[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: 8CFR210.5]



[Page 181]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 210_SPECIAL AGRICULTURAL WORKERS--Table of Contents

 

Sec. 210.5  Adjustment to permanent resident status.



    (a) Eligibility and date of adjustment to permanent resident status. 

The status of an alien lawfully admitted to the United States for 

temporary residence under section 210(a)(1) of the Act, if the alien has 

otherwise maintained such status as required by the Act, shall be 

adjusted to that of an alien lawfully admitted to the United States for 

permanent residence as of the following dates:

    (1) Group 1. Aliens determined to be eligible for Group 1 

classification, whose adjustment to temporary residence occurred prior 

to November 30, 1988, shall be adjusted to lawful permanent residence as 

of December 1, 1989. Those aliens whose adjustment to temporary 

residence occurred after November 30, 1988 shall be adjusted to lawful 

permanent residence one year from the date of the adjustment to 

temporary residence.

    (2) Group 2. Aliens determined to be eligible for Group 2 

classification whose adjustment to temporary residence occurred prior to 

November 30, 1988, shall be adjusted to lawful permanent residence as of 

December 1, 1990. Those aliens whose adjustment to temporary residence 

occurred after November 30, 1988 shall be adjusted to lawful permanent 

residence two years from the date of the adjustment to temporary 

residence.

    (b) ADIT processing--(1) General. To obtain proof of permanent 

resident status an alien described in paragraph (a) of this section must 

appear at a legalization or Service office designated for this purpose 

for preparation of Form I-551, Permanent Resident Card. Such appearance 

may be prior to the date of adjustment, but only upon invitation by the 

Service. Form I-551 shall be issued subsequent to the date of 

adjustment.

    (2) Upon appearance at a Service office for preparation of Form I-

551, an alien must present proof of identity, suitable ADIT photographs, 

and a fingerprint and signature must be obtained from the alien on Form 

I-89.



[53 FR 10064, Mar. 29, 1988, as amended at 54 FR 50339, Dec. 6, 1989; 63 

FR 70315, Dec. 21, 1998]