[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: 8CFR236.18]



[Page 437]

 

                     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. 236.18  Termination of Family Unity Program benefits.



    (a) Grounds for termination. The Service may terminate benefits 

under the Family Unity Program whenever the necessity for the 

termination comes to the attention of the Service. Such grounds will 

exist in situations including, but not limited to, those in which:

    (1) A determination is made that Family Unity Program benefits were 

acquired as the result of fraud or willful misrepresentation of a 

material fact;

    (2) The beneficiary commits an act or acts which render him or her 

inadmissible as an immigrant ineligible for benefits under the Family 

Unity Program;

    (3) The legalized alien upon whose status benefits under the Family 

Unity Program were based loses his or her legalized status;

    (4) The beneficiary is the subject of a final order of exclusion, 

deportation, or removal issued subsequent to the grant of Family Unity 

benefits unless such final order is based on entry without inspection; 

violation of status; or failure to comply with section 265 of the Act; 

or inadmissibility at the time of entry other than inadmissibility 

pursuant to section 212(a)(2) or 212(a)(3) of the Act, regardless of 

whether the facts giving rise to such ground occurred before or after 

the benefits were granted; or

    (5) A qualifying relationship to a legalized alien no longer exists.

    (b) Notice procedure. Notice of intent to terminate and of the 

grounds thereof shall be served pursuant to the provisions of Sec. 

103.5a of this chapter. The alien shall be given 30 days to respond to 

the notice and may submit to the Service additional evidence in 

rebuttal. Any final decision of termination shall also be served 

pursuant to the provisions of Sec. 103.5a of this chapter. Nothing in 

this section shall preclude the Service from commencing exclusion or 

deportation proceedings prior to termination of Family Unity Program 

benefits.

    (c) Effect of termination. Termination of benefits under the Family 

Unity Program, other than as a result of a final order of removal, shall 

render the alien amenable to removal proceedings under section 240 of 

the Act. If benefits are terminated, the period of voluntary departure 

under this section is also terminated.



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



                           PART 237 [RESERVED]