[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.12]



[Page 584-586]

 

                     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.12  Filing and applications.



    (a) When to file. The application period began on June 1, 2001, and 

ends on June 4, 2003. To benefit from the provisions of LIFE 

Legalization, an alien must properly file an application for adjustment 

of status, Form I-485, with appropriate fee, to the Service during the 

application period as described in this section. All applications, 

whether filed in the United States or filed from abroad, must be 

postmarked on or before June 4, 2003, to be considered timely filed.

    (1) If the postmark is illegible or missing, and the application was 

mailed from within the United States, the Service will consider the 

application to be timely filed if it is received on or before June 9, 

2003.

    (2) If the postmark is illegible or missing, and the application was 

mailed from outside the United States, the Service will consider the 

application to be timely filed if it is received on or before June 18, 

2003.

    (3) If the postmark is made by other than the United States Post 

Office, and is filed from within the United States, the application must 

bear a date on or before June 4, 2003, and must be received on or before 

June 9, 2003.

    (4) If an application filed from within the United States bears a 

postmark that was made by other than the United States Post Office, 

bears a date on or before June 4, 2003, and is received after June 9, 

2003, the alien must establish:

    (i) That the application was actually deposited in the mail before 

the last collection of the mail from the place of deposit that was 

postmarked by the United States Post Office June 4, 2003; and

    (ii) That the delay in receiving the application was due to a delay 

in the transmission of the mail; and

    (iii) The cause of such delay.

    (5) If an application filed from within the United States bears both 

a postmark that was made by other than the United States Post Office and 

a postmark that was made by the United States Post Office, the Service 

shall disregard the postmark that was made by other than the United 

States Post Office.

    (6) If an application filed from abroad bears both a foreign 

postmark and a postmark that was subsequently made by the United States 

Post Office, the Service shall disregard the postmark that was made by 

the United States Post Office.

    (7) In all instances, the burden of proof is on the applicant to 

establish timely filing of an application for LIFE Legalization.



[[Page 585]]



    (b) Filing of applications in the United States. The Service has 

jurisdiction over all applications for the benefits of LIFE Legalization 

under this Subpart B. All applications filed with the Service for the 

benefits of LIFE Legalization must be submitted by mail to the Service. 

After proper filing of the application, the Service will instruct the 

applicant to appear for fingerprinting as prescribed in Sec. 103.2(e) 

of this chapter. The Director of the Missouri Service Center shall have 

jurisdiction over all applications filed with the Service for LIFE 

Legalization adjustment of status, unless the Director refers the 

applicant for a personal interview at a local Service office as provided 

in Sec. 245a.19.

    (1) Aliens in exclusion, deportation, or removal proceedings, or who 

have a pending motion to reopen or motion to reconsider. An alien who is 

prima facie eligible for adjustment of status under LIFE Legalization 

who is in exclusion, deportation, or removal proceedings before the 

Immigration Court or the Board of Immigration Appeals (Board), or who is 

awaiting adjudication of a motion to reopen or motion to reconsider 

filed with the Immigration Court of the Board, may request that the 

proceedings be administratively closed or that the motion filed be 

indefinitely continued, in order to allow the alien to pursue a LIFE 

Legalization application with the Service. In the request to 

administratively close the matter or indefinitely continue the motion, 

the alien must include documents demonstrating prima facie eligibility 

for the relief, and proof that the application for relief had been 

properly filed with the Service as prescribed in this section. With the 

concurrence of Service counsel, if the alien appears eligible to file 

for relief under LIFE Legalization, the Immigration Court or the Board, 

whichever has jurisdiction, shall administratively close the proceeding 

or continue the motion indefinitely.

    (2) If an alien has a matter before the Immigration Court or the 

Board that has been administratively closed for reasons unrelated to 

this Subpart B, the alien may apply before the Service for LIFE 

Legalization adjustment of status.

    (3) Aliens with final orders of exclusion, deportation, or removal. 

An alien, who is prima facie eligible for adjustment of status under 

LIFE Legalization, and who is subject to a final order of exclusion, 

deportation, or removal, may apply to the Service for LIFE Legalization 

adjustment.

    (c) Filing of applications from outside the United States. An 

applicant for LIFE Legalization may file an application for LIFE 

Legalization from abroad. An application for LIFE Legalization filed 

from outside the United States shall be submitted by mail to the Service 

according to the instructions on the application. The Missouri Service 

Center Director shall have jurisdiction over all applications filed with 

the Service for LIFE Legalization adjustment of status. After reviewing 

the application and all evidence with the application, the Service shall 

notify the applicant of any further requests for evidence regarding the 

application and, if eligible, how an interview will be conducted.

    (d) Application and supporting documentation. Each applicant for 

LIFE Legalization adjustment of status must file Form I-485. An 

applicant should complete Part 2 of Form I-485 by checking box ``h--

other'' and writing ``LIFE Legalization'' next to that block. Each 

application must be accompanied by:

    (1) The Form I-485 application fee as contained in 8 CFR 

103.7(b)(1).

    (2) The fee for fingerprinting as contained in 8 CFR 103.7(b)(1), if 

the applicant is between the ages of 14 and 79.

    (3) Evidence to establish identity, such as a passport, birth 

certificate, any national identity document from the alien's country of 

origin bearing photo and fingerprint, driver's license or similar 

document issued by a state if it contains a photo, or baptismal record/

marriage certificate.

    (4) A completed Form G-325A, Biographic Information Sheet, if the 

applicant is between the ages of 14 and 79.

    (5) A report of medical examination, as specified in Sec. 245.5 of 

this chapter.

    (6) Two photographs, as described in the instructions to Form I-485.

    (7) Proof of application for class membership in CSS, LULAC, or 

Zambrano class action lawsuits as described in Sec. 245a.14.



[[Page 586]]



    (8) Proof of continuous residence in an unlawful status since prior 

to January 1, 1982, through May 4, 1988, as described in Sec. 245a.15.

    (9) Proof of continuous physical presence from November 6, 1986, 

through May 4, 1988, as described in Sec. 245a.16.

    (10) Proof of citizenship skills as described in Sec. 245a.17. This 

proof may be submitted either at the time of filing the application, 

subsequent to filing the application but prior to the interview, or at 

the time of the interview.

    (e) Burden of proof. An alien applying for adjustment of status 

under this part has the burden of proving by a preponderance of the 

evidence that he or she has resided in the United States for the 

requisite periods, is admissible to the United States under the 

provisions of section 212(a) of the Act, and is otherwise eligible for 

adjustment of status under this Subpart B. The inference to be drawn 

from the documentation provided shall depend on the extent of the 

documentation, its credibility and amenability to verification as set 

forth in paragraph (f) of this section.

    (f) Evidence. The sufficiency of all evidence produced by the 

applicant will be judged according to its probative value and 

credibility. To meet his or her burden of proof, an applicant must 

provide evidence of eligibility apart from his or her own testimony. In 

judging the probative value and credibility of the evidence submitted, 

greater weight will be given to the submission of original 

documentation. Subject to verification by the Service, if the evidence 

required to be submitted by the applicant is already contained in the 

Service's file or databases relating to the applicant, the applicant may 

submit a statement to that effect in lieu of the actual documentation.



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