[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: 8CFR264.2]

[Page 631-633]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 264_REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED 
 
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 632]]

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 633]]

    (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]