[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: 8CFR249.2]

[Page 613-614]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 249_CREATION OF RECORDS OF LAWFUL ADMISSION FOR PERMANENT 
 
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 614]]

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]