[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.33]



[Page 596]

 

                     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 C_LIFE Act Amendments Family Unity Provisions

 

Sec. 245a.33  Filing.



    (a) General. An application for Family Unity benefits under section 

1504 of the LIFE Act Amendments must be filed on a Form I-817, 

Application for Family Unity Benefits, with the Missouri Service Center. 

A Form I-817 must be filed with the correct fee required in Sec. 

103.7(b)(1) of this chapter and the required supporting documentation. A 

separate application with appropriate fee and documentation must be 

filed for each person claiming eligibility.

    (b) Decision. The Missouri Service Center Director has sole 

jurisdiction to adjudicate an application for Family Unity benefits 

under the LIFE Act Amendments. If the Service finds that additional 

evidence is required from the alien in order to properly adjudicate the 

application, the Service shall request such evidence from the alien in 

writing. The Director will provide the applicant with specific reasons 

for any decision to deny an application. Denial of an application may 

not be appealed. An applicant who believes that the grounds for denial 

have been overcome may submit another application with the appropriate 

fee and documentation.

    (c) Referral of denied cases for consideration of issuance of notice 

to appear. If an application is denied, the case will be referred to the 

district director with jurisdiction over the alien's place of residence 

for consideration of whether to issue a notice to appear. After an 

initial denial, an applicant's case will not be referred for issuance of 

a notice to appear until 90 days from the date of the initial denial, to 

allow the alien the opportunity to file a new Form I-817 application in 

order to attempt to overcome the basis of the denial. However, if the 

applicant is found not to be eligible for benefits under Sec. 

245a.32(a), the Service reserves the right to issue a notice to appear 

at any time after the initial denial.