[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.16]



[Page 590]

 

                     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.16  Continuous physical presence from November 6, 1986, 

through May 4, 1988.



    (a) The Service will determine whether an alien was continuously 

physically present in the United States from November 6, 1986, through 

May 4, 1988, based on the evidence provided by the alien. An alien must 

provide with the application evidence establishing his or her continuous 

physical presence in the United States from November 6, 1986, through 

May 4, 1988. Evidence establishing the alien's continuous physical 

presence in the United States from November 6, 1986, to May 4, 1988, may 

consist of any documentation issued by any governmental or 

nongovernmental authority, provided such evidence bears the name of the 

applicant, was dated at the time it was issued, and bears the signature, 

seal, or other authenticating instrument of the authorized 

representative of the issuing authority, if the document would normally 

contain such authenticating instrument.

    (b) For purposes of this section, an alien shall not be considered 

to have failed to maintain continuous physical presence in the United 

States by virtue of brief, casual, and innocent absences from the United 

States. Also, brief, casual, and innocent absences from the United 

States are not limited to absences with advance parole. Brief, casual, 

and innocent absence(s) as used in this paragraph means temporary, 

occasional trips abroad as long as the purpose of the absence from the 

United States was consistent with the policies reflected in the 

immigration laws of the United States.

    (c) An alien who has been absent from the United States in 

accordance with the Service's advance parole procedures shall not be 

considered as having interrupted his or her continuous physical presence 

as required at the time of filing an application under this section.



[66 FR 29673, June 1, 2001, as amended at 67 38351, June 4, 2002]