[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.19]



[Page 593]

 

                     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.19  Interviews.



    (a) All aliens filing applications for adjustment of status with the 

Service under this section must be personally interviewed, except that 

the adjudicative interview may be waived for a child under the age of 

14, or when it is impractical because of the health or advanced age of 

the applicant. Applicants will be interviewed by an immigration officer 

as determined by the Director of the Missouri Service Center. An 

applicant failing to appear for the scheduled interview may, for good 

cause, be afforded another interview. Where an applicant fails to appear 

for two scheduled interviews, his or her application shall be denied for 

lack of prosecution. Applications for LIFE Legalization adjustment may 

be denied without interview if the applicant is determined to be 

statutorily ineligible.

    (b) At the time of the interview, wherever possible, original 

documents must be submitted except the following: official government 

records; employment or employment-related records maintained by 

employers, unions, or collective bargaining organizations; medical 

records; school records maintained by a school or school board; or other 

records maintained by a party other than the applicant. Copies of 

records maintained by parties other than the applicant which are 

submitted in evidence must be certified as true and correct by such 

parties and must bear their seal or signature or the signature and title 

of persons authorized to act in their behalf.

    (c) If at the time of the interview the return of original documents 

is desired by the applicant, they must be accompanied by notarized 

copies or copies certified true and correct by the alien's 

representative. At the discretion of the district director, original 

documents, even if accompanied by certified copies, may be temporarily 

retained for forensic examination by the Service.