[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: 8CFR240.65]



[Page 450-451]

 

                     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. 240.65  Eligibility for suspension of deportation.



    (a) Applicable statutory provisions. To establish eligibility for 

suspension of deportation under this section, the applicant must be an 

individual described in Sec. 240.61; must establish that he or she is 

eligible under former section 244 of the Act, as in effect prior to 

April 1, 1997; must not be subject to any bars to eligibility in former 

section 242B(e) of the Act, as in effect prior to April 1, 1997, or any 

other provisions of law; and must not have been convicted of an 

aggravated felony or be an alien described in former section 

241(a)(4)(D) of the Act, as in effect prior to April 1, 1997 (relating 

to Nazi persecution and genocide).

    (b) General rule. To establish eligibility for suspension of 

deportation under former section 244(a)(1) of the Act, as in effect 

prior to April 1, 1997, an alien must be deportable under any law of the 

United States, except the provisions specified in paragraph (c) of this 

section, and must establish:

    (1) The alien has been physically present in the United States for a 

continuous period of not less than 7 years immediately preceding the 

date the application was filed;

    (2) During all of such period the alien was and is a person of good 

moral character; and

    (3) The alien's deportation would, in the opinion of the Attorney 

General, result in extreme hardship to the alien or to the alien's 

spouse, parent, or child, who is a citizen of the United States or an 

alien lawfully admitted for permanent residence.

    (c) Aliens deportable on criminal or certain other grounds. To 

establish eligibility for suspension of deportation under former section 

244(a)(2) of the Act, as in effect prior to April 1, 1997, an alien who 

is deportable under former section 241(a) (2), (3), or (4) of the Act, 

as in effect prior to April 1, 1997 (relating to criminal activity, 

document fraud, failure to register, and security threats), must 

establish that:

    (1) The alien has been physically present in the United States for a 

continuous period of not less than 10 years immediately following the 

commission of an act, or the assumption of a status constituting a 

ground for deportation;

    (2) The alien has been and is a person of good moral character 

during all of such period; and

    (3) The alien's deportation would, in the opinion of the Attorney 

General, result in exceptional and extremely unusual hardship to the 

alien, or to the alien's spouse, parent, or child, who is a citizen of 

the United States or an alien lawfully admitted for permanent residence.

    (d) Battered spouses and children. To establish eligibility for 

suspension of deportation under former section 244(a)(3) of the Act, as 

in effect prior to April 1, 1997, an alien must be deportable under any 

law of the United States, except under former section 241(a)(1)(G) of 

the Act, as in effect prior to April 1, 1997 (relating to marriage 

fraud), and except under the provisions specified in paragraph (c) of 

this section, and must establish that:

    (1) The alien has been physically present in the United States for a 

continuous period of not less than 3 years immediately preceding the 

date the application was filed;

    (2) The alien has been battered or subjected to extreme cruelty in 

the United States by a spouse or parent who is a United States citizen 

or lawful permanent resident (or is the parent of a child of a United 

States citizen or lawful permanent resident and the child has been 

battered or subjected to extreme cruelty in the United States by such 

citizen or permanent resident parent); and

    (3) During all of such time in the United States the alien was and 

is a person of good moral character; and



[[Page 451]]



    (4) The alien's deportation would, in the opinion of the Attorney 

General, result in extreme hardship to the alien or the alien's parent 

or child.