[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: 8CFR236.14]



[Page 435-436]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 236_APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE 

ALIENS; REMOVAL OF ALIENS ORDERED REMOVED--Table of Contents

 

                     Subpart B_Family Unity Program

 

Sec. 236.14  Filing.



    (a) General. An application for benefits under the Family Unity 

Program must be filed at the service center having jurisdiction over the 

alien's place of residence. A Form I-817, Application for Family Unity 

Benefits, must be filed with the correct fee required in Sec. 

103.7(b)(1) of this chapter and the required supporting documentation. A 

separate application with appropriate



[[Page 436]]



fee and documentation must be filed for each person claiming 

eligibility.

    (b) Decision. The service center director has sole jurisdiction to 

adjudicate an application for benefits under the Family Unity Program. 

The director will provide the applicant with specific reasons for any 

decision to deny an application. Denial of an application may not be 

appealed. An applicant who believes that the grounds for denial have 

been overcome may submit another application with the appropriate fee 

and documentation.

    (c) Referral of denied cases for consideration of issuance of notice 

to appear. If an application is denied, the case will be referred to the 

district director with jurisdiction over the alien's place of residence 

for consideration of whether to issue a notice to appear. After an 

initial denial, an applicant's case will not be referred for issuance of 

a notice to appear until 90 days from the date of the initial denial, to 

allow the alien the opportunity to file a new Form I-817 application in 

order to attempt to overcome the basis of the denial. However, if the 

applicant is found not to be eligible for benefits under Sec. 

236.13(b), the Service reserves the right to issue a notice to appear at 

any time after the initial denial.



[62 FR 10360, Mar. 6, 1997, as amended at 65 FR 43680, July 14, 2000; 66 

FR 29672, June 1, 2001]