[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: 8CFR240.61]



[Page 446-447]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 240_PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED 

STATES--Table of Contents

 

  Subpart H_Applications for Suspension of Deportation or Special Rule 

      Cancellation of Removal Under Section 203 of Pub. L. 105-100

 

Sec. 240.61  Applicability.



    (a) Except as provided in paragraph (b) of this section, this 

subpart H applies to the following aliens:



[[Page 447]]



    (1) A registered ABC class member who has not been apprehended at 

the time of entry after December 19, 1990;

    (2) A Guatemalan or Salvadoran national who filed an application for 

asylum with the Service on or before April 1, 1990, either by filing an 

application with the Service or filing the application with the 

Immigration Court and serving a copy of that application on the Service.

    (3) An alien who entered the United States on or before December 31, 

1990, filed an application for asylum on or before December 31, 1991, 

and, at the time of filing the application, was a national of the Soviet 

Union, Russia, any republic of the former Soviet Union, Latvia, Estonia, 

Lithuania, Poland, Czechoslovakia, Romania, Hungary, Bulgaria, Albania, 

East Germany, Yugoslavia, or any state of the former Yugoslavia;

    (4) An alien who is the spouse or child of an individual described 

in paragraph (a)(1), (a)(2), or (a)(3) of this section at the time a 

decision is made to suspend the deportation, or cancel the removal, of 

the individual described in paragraph (a)(1), (a)(2), or (a)(3) of this 

section;

    (5) An alien who is:

    (i) The unmarried son or unmarried daughter of an individual 

described in paragraph (a)(1), (a)(2), or (a)(3) of this section and is 

21 years of age or older at the time a decision is made to suspend the 

deportation, or cancel the removal, of the parent described in paragraph 

(a)(1), (a)(2), or (a)(3) of this section; and

    (ii) Entered the United States on or before October 1, 1990.

    (b) This subpart H does not apply to any alien who has been 

convicted at any time of an aggravated felony, as defined in section 

101(a)(43) of the Act.