[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.37]



[Page 597-598]

 

                     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.37  Termination of Family Unity Program benefits.



    (a) Grounds for termination. The Service may terminate Family Unity 

benefits under the LIFE Act Amendments whenever the necessity for the 

termination comes to the attention of the Service. Such grounds will 

exist in situations including, but not limited to, those in which:

    (1) A determination is made that Family Unity benefits were acquired 

as the result of fraud or willful misrepresentation of a material fact;

    (2) The beneficiary commits an act or acts which render him or her 

ineligible for Family Unity benefits under the LIFE Act Amendments;

    (3) The alien, upon whose status Family Unity benefits under the 

LIFE Act were based, fails to apply for LIFE Legalization by June 4, 

2003, has his or



[[Page 598]]



her LIFE Legalization application denied, or loses his or her LPR 

status; or

    (4) A qualifying relationship to the alien, upon whose status Family 

Unity benefits under the LIFE Act Amendments were based, no longer 

exists.

    (b) Notice procedure. Notice of intent to terminate and of the 

grounds thereof shall be served pursuant to the provisions of Sec. 

103.5a of this chapter. The alien shall be given 30 days to respond to 

the notice and may submit to the Service additional evidence in 

rebuttal. Any final decision of termination shall also be served 

pursuant to the provisions of Sec. 103.5a of this chapter. Nothing in 

this section shall preclude the Service from commencing removal 

proceedings prior to termination of Family Unity benefits.

    (c) Effect of termination. Termination of Family Unity benefits 

under the LIFE Act Amendments shall render the alien amenable to removal 

under any ground specified in section 237 of the Act (including those 

grounds described in Sec. 245a.34(a)). In addition, the alien will no 

longer be considered to be in a period of stay authorized by the 

Attorney General as of the date of such termination.



[66 FR 29673, June 1, 2001, as amended at 67 FR 38352, June 4, 2002]