(a) Application. Each person applying for benefits under section 599E of Public Law 101-167, 103 Stat. 1195, 1263, must file an application on the form prescribed by USCIS with the fee prescribed in 8 CFR 103.7(b)(1) and in accordance with the form instructions.
Terms Used In 8 CFR 245.7
- Act: means the Immigration and Nationality Act, as amended by The Immigration Reform and Control Act of 1986. See 8 CFR 245a.1
- Application: means benefit request. See 8 CFR 1.2
- Attorney: means any person who is eligible to practice law in, and is a member in good standing of the bar of, the highest court of any State, possession, territory, or Commonwealth of the United States, or of the District of Columbia, and is not under any order suspending, enjoining, restraining, disbarring, or otherwise restricting him or her in the practice of law. See 8 CFR 1.2
- Form: when used in connection with a benefit or other request to be filed with DHS to request an immigration benefit, means a device for the collection of information in a standard format that may be submitted in paper format or in an electronic format as prescribed by USCIS on its official Internet Web site. See 8 CFR 1.2
- Form instructions: means instructions on how to complete and where to file a benefit request, supporting evidence or fees, or any other required or preferred document or instrument with a DHS immigration component. See 8 CFR 1.2
- Lawfully admitted for permanent residence: means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed. See 8 CFR 1.2
- USCIS: means U. See 8 CFR 1.2
(b) Aliens eligible to apply for adjustment. The benefits of this section shall only apply to an alien who:
(1) Was a national of the Soviet Union, Vietnam, Laos, or Cambodia, and
(2) Was inspected and granted parole into the United States during the period beginning on August 15, 1988, and ending on September 30, 1990, after being denied refugee status.
(c) Eligibility. Benefits under Section 599E of Public Law 101-167 are limited to any alien described in paragraph (b) of this section who:
(1) Applies for such adjustment,
(2) Has been physically present in the United States for at least one year and is physically present in the United States on the date the application for such adjustment is filed,
(3) Is admissible to the United States as an immigrant, except as provided in paragraph (d) of this section, and
(4) Pays a fee for the processing of such application.
(d) Waiver of certain grounds for inadmissibility. The provisions of paragraphs (14), (15), (20), (21), (25), (28) (other than subparagraph (F), and (32) of section 212(a) of the Act shall not apply to adjustment under this section. The Attorney General may waive any other provision of section 212(a) (other than paragraph (23)(B), (27), (29), or (33)) with respect to such an adjustment for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.
(e) Date of approval. Upon approval of such an application for adjustment of status, the Attorney General shall create a record of the alien’s admission as a lawful permanent resident as of the date of the alien’s inspection and parole described in paragraph (b)(2) of this section.
(f) No offset in number of visas available. When an alien is granted the status of having been lawfully admitted for permanent residence under this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under the Immigration and Nationality Act.
[55 FR 24860, July 19, 1990. Redesignated at 56 FR 49841, Oct. 2, 1991, as amended at 59 FR 33905, July 1, 1994; 63 FR 12987, Mar. 17, 1998; 74 FR 26940, June 5, 2009; 76 FR 53792, Aug. 29, 2011]