[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.6]



[Page 583]

 

                     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 A_Immigration Reform and Control Act of 1986 (IRCA) Legalization 

                               Provisions

 

Sec. 245a.6  Treatment of denied application under part 245a, Subpart B.



    If the district director finds that an eligible alien as defined at 

Sec. 245a.10 has not established eligibility under section 1104 of the 

LIFE Act (part 245a, Subpart B), the district director shall consider 

whether the eligible alien has established eligibility for adjustment to 

temporary resident status under section 245A of the Act, as in effect 

before enactment of section 1104 of the LIFE Act (part 245a, Subpart A). 

In such an adjudication using this Subpart A, the district director will 

deem the ``date of filing the application'' to be the date the eligible 

alien establishes that he or she was ``front-desked'' or that, though he 

or she took concrete steps to apply, the front-desking policy was a 

substantial cause of his or her failure to apply. If the eligible alien 

has established eligibility for adjustment to temporary resident status, 

the LIFE Legalization application shall be deemed converted to an 

application for temporary residence under this Subpart A.



[67 FR 38350, June 4, 2002]