[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: 8CFR245a.17]

[Page 590-591]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
     PART 245a_ADJUSTMENT OF STATUS TO THAT OF PERSONS ADMITTED FOR 
 
   Subpart B_Legal Immigration Family Equity (LIFE) Act Legalization 
                               Provisions
 
Sec. 245a.17  Citizenship skills.

    (a) Requirements. Applicants for adjustment under LIFE Legalization 
must meet the requirements of section 312(a) of the Act (8 U.S.C. 
1423(a)) (relating to minimal understanding of ordinary English and a 
knowledge and understanding of the history and government of the United 
States). Unless an exception under paragraph (c) of this section applies 
to the applicant, LIFE Legalization applicants must establish that:
    (1) He or she has complied with the same requirements as those 
listed for naturalization applicants under Sec. Sec. 312.1 and 312.2 of 
this chapter; or
    (2) He or she has a high school diploma or general educational 
development diploma (GED) from a school in the United States. A GED 
gained in a language other than English is acceptable only if a GED 
English proficiency test has been passed. (The curriculum for both the 
high school diploma and the GED must have included at least 40 hours of 
instruction in English and United States history and government). The 
applicant may submit a high school diploma or GED either at the time of 
filing Form I-485, subsequent to filing the application but prior to the 
interview, or at the time of the interview (the applicant's name and A-
number must appear on any such evidence submitted); or
    (3) He or she has attended, or is attending, a state recognized, 
accredited learning institution in the United States, and that 
institution certifies such attendance. The course of study at such 
learning institution must be for a period of one academic year (or the 
equivalent thereof according to the standards of the learning 
institution) and the curriculum must include at least 40 hours of 
instruction in English and United States history and government. The 
applicant may submit certification on letterhead stationery from a state 
recognized, accredited learning institution either at the time of filing 
Form I-485, subsequent to filing the application but prior to the

[[Page 591]]

interview, or at the time of the interview (the applicant's name and A-
number must appear on any such evidence submitted).
    (b) Second interview. An applicant who fails to pass the English 
literacy and/or the United States history and government tests at the 
time of the interview, shall be afforded a second opportunity after 6 
months (or earlier, at the request of the applicant) to pass the tests 
or submit evidence as described in paragraphs (a)(2) or (a)(3) of this 
section. The second interview shall be conducted prior to the denial of 
the application for permanent residence and may be based solely on the 
failure to pass the basic citizenship skills requirements.
    (c) Exceptions. LIFE Legalization applicants are exempt from the 
requirements listed under paragraph (a)(1) of this section if he or she 
has qualified for the same exceptions as those listed for naturalization 
applicants under Sec. Sec. 312.1(b)(3) and 312.2(b) of this chapter. 
Further, at the discretion of the Attorney General, the requirements 
listed under paragraph (a) of this section may be waived if the LIFE 
Legalization applicant:
    (1) Is 65 years of age or older on the date of filing; or
    (2) Is developmentally disabled as defined under Sec. 245a.1(v).

[66 FR 29673, June 1, 2001, as amended at 67 38351, June 4, 2002]