[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: 8CFR240.68]



[Page 452]

 

                     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. 240.68  Failure to appear at an interview before an asylum officer 

or failure to follow requirements for fingerprinting.



    (a) Failure to appear for a scheduled interview without prior 

authorization may result in dismissal of the application or waiver of 

the right to an adjudication by an asylum officer. A written request to 

reschedule will be granted if it is an initial request and is received 

by the Asylum Office at least 2 days before the scheduled interview 

date. All other requests to reschedule the interview, including those 

submitted after the interview date, will be granted only if the 

applicant has a reasonable excuse for not appearing, and the excuse was 

received by the Asylum Office in writing within a reasonable time after 

the scheduled interview date.

    (b) Failure to comply with fingerprint processing requirements 

without reasonable excuse may result in dismissal of the application or 

waiver of the right to an adjudication by an asylum officer.

    (c) Failure to appear shall be excused if the notice of the 

interview or fingerprint appointment was not mailed to the applicant's 

current address and such address had been provided to the Office of 

International Affairs by the applicant prior to the date of mailing in 

accordance with section 265 of the Act and Service regulations, unless 

the asylum officer determines that the applicant received reasonable 

notice of the interview or fingerprinting appointment.



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