[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.34]

[Page 594-595]
 
                     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.34  Protection from removal, eligibility for employment, 
and period of authorized stay.

    (a) Scope of protection. Nothing in this Subpart C shall be 
construed to limit the authority of the Service to commence removal 
proceedings against an applicant for or beneficiary of Family Unity 
benefit under this Subpart C on any ground of removal. Also, nothing in 
this Subpart C shall be construed to limit the authority of the Service 
to take any other enforcement action against such an applicant or 
beneficiary with respect to any ground of removal not specified in 
paragraphs (a)(1) through (a)(4) of this section. Protection from 
removal under this Subpart C is limited to the grounds of removal 
specified in:
    (1) Section 237(a)(1)(A) of the Act (aliens who were inadmissible at 
the time of entry or adjustment of status), except that the alien may be 
removed if he or she is inadmissible because of a ground listed in 
section 212(a)(2) (criminal and related grounds) or in section 212(a)(3) 
(security and related grounds) of the Act; or
    (2) Section 237(a)(1)(B) of the Act (aliens present in the United 
States in violation of the Act or any other law of the United States);
    (3) Section 237(a)(1)(C) of the Act (aliens who violated their 
nonimmigrant status or violated the conditions of entry); or
    (4) Section 237(a)(3)(A) of the Act (aliens who failed to comply 
with the change of address notification requirements).
    (b) Duration of protection from removal. When an alien whose 
application for Family Unity benefits under the LIFE Act Amendments is 
approved, he or she will receive protection from removal, commencing 
with the date of approval of the application. A grant of protection from 
removal under this section shall be considered effective from the date 
on which the application was properly filed.
    (1) In the case of an alien who has been granted Family Unity 
benefits under the LIFE Act Amendments based on the principal alien's 
application for LIFE Legalization, any evidence of protection from 
removal shall be dated to expire 1 year after the date of approval, or 
the day before the alien's 21st birthday, whichever comes first.
    (2) In the case of an alien who has been granted Family Unity 
benefits under the LIFE Act Amendments based on the principal alien's 
adjustment to LPR status pursuant to his or her LIFE Legalization 
application, any evidence of protection from removal shall be dated to 
expire 2 years after the date of approval, or the day before the alien's 
21st birthday, whichever comes first.
    (c) Employment authorization. An alien granted Family Unity benefits 
under the LIFE Act Amendments is authorized to be employed in the United 
States.
    (1) In the case of an alien who has been granted Family Unity 
benefits

[[Page 595]]

based on the principal alien's application for LIFE Legalization, the 
validity period of the employment authorization document shall be dated 
to expire 1 year after the date of approval of the Form I-817, or the 
day before the alien's 21st birthday, whichever comes first.
    (2) In the case of an alien who has been granted Family Unity 
benefits based on the principal alien's adjustment to LPR status 
pursuant to his or her LIFE Legalization application, the validity 
period of the employment authorization document shall be dated to expire 
2 years after the date of approval of the Form I-817, or the day before 
the alien's 21st birthday, whichever comes first.
    (d) Period of authorized stay. An alien granted Family Unity 
benefits under the LIFE Act Amendments is deemed to have received an 
authorized period of stay approved by the Attorney General within the 
scope of section 212(a)(9)(B) of the Act.

[66 FR 29673, June 1, 2001, as amended at 67 FR 38352, June 4, 2002]