[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR245.7]

[Page 504]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 245_ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT 
RESIDENCE--Table of Contents
 
Sec. 245.7  Adjustment of status of certain Soviet and Indochinese 

parolees under the Foreign Operations Appropriations Act for Fiscal 
Year 1990 (Pub. L. 101-167).

    (a) Application. Each person applying for benefits under section 
599E of Public Law 101-167 (103 Stat. 1195, 1263) must file Form I-485, 
Application to Register Permanent Residence or Adjust Status, with the 
director having jurisdiction over the applicant's place of residence and 
must pay the appropriate filing and fingerprinting fee, as prescribed in 
Sec. 103.7 of this chapter. Each application shall be accompanied by 
Form I-643, Health and Human Services Statistical Data for Refugee/
Asylee Adjusting Status, and the results of a medical examination given 
in accordance with Sec. 245.8. In addition, if the applicant has 
reached his or her 14th birthday but is not over 79 years of age, the 
application shall be accompanied by a completed Form G-325A, Biographic 
Information, and the applicant shall be fingerprinted on Form FD-258, 
Applicant Card, as prescribed in Sec. 103.2(e) of this chapter.
    (b) Aliens eligible to apply for adjustment. The benefits of this 
section shall only apply to an alien who:
    (1) Was a national of the Soviet Union, Vietnam, Laos, or Cambodia, 
and
    (2) Was inspected and granted parole into the United States during 
the period beginning on August 15, 1988, and ending on September 30, 
1990, after being denied refugee status.
    (c) Eligibility. Benefits under Section 599E of Public Law 101-167 
are limited to any alien described in paragraph (b) of this section who:
    (1) Applies for such adjustment,
    (2) Has been physically present in the United States for at least 
one year and is physically present in the United States on the date the 
application for such adjustment is filed,
    (3) Is admissible to the United States as an immigrant, except as 
provided in paragraph (d) of this section, and
    (4) Pays a fee for the processing of such application.
    (d) Waiver of certain grounds for inadmissibility. The provisions of 
paragraphs (14), (15), (20), (21), (25), (28) (other than subparagraph 
(F), and (32) of section 212(a) of the Act shall not apply to adjustment 
under this section. The Attorney General may waive any other provision 
of section 212(a) (other than paragraph (23)(B), (27), (29), or (33)) 
with respect to such an adjustment for humanitarian purposes, to assure 
family unity, or when it is otherwise in the public interest.
    (e) Date of approval. Upon approval of such an application for 
adjustment of status, the Attorney General shall create a record of the 
alien's admission as a lawful permanent resident as of the date of the 
alien's inspection and parole described in paragraph (b)(2) of this 
section.
    (f) No offset in number of visas available. When an alien is granted 
the status of having been lawfully admitted for permanent residence 
under this section, the Secretary of State shall not be required to 
reduce the number of immigrant visas authorized to be issued under the 
Immigration and Nationality Act.

[55 FR 24860, July 19, 1990. Redesingated at 56 FR 49841, Oct. 2, 1991, 
as amended at 59 FR 33905, July 1, 1994; 63 FR 12987, Mar. 17, 1998]