[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.21]



[Page 594-595]

 

                     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.21  Confidentiality.



    (a) No person other than a sworn officer or employee of the 

Department of Justice or bureau or agency thereof, will be permitted to 

examine individual applications. For purposes of this part, any 

individual employed under contract by the Service to work in connection 

with the LIFE Legalization provisions shall be considered an employee of 

the Department of Justice or bureau or agency thereof.

    (b) No information furnished pursuant to an application for 

permanent resident status under this Subpart B shall be used for any 

purpose except:



[[Page 595]]



    (1) To make a determination on the application;

    (2) For the enforcement of the provisions encompassed in section 

245A(c)(6) of the Act, except as provided in paragraphs (c) of this 

section; or

    (3) For the purposes of rescinding, pursuant to section 246(a) of 

the Act (8 U.S.C. 1256(a)), any adjustment of status obtained by the 

alien.

    (c) If a determination is made by the Service that the alien has, in 

connection with his or her application, engaged in fraud or willful 

misrepresentation or concealment of a material fact, knowingly provided 

a false statement or document in making his or her application, 

knowingly made a false statement or representation, or engaged in any 

other activity prohibited by section 245A(c)(6) of the Act, the Service 

shall refer the matter to the United States Attorney for prosecution of 

the alien and/or of any person who created or supplied a false statement 

or document for use in an application for adjustment of status under 

this Subpart B.

    (d) Information contained in granted files may be used by the 

Service at a later date to make a decision:

    (1) On an immigrant visa petition or other status filed by the 

applicant under section 204(a) of the Act;

    (2) On a naturalization application submitted by the applicant;

    (3) For the preparation of reports to Congress under section 404 of 

the Immigration Reform and Control Act of 1986; or

    (4) For the furnishing of information, at the discretion of the 

Attorney General, in the same manner and circumstances as census 

information may be disclosed by the Secretary of Commerce under 13 

U.S.C. 8.

    (e) Information concerning whether the applicant has at any time 

been convicted of a crime may be used or released for immigration 

enforcement or law enforcement purposes.