[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR209.1]



[Page 167-168]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 209_ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM

--Table of Contents

 

Sec. 209.1  Adjustment of status of refugees.









Sec.

209.1 Adjustment of status of refugees.

209.2 Adjustment of status of alien granted asylum.



    Authority: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252, 1282; 

8 CFR part 2.



[[Page 168]]





    The provisions of this section shall provide the sole and exclusive 

procedure for adjustment of status by a refugee admitted under section 

207 of the Act whose application is based on his or her refugee status.

    (a) Eligibility. (1) Every alien in the United States who is 

classified as a refugee under part 207 of this chapter, whose status has 

not been terminated, is required to apply to the Service 1 year after 

entry in order for the Service to determine his or her admissibility 

under section 212 of the Act.

    (2) Every alien processed by the Immigration and Naturalization 

Service abroad and paroled into the United States as a refugee after 

April 1, 1980, and before May 18, 1980, shall be considered as having 

entered the United States as a refugee under section 207(a) of the Act.

    (b) Application. Upon admission to the United States, every refugee 

entrant shall be notified of the requirement to submit an application 

for permanent residence 1 year after entry. An application for the 

benefits of section 209(a) of the Act shall be filed on Form I-485, 

without fee, with the director of the appropriate Service office 

identified in the instructions which accompany the Form I-485. A 

separate application must be filed by each alien. Every applicant who is 

14 years of age or older must submit a completed Form G-325A 

(Biographical Information) with the Form I-485 application. Following 

submission of the Form I-485 application, a refugee entrant who is 14 

years of age or older will be required to execute a Form FD-258 

(Applicant Fingerprint Card) at such time and place as the Service will 

designate.

    (c) Medical examination. A refugee seeking adjustment of status 

under section 209(a) of the Act is not required to repeat the medical 

examination performed under Sec. 207.2(c), unless there were medical 

grounds of inadmissibility applicable at the time of admission. The 

refugee is, however, required to establish compliance with the 

vaccination requirements described under section 212(a)(1)(A)(ii) of the 

Act, by submitting with the adjustment of status application a 

vaccination supplement, completed by a designated civil surgeon in the 

United States.

    (d) Interview. The Service director having jurisdiction over the 

application will determine, on a case-by-case basis, whether an 

interview by an immigration officer is necessary to determine the 

applicant's admissibility for permanent resident status under this part.

    (e) Decision. The director will notify the applicant in writing of 

the decision of his or her application for admission to permanent 

residence. If the applicant is determined to be inadmissible or no 

longer a refugee, the director will deny the application and notify the 

applicant of the reasons for the denial. The director will, in the same 

denial notice, inform the applicant of his or her right to renew the 

request for permanent residence in removal proceedings under section 240 

of the Act. There is no appeal of the denial of an application by the 

director, but such denial will be without prejudice to the alien's right 

to renew the application in removal proceedings under part 240 of this 

chapter. If the applicant is found to be admissible for permanent 

residence under section 209(a) of the Act, the director will approve the 

application and admit the applicant for lawful permanent residence as of 

the date of the alien's arrival in the United States. An alien admitted 

for lawful permanent residence will be issued Form I-551, Alien 

Registration Receipt Card.



[63 FR 30109, June 3, 1998]