[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: 8CFR264.2]



[Page 623-625]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 264_REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED STATES

--Table of Contents

 

Sec. 264.2  Application for creation of record of permanent residence.



    (a) Jurisdiction. An applicant who believes that he/she is eligible 

for presumption of lawful admission for permanent residence under Sec. 

101.1 or Sec. 101.2 of this chapter or for lawful permanent residence 

as a person born in the United States to a foreign diplomatic officer 

under Sec. 101.3 of this chapter shall submit his/her application for 

creation of a record of lawful permanent residence to the Service office 

having jurisdiction over the applicant's place of residence in the 

United States. The applicant must be physically present in the United 

States at the time of submission of his/her application.

    (b) Applicant under eighteen years old. If the applicant is under 

eighteen years



[[Page 624]]



old, the applicant's parent or legal guardian shall prepare and sign the 

application in the applicant's behalf.

    (c) Filing application--(1) Presumption of lawful admission for 

permanent residence. An applicant who believes that he/she is eligible 

for presumption of lawful admission for permanent residence under Sec. 

101.1 or Sec. 101.2 of this chapter shall submit the following:

    (i) A completed Form I-485, with the fee required in 8 CFR 

103.7(b)(1) and any initial evidence required on the application form 

and in this section.

    (ii) Form G-325A, Biographic Information.

    (iii) [Reserved]

    (iv) A list of all the applicant's arrivals in and departures from 

the United States.

    (v) A statement signed by the applicant indicating the basis of the 

applicant's claim to presumption of lawful admission for permanent 

residence.

    (vi) Documentary evidence substantiating the applicant's claim to 

presumption of lawful admission for permanent residence, including proof 

of continuous residence in the United States.

    (vii) Two photographs prepared in accordance with the specifications 

outlined in the instructions on the application form. The immigration 

officer to whom the application is submitted, however, may waive the 

photographs for just cause.

    (2) Lawful permanent residence as a person born in the United States 

under diplomatic status. An applicant who believes that he/she is 

eligible for lawful permanent residence as a person born in the United 

States to a foreign diplomatic officer under Sec. 101.3 of this chapter 

shall submit the following:

    (i) A completed Form I-485, with the fee required in 8 CFR 

103.7(b)(1) and any initial evidence required in this application form 

and in this section.

    (ii) Form G-325A, Biographic Information.

    (iii) [Reserved]

    (iv) The applicant's birth certificate.

    (v) An executed Form I-508, Waiver of Rights, Privileges, 

Exemptions, and Immunities.

    (vi) Official confirmation of the diplomatic classification and 

occupational title of the applicant's parent(s) at the time of the 

applicant's birth.

    (vii) A list of all the applicant's arrivals in and departures from 

the United States.

    (viii) Proof of continuous residence in the United States.

    (ix) Two photographs prepared in accordance with the specifications 

outlined in the instructions on the application form. The immigration 

officer to whom the application is submitted, however, may waive the 

photographs for just cause.

    (3) Applicant under fourteen years old. An applicant under fourteen 

years old shall not submit Form G-325A, Biographic Information.

    (d) Fingerprinting. After filing an application, each applicant 14 

years of age or older shall be fingerprinted on Form FD-258, Applicant 

Card, as prescribed in Sec. 103.2(e) of this chapter.

    (e) Personal appearance. Each applicant, including an applicant 

under eighteen years of age, must submit his/her application in person. 

This requirement may be waived at the discretion of the immigration 

officer to whom the application is submitted because of confinement of 

age, physical infirmity, illiteracy, or other compelling reason.

    (f) Interview. The applicant may be required to appear in person 

before an immigration officer prior to adjudication of the application 

to be interviewed under oath concerning his/her eligibility for creation 

of a record of lawful permanent residence.

    (g) Decision. The decision regarding creation of a record of lawful 

permanent residence for an alien eligible for presumption of lawful 

admission for permanent residence or for a person born in the United 

States to a foreign diplomatic officer will be made by the district 

director having jurisdiction over the applicant's place of residence.

    (h) Date of record of lawful permanent residence--(1) Presumption of 

lawful admission for permanent residence. If the application is granted, 

the applicant's permanent residence will be recorded as of the date of 

the applicant's arrival in the United States under the conditions which 

caused him/her to be eligible for presumption of lawful admission for 

permanent residence.



[[Page 625]]



    (2) Lawful permanent residence as a person born in the United States 

under diplomatic status. If the application is granted, the applicant's 

permanent residence will be recorded as of his/her date of birth.

    (i) Denied application. If the application is denied, the decision 

may not be appealed.



(Secs. 101(a)(20), 103, 262, 264 of the Immigration and Nationality Act, 

as amended; 8 U.S.C. 1101(a)(20), 1103, 1302, 1304)



[47 FR 941, Jan. 8, 1982, as amended at 58 FR 48779, Sept. 20, 1993; 63 

FR 12987, Mar. 17, 1998]