[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: 8CFR245a.10]



[Page 583-584]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 245a_ADJUSTMENT OF STATUS TO THAT OF PERSONS ADMITTED FOR LAWFUL 

TEMPORARY OR PERMANENT RESIDENT STATUS UNDER SECTION 245A OF THE 

IMMIGRATION AND NATIONALITY ACT--Table of Contents

 

   Subpart B_Legal Immigration Family Equity (LIFE) Act Legalization 

                               Provisions

 

Sec. 245a.10  Definitions.



    Source: 66 FR 29673, June 1, 2001, unless otherwise noted.





    In this Subpart B, the terms:

    Eligible alien means an alien (including a spouse or child as 

defined at section 101(b)(1) of the Act of the alien who was such as of 

the date the alien alleges that he or she attempted to file or was 

discouraged from filing an application for legalization during the 

original application period) who, before October 1, 2000, filed with the 

Attorney General a written claim for class membership, with or without 

filing fee, pursuant to a court order issued in the case of:

    (1) Catholic Social Services, Inc. v. Meese, vacated sub nom. Reno 

v. Catholic Social Services, Inc., 509 U.S. 43 (1993) (CSS);

    (2) League of United Latin American Citizens v. INS, vacated sub 

nom. Reno v. Catholic Social Services, Inc., 509 U.S. 43 (1993) (LULAC); 

or

    (3) Zambrano v. INS, vacated, 509 U.S. 918 (1993) (Zambrano).

    Lawful Permanent Resident (LPR) means the status of having been 

lawfully accorded the privilege of residing permanently in the United 

States as an immigrant in accordance with the immigration laws, such 

status not having changed.

    LIFE Act means the Legal Immigration Family Equity Act and the LIFE 

Act Amendments of 2000.

    LIFE Legalization means the provisions of section 1104 of the LIFE 

Act and section 1503 of the LIFE Act Amendments.

    Prima facie means eligibility is established if an ``eligible 

alien'' presents a properly filed and completed Form I-485 and specific 

factual information which in the absence of rebuttal will establish a 

claim of eligibility under this Subpart B.

    Written claim for class membership means a filing, in writing, in 

one of the forms listed in Sec. 245a.14 that provides the Attorney 

General with notice that



[[Page 584]]



the applicant meets the class definition in the cases of CSS, LULAC or 

Zambrano.



[66 FR 29673, June 1, 2001, as amended at 67 38350, June 4, 2002; 67 FR 

66532, Nov. 1, 2002]