIFE Act Amendments must be filed on a Form I-817, 
Application for Family Unity Benefits, with the Missouri Service Center. 
A Form I-817 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.

[[Page 594]]

    (b) Decision. The Missouri Service Center Director has sole 
jurisdiction to adjudicate an application for Family Unity benefits 
under the LIFE Act Amendments. If the Service finds that additional 
evidence is required from the alien in order to properly adjudicate the 
application, the Service shall request such evidence from the alien in 
writing. 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 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.  
245a.32(a), the Service reserves the right to issue a notice to appear 
at any time after the initial denial.