[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR209.1]

[Page 168-169]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 209_ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM--
 
Sec.  209.1  Adjustment of status of refugees.

    The provisions of this section shall provide the sole and exclusive 
procedure for adjustment of status by a refugee admitted under section 
207 of the Act whose application is based on his or her refugee status.
    (a) Eligibility. (1) Every alien in the United States who is 
classified as a refugee under part 207 of this chapter, whose status has 
not been terminated, is required to apply to the Service 1 year after 
entry in order for the Service to determine his or her admissibility 
under section 212 of the Act.
    (2) Every alien processed by the Immigration and Naturalization 
Service abroad and paroled into the United States as a refugee after 
April 1, 1980, and before May 18, 1980, shall be considered as having 
entered the United States as a refugee under section 207(a) of the Act.
    (b) Application. Upon admission to the United States, every refugee 
entrant shall be notified of the requirement to submit an application 
for permanent residence 1 year after entry. An application for the 
benefits of section 209(a) of the Act shall be filed on Form I-485, 
without fee, with the director of the appropriate Service office 
identified in the instructions which accompany the Form I-485. A 
separate application must be filed by each alien. Every applicant who is 
14 years of age or older must submit a completed Form G-325A 
(Biographical Information) with the Form I-485 application. Following 
submission of the Form I-485 application, a refugee entrant who is 14 
years of age or older will be required to execute a Form FD-258 
(Applicant Fingerprint Card) at such time and place as the Service will 
designate.
    (c) Medical examination. A refugee seeking adjustment of status 
under section 209(a) of the Act is not required to repeat the medical 
examination performed under Sec.  207.2(c), unless there were medical 
grounds of inadmissibility applicable at the time of admission. The 
refugee is, however, required to establish compliance with the 
vaccination requirements described under section 212(a)(1)(A)(ii) of the 
Act, by submitting with the adjustment of status application a 
vaccination supplement, completed by a designated civil surgeon in the 
United States.
    (d) Interview. The Service director having jurisdiction over the 
application will determine, on a case-by-case basis, whether an 
interview by an immigration officer is necessary to determine the 
applicant's admissibility for permanent resident status under this part.
    (e) Decision. The director will notify the applicant in writing of 
the decision of his or her application for admission to permanent 
residence. If the applicant is determined to be inadmissible or no 
longer a refugee, the director will deny the application and notify the 
applicant of the reasons for the denial. The director will, in the same 
denial notice, inform the applicant of his or

[[Page 169]]

her right to renew the request for permanent residence in removal 
proceedings under section 240 of the Act. There is no appeal of the 
denial of an application by the director, but such denial will be 
without prejudice to the alien's right to renew the application in 
removal proceedings under part 240 of this chapter. If the applicant is 
found to be admissible for permanent residence under section 209(a) of 
the Act, the director will approve the application and admit the 
applicant for lawful permanent residence as of the date of the alien's 
arrival in the United States. An alien admitted for lawful permanent 
residence will be issued Form I-551, Alien Registration Receipt Card.

[63 FR 30109, June 3, 1998]