[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.37]

[Page 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.37  Termination of Family Unity Program benefits.

    (a) Grounds for termination. The Service may terminate Family Unity 
benefits under the LIFE Act Amendments whenever the necessity for the 
termination comes to the attention of the Service. Such grounds will 
exist in situations including, but not limited to, those in which:
    (1) A determination is made that Family Unity benefits were acquired 
as the result of fraud or willful misrepresentation of a material fact;
    (2) The beneficiary commits an act or acts which render him or her 
ineligible for Family Unity benefits under the LIFE Act Amendments;
    (3) The alien, upon whose status Family Unity benefits under the 
LIFE Act were based, fails to apply for LIFE Legalization by June 4, 
2003, has his or her LIFE Legalization application denied, or loses his 
or her LPR status; or
    (4) A qualifying relationship to the alien, upon whose status Family 
Unity benefits under the LIFE Act Amendments were based, no longer 
exists.
    (b) Notice procedure. Notice of intent to terminate and of the 
grounds thereof shall be served pursuant to the provisions of Sec.  
103.5a of this chapter. The alien shall be given 30 days to respond to 
the notice and may submit to the Service additional evidence in 
rebuttal. Any final decision of termination shall also be served 
pursuant to the provisions of Sec.  103.5a of this chapter. Nothing in 
this section shall preclude the Service from commencing removal 
proceedings prior to termination of Family Unity benefits.
    (c) Effect of termination. Termination of Family Unity benefits 
under the LIFE Act Amendments shall render the alien amenable to removal 
under any ground specified in section 237 of the Act (including those 
grounds described in Sec.  245a.34(a)). In addition, the alien will no 
longer be considered to be in a period of stay authorized by the 
Attorney General as of the date of such termination.

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

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