[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.6]

[Page 580-581]
 
                     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 A_Immigration Reform and Control Act of 1986 (IRCA) Legalization 
                               Provisions
 
Sec.  245a.6  Treatment of denied application under part 245a, Subpart B.

    If the district director finds that an eligible alien as defined at 
Sec.  245a.10 has not established eligibility under section 1104 of the 
LIFE Act (part 245a, Subpart B), the district director shall consider 
whether the eligible alien has established eligibility for adjustment to 
temporary resident status under section 245A of the Act, as in effect 
before enactment of section 1104 of the LIFE

[[Page 581]]

Act (part 245a, Subpart A). In such an adjudication using this Subpart 
A, the district director will deem the ``date of filing the 
application'' to be the date the eligible alien establishes that he or 
she was ``front-desked'' or that, though he or she took concrete steps 
to apply, the front-desking policy was a substantial cause of his or her 
failure to apply. If the eligible alien has established eligibility for 
adjustment to temporary resident status, the LIFE Legalization 
application shall be deemed converted to an application for temporary 
residence under this Subpart A.

[67 FR 38350, June 4, 2002]