[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: 8CFR245.20]



[Page 540-541]

 

                     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. 245.20  Adjustment of status of Syrian asylees under Public Law 

106-378.



    (a) Eligibility. An alien is eligible to apply to adjust status 

under Public Law 106-378 if the alien is:

    (1) A Jewish national of Syria;

    (2) Arrived in the United States after December 31, 1991, after 

being permitted by the Syrian Government to depart from Syria;

    (3) Is physically present in the United States at the time of filing 

the application to adjust status;

    (4) Applies for adjustment of status no later than October 26, 2001, 

or has a pending application for adjustment of status under the Act that 

was filed with the Service before October 27, 2000;

    (5) Has been physically present in the United States for at least 1 

year after being granted asylum;

    (6) Has not firmly resettled in any foreign country; and

    (7) Is admissible as an immigrant under the Act at the time of 

examination for adjustment.

    (b) Qualified family members. The spouse, child, or unmarried son or 

daughter of an alien eligible for adjustment under Public Law 106-378 is 

eligible to apply for adjustment of status under this section if the 

alien meets the criteria set forth in paragraphs (a)(4) through (a)(7) 

of this section.

    (c) Grounds not to be applied and waivers. The grounds of 

inadmissibility found at section 212(a)(4) of the Act, relating to 

public charge, and at section 212(a)(7)(A) of the Act, relating to 

documentation, do not apply to applicants for adjustment of status under 

Public Law 106-378. Applicants may also request the waivers found at 

sections 212(h), (i), and (k) of the Act, to the extent they are 

eligible.

    (d) Application.--(1) New applications. An applicant must submit 

From I-485, Application to Register Permanent Residence or Adjust 

Status, along with the appropriate application fee as stated in Sec. 

103.7(b)(1) of this chapter, to the Nebraska Service Center. The 

application must physically be received by the Nebraska Service Center 

no later than close of business on October 26, 2001. Applicants 14 years 

of age or older must also submit the fingerprinting service fee provided 

for in Sec. 103.7(b)(1) of this chapter. Each application filed must be 

accompanied by two photographs as described in the Form I-485 

instructions; a completed Biographic Information Sheet (Form G-325A) if 

the applicant is between 14 and 79 years of age; and a report of medical 

examination (Form I-693 and vaccination supplement) as specified in 8 

CFR 245.5. On Form I-485, Part 2, question ``h'', applicants must write 

``SYRIAN ASYLEE--P.L. 106-378'' to indicate that they are applying based 

on this provision.

    (2) Filing of requests to change the basis of a pending Form I-485--

(i) Request. An eligible Syrian national with a Form I-485 that is 

currently pending with the Service may request that the basis of his or 

her Form I-485 be changed to Public Law 106-378. The alien must submit 

this request in writing to the Nebraska Service Center. The request may 

only be granted if the 2,000 adjustment limit specified in paragraph (i) 

of this section has not yet been reached. The 2,000 adjustment limit 

includes both new and pending Form I-485 petitions. The applicant should 

clearly annotate ``SYRIAN ASYLEE P.L. 106-378'' on the envelope to 

identify the correspondence.

    (ii) Time limit. If the Form I-485 was filed before October 27, 

2000, there is no



[[Page 541]]



time limit for requesting a change of basis for adjustment of status. 

However, if the Form I-485 was filed on or after October 27, 2001, then 

the Service must receive the request for change of basis no later than 

October 27, 2001.

    (e) Evidence. Applicants must submit evidence that demonstrates they 

are eligible for adjustment of status under Public Law 106-378. Required 

evidence includes the following:

    (1) A copy of the alien's passport;

    (2) A copy of the applicant's Arrival-Departure Record (Form I-94) 

or other evidence of inspection and admission or parole into the United 

States after December 31, 1991;

    (3) Documentation including, but not limited to, those listed at 

Sec. 245.15(j)(2) to establish physical presence in the United States 

for at least 1 year after being granted asylum;

    (4) If the applicant is the spouse of a principal alien applying for 

adjustment, he or she must submit a marriage certificate, if available, 

or other evidence to demonstrate the marriage; and

    (5) If the applicant is the child of a principal alien applying for 

adjustment of status, he or she must submit a birth certificate, if 

available, or other evidence to demonstrate the relationship.

    (f) Employment authorization. Applicants who want to obtain 

employment authorization based on a pending application for adjustment 

of status under Public Law 106-378 may submit Form I-765, Application 

for Employment Authorization, along with the application fee listed in 

Sec. 103.7(b)(1) of this chapter. If the Service approves the 

application for employment authorization, the applicant will be issued 

an employment authorization document.

    (g) Travel while an application to adjust status is pending. 

Applicants who wish to travel abroad and re-enter the United States 

while an application for adjustment of status is pending without being 

considered to have abandoned that application must obtain advance parole 

prior to departing the United States. To obtain advance parole, 

applicants must file Form I-131, Application for a Travel Document, 

along with the application fee listed in Sec. 103.7(b)(1) of this 

chapter. If the Service approves Form I-131, the alien will be issued 

Form I-512, Authorization for the Parole of an Alien into the United 

States.

    (h) Approval and date of admission as a lawful permanent resident. 

When the Service approves an application to adjust status to that of 

lawful permanent resident based on Public Law 106-378, the applicant 

will be notified in writing of the Service's decision. In addition, the 

record of the alien's admission as a lawful permanent resident will be 

recorded as of the date 1 year before the approval of the application.

    (i) Number of adjustments under Public Law 106-378. No more than 

2,000 aliens may have their status adjusted to that of lawful permanent 

resident under Public Law 106-378.

    (j) Notice of Denial--(1) General. When the Service denies an 

application to adjust status to that of lawful permanent resident based 

on Public Law 106-378, the applicant will be notified of the decision 

and the reason for the denial in writing.

    (2) Cases involving requests to change the basis of a pending Form 

I-485. If an applicant who requested that a pending Form I-485, be 

considered under Public Law 106-378, is found to be ineligible under 

Public Law 106-378, but he or she appears eligible for adjustment under 

the original section of the Act under which the Form I-485 was filed, 

the Service will provide the applicant with notice of this fact. 

Processing the Form I-485 under the original provision of law will 

resume as appropriate.

    (k) Administrative review. An alien whose application for adjustment 

of status under Public Law 106-378 is denied by the Service may not 

appeal the decision. However, the denial will be without prejudice to 

the alien's right to renew the application in proceedings under 8 CFR 

part 240 provided that the 2,000 statutory limit on such adjustments has 

not yet been reached.



[66 FR 27448, May 17, 2001]