[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: 8CFR245.3]



[Page 503]

 

                     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. 245.3  Adjustment of status under section 13 of the Act of 

September 11, 1957, as amended.



    Any application for benefits under section 13 of the Act of 

September 11, 1957, as amended, must be filed on Form I-485 with the 

director having jurisdiction over the applicant's place of residence. 

The benefits under section 13 are limited to aliens who were admitted 

into the United States under section 101, paragraphs (a)(15)(A)(i), 

(a)(15)(A)(ii), (a)(15)(G)(i), or (a)(15)(G)(ii) of the Immigration and 

Nationality Act who performed diplomatic or semi-diplomatic duties and 

to their immediate families, and who establish that there are compelling 

reasons why the applicant or the member of the applicant's immediate 

family is unable to return to the country represented by the government 

which accredited the applicant and that adjustment of the applicant's 

status to that of an alien lawfully admitted for permanent residence 

would be in the national interest. Aliens whose duties were of a 

custodial, clerical, or menial nature, and members of their immediate 

families, are not eligible for benefits under section 13. In view of the 

annual limitation of 50 on the number of aliens whose status may be 

adjusted under section 13, any alien who is prima facie eligible for 

adjustment of status to that of a lawful permanent resident under 

another provision of law shall be advised to apply for adjustment 

pursuant to such other provision of law. An applicant for the benefits 

of section 13 shall not be subject to the labor certification 

requirement of section 212(a)(14) of the Immigration and Nationality 

Act. The applicant shall be notified of the decision and, if the 

application is denied, of the reasons for the denial and of the right to 

appeal under the provisions of part 103 of this chapter. Any 

applications pending with the Service before December 29, 1981 must be 

resubmitted to comply with the requirements of this section.



(Secs. 103, 245, of the Immigration and Nationality Act, as amended; 71 

Stat. 642, as amended, sec. 17, Pub. L. 97-116, 95 Stat. 1619 (8 U.S.C. 

1103, 1255, 1255b))



[47 FR 44238, Oct. 7, 1982, as amended at 59 FR 33905, July 1, 1994]



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