[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: 8CFR249.2]



[Page 605-606]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 249_CREATION OF RECORDS OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE

--Table of Contents

 

Sec. 249.2  Application.



    (a) Jurisdiction. An application by an alien, other than an arriving 

alien, who has been served with a notice to appear or warrant of arrest 

shall be considered only in proceedings under 8 CFR part 240. In any 

other case, an alien who believes he or she meets the eligibility 

requirements of section 249 of the Act shall apply to the district 

director having jurisdiction over his or her place of residence. The 

application shall be made on Form I-485 and shall be accompanied by Form 

G-325A, which shall be considered part of the application. The 

application shall also be accompanied by documentary evidence 

establishing continuous residence in the United States since prior to 

January 1, 1972, or since entry and prior to July 1, 1924. All documents 

must be submitted in accordance with Sec. 103.2(b) of this chapter. 

Documentary evidence may include any records of official or personal 

transactions or recordings of events occurring during the period of 

claimed residence. Affidavits of credible witnesses may also be 

accepted. Persons unemployed and unable to furnish evidence in their own 

names may furnish evidence in the names of parents or other persons with 

whom they have been living, if affidavits of the parents or other 

persons are submitted attesting to the residence. The numerical 

limitations of sections 201 and 202 of the Act shall not apply.

    (b) Decision. The applicant shall be notified of the decision and, 

if the application is denied, of the reasons therefor. If the 

application is granted, a Form I-551, showing that the applicant has 

acquired the status of an alien lawfully admitted for permanent 

residence, shall not be issued until the applicant surrenders any other 

document in his or her possession evidencing compliance with the alien 

registration requirements of former or existing law. No appeal shall lie 

from the denial of an application by the district director.



[[Page 606]]



However, an alien, other than an arriving alien, may renew the denied 

application in proceedings under 8 CFR part 240.



[52 FR 6322, Mar. 3, 1987, as amended at 62 FR 10386, Mar. 6, 1997]