[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: 8CFR245.7]



[Page 504-505]

 

                     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. 245.7  Adjustment of status of certain Soviet and Indochinese 

parolees under the Foreign Operations Appropriations Act for Fiscal 

Year 1990 (Pub. L. 101-167).



    (a) Application. Each person applying for benefits under section 

599E of Public Law 101-167 (103 Stat. 1195, 1263) must file Form I-485, 

Application to Register Permanent Residence or Adjust Status, with the 

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

must pay the appropriate filing and fingerprinting fee, as prescribed in 

Sec. 103.7 of this chapter. Each application shall be accompanied by 

Form I-643, Health and Human Services Statistical Data for Refugee/

Asylee Adjusting Status, and the results of a medical examination given 

in accordance with Sec. 245.8. In addition, if the applicant has 

reached his or her 14th birthday but is not over 79 years of age, the 

application shall be accompanied by a completed Form G-325A, Biographic 

Information, and the applicant shall be fingerprinted on Form FD-258, 

Applicant Card, as prescribed in Sec. 103.2(e) of this chapter.

    (b) Aliens eligible to apply for adjustment. The benefits of this 

section shall only apply to an alien who:

    (1) Was a national of the Soviet Union, Vietnam, Laos, or Cambodia, 

and

    (2) Was inspected and granted parole into the United States during 

the period beginning on August 15, 1988, and ending on September 30, 

1990, after being denied refugee status.

    (c) Eligibility. Benefits under Section 599E of Public Law 101-167 

are limited to any alien described in paragraph (b) of this section who:

    (1) Applies for such adjustment,

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

one year and is physically present in the United States on the date the 

application for such adjustment is filed,

    (3) Is admissible to the United States as an immigrant, except as 

provided in paragraph (d) of this section, and

    (4) Pays a fee for the processing of such application.



[[Page 505]]



    (d) Waiver of certain grounds for inadmissibility. The provisions of 

paragraphs (14), (15), (20), (21), (25), (28) (other than subparagraph 

(F), and (32) of section 212(a) of the Act shall not apply to adjustment 

under this section. The Attorney General may waive any other provision 

of section 212(a) (other than paragraph (23)(B), (27), (29), or (33)) 

with respect to such an adjustment for humanitarian purposes, to assure 

family unity, or when it is otherwise in the public interest.

    (e) Date of approval. Upon approval of such an application for 

adjustment of status, the Attorney General shall create a record of the 

alien's admission as a lawful permanent resident as of the date of the 

alien's inspection and parole described in paragraph (b)(2) of this 

section.

    (f) No offset in number of visas available. When an alien is granted 

the status of having been lawfully admitted for permanent residence 

under this section, the Secretary of State shall not be required to 

reduce the number of immigrant visas authorized to be issued under the 

Immigration and Nationality Act.



[55 FR 24860, July 19, 1990. Redesingated at 56 FR 49841, Oct. 2, 1991, 

as amended at 59 FR 33905, July 1, 1994; 63 FR 12987, Mar. 17, 1998]