[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.17]



[Page 590-591]

 

                     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.17  Citizenship skills.



    (a) Requirements. Applicants for adjustment under LIFE Legalization 

must meet the requirements of section 312(a) of the Act (8 U.S.C. 

1423(a)) (relating to minimal understanding of ordinary English and a 

knowledge and understanding of the history and government of the United 

States). Unless an exception under paragraph (c) of this section applies 

to the applicant, LIFE Legalization applicants must establish that:

    (1) He or she has complied with the same requirements as those 

listed for naturalization applicants under Sec. Sec. 312.1 and 312.2 of 

this chapter; or



[[Page 591]]



    (2) He or she has a high school diploma or general educational 

development diploma (GED) from a school in the United States. A GED 

gained in a language other than English is acceptable only if a GED 

English proficiency test has been passed. (The curriculum for both the 

high school diploma and the GED must have included at least 40 hours of 

instruction in English and United States history and government). The 

applicant may submit a high school diploma or GED either at the time of 

filing Form I-485, subsequent to filing the application but prior to the 

interview, or at the time of the interview (the applicant's name and A-

number must appear on any such evidence submitted); or

    (3) He or she has attended, or is attending, a state recognized, 

accredited learning institution in the United States, and that 

institution certifies such attendance. The course of study at such 

learning institution must be for a period of one academic year (or the 

equivalent thereof according to the standards of the learning 

institution) and the curriculum must include at least 40 hours of 

instruction in English and United States history and government. The 

applicant may submit certification on letterhead stationery from a state 

recognized, accredited learning institution either at the time of filing 

Form I-485, subsequent to filing the application but prior to the 

interview, or at the time of the interview (the applicant's name and A-

number must appear on any such evidence submitted).

    (b) Second interview. An applicant who fails to pass the English 

literacy and/or the United States history and government tests at the 

time of the interview, shall be afforded a second opportunity after 6 

months (or earlier, at the request of the applicant) to pass the tests 

or submit evidence as described in paragraphs (a)(2) or (a)(3) of this 

section. The second interview shall be conducted prior to the denial of 

the application for permanent residence and may be based solely on the 

failure to pass the basic citizenship skills requirements.

    (c) Exceptions. LIFE Legalization applicants are exempt from the 

requirements listed under paragraph (a)(1) of this section if he or she 

has qualified for the same exceptions as those listed for naturalization 

applicants under Sec. Sec. 312.1(b)(3) and 312.2(b) of this chapter. 

Further, at the discretion of the Attorney General, the requirements 

listed under paragraph (a) of this section may be waived if the LIFE 

Legalization applicant:

    (1) Is 65 years of age or older on the date of filing; or

    (2) Is developmentally disabled as defined under Sec. 245a.1(v).



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