[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: 8CFR245.12]



[Page 516]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 245_ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT 

RESIDENCE--Table of Contents

 

Sec. 245.12  What are the procedures for certain Polish and Hungarian 

parolees who are adjusting status to that of permanent resident under 

the Illegal Immigration Reform and Immigrant Responsibility Act of 1996?



    (a) How do I apply for adjustment of status under this section? (1) 

Each person applying for adjustment of status, under section 646(b) of 

Public Law 104-208, must file a completed Form I-485, Application to 

Register Permanent Residence or Adjust Status, with the correct filing 

fee, with the Service director having jurisdiction over the applicant's 

place of residence.

    (2) The application must include Form G-325A, Biographic Information 

and the results of the medical examination made according to Sec. 232.1 

of this chapter and Sec. 245.5.

    (3) The application must include evidence to show the applicant was 

a national of Poland or Hungary who, after being denied refugee status, 

was inspected and granted parole into the United States between November 

1, 1989, and December 31, 1991.

    (4) The applicant must have been physically present in the United 

States for at least 1 year before filing a Form I-485.

    (5) After receiving the Form I-485, the adjudicating Service office 

will notify each applicant who is 14 years old or older of the time and 

location for the required fingerprinting.

    (b) How is my application for adjustment of status affected if I 

leave the United States while my application is still pending? The 

departure from the United States by an applicant for adjustment of 

status must be considered an abandonment of the application, as provided 

in Sec. 245.2(a)(4)(ii), unless the applicant was previously granted 

advance parole for such absence, and was reinspected on returning to the 

United States.

    (c) Which grounds for inadmissibility do not apply or can be waived? 

The provisions of section 212(a) (4), (5), and (7)(A) of the Act will 

not apply to adjustment of status under Sec. 245.12. In addition, the 

director may waive any other ground of inadmissibility except section 

212(a)(2)(C) or 212(a)(3)(A), (B), (C), or (E) of the Act, for 

humanitarian purposes, to ensure family unity, or when it is otherwise 

in the public interest.

    (d) If my application for adjustment of status is approved under 

Sec. 245.12, what date will be recorded as my admission to permanent 

residence? On approval of the application for adjustment of status, the 

date of the applicant's admission to permanent resident status will be 

the date of the applicant's inspection and parole, as described in 

paragraph (a) of this section.



[65 FR 20070, Apr. 14, 2000]