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					                                Immigration and Naturalization Service, Justice                                                       § 245.8

                                may appeal to a Board of Medical Offi-                    ending on September 30, 1990, after
                                cers of the U.S. Public Health Service                    being denied refugee status.
                                as provided in section 234 of the Act                       (c) Eligibility. Benefits under Section
                                and part 235 of this chapter.                             599E of Public Law 101–167 are limited
                                [56 FR 49841, Oct. 2, 1991, as amended at 62 FR           to any alien described in paragraph (b)
                                10384, Mar. 6, 1997; 66 FR 42595, Aug. 14, 2001]          of this section who:
                                                                                            (1) Applies for such adjustment,
                                § 245.6     Interview.                                      (2) Has been physically present in the
                                  Each applicant for adjustment of sta-                   United States for at least one year and
                                tus under this part shall be interviewed                  is physically present in the United
                                by an immigration officer. This inter-                    States on the date the application for
                                view may be waived in the case of a                       such adjustment is filed,
                                child under the age of 14; when the ap-                     (3) Is admissible to the United States
                                plicant is clearly ineligible under sec-                  as an immigrant, except as provided in
                                tion 245(c) of the Act or § 245.1 of this                 paragraph (d) of this section, and
                                chapter; or when it is determined by                        (4) Pays a fee for the processing of
                                the Service that an interview is unnec-                   such application.
                                essary.                                                     (d) Waiver of certain grounds for inad-
                                [57 FR 49375, Nov. 2, 1992]                               missibility. The provisions of paragraphs
                                                                                          (14), (15), (20), (21), (25), (28) (other than
                                § 245.7 Adjustment of status of certain                   subparagraph (F), and (32) of section
                                    Soviet and Indochinese parolees                       212(a) of the Act shall not apply to ad-
                                    under the Foreign Operations Ap-                      justment under this section. The At-
                                    propriations Act for Fiscal Year                      torney General may waive any other
                                    1990 (Pub. L. 101–167).                               provision of section 212(a) (other than
                                  (a) Application. Each person applying                   paragraph (23)(B), (27), (29), or (33)) with
                                for benefits under section 599E of Pub-                   respect to such an adjustment for hu-
                                lic Law 101–167 (103 Stat. 1195, 1263)                    manitarian purposes, to assure family
                                must file Form I–485, Application to                      unity, or when it is otherwise in the
                                Register Permanent Residence or Ad-                       public interest.
                                just Status, with the director having                       (e) Date of approval. Upon approval of
                                jurisdiction over the applicant’s place                   such an application for adjustment of
                                of residence and must pay the appro-                      status, the Attorney General shall cre-
                                priate filing and fingerprinting fee, as                  ate a record of the alien’s admission as
                                prescribed in § 103.7 of this chapter.                    a lawful permanent resident as of the
                                Each application shall be accompanied                     date of the alien’s inspection and pa-
                                by Form I–643, Health and Human                           role described in paragraph (b)(2) of
                                Services Statistical Data for Refugee/                    this section.
                                Asylee Adjusting Status, and the re-
                                                                                            (f) No offset in number of visas avail-
                                sults of a medical examination given in
                                                                                          able. When an alien is granted the sta-
                                accordance with § 245.8. In addition, if
                                                                                          tus of having been lawfully admitted
                                the applicant has reached his or her
                                14th birthday but is not over 79 years of                 for permanent residence under this sec-
                                age, the application shall be accom-                      tion, the Secretary of State shall not
                                panied by a completed Form G–325A,                        be required to reduce the number of
                                Biographic Information, and the appli-                    immigrant visas authorized to be
                                cant shall be fingerprinted on Form                       issued under the Immigration and Na-
                                FD–258, Applicant Card, as prescribed                     tionality Act.
                                in § 103.2(e) of this chapter.                            [55 FR 24860, July 19, 1990. Redesingated at 56
                                  (b) Aliens eligible to apply for adjust-                FR 49841, Oct. 2, 1991, as amended at 59 FR
                                ment. The benefits of this section shall                  33905, July 1, 1994; 63 FR 12987, Mar. 17, 1998]
                                only apply to an alien who:
                                  (1) Was a national of the Soviet                        § 245.8 Adjustment of status as a spe-
                                Union, Vietnam, Laos, or Cambodia,                            cial   immigrant     under section
                                and                                                           101(a)(27)(K) of the Act.
                                  (2) Was inspected and granted parole                      (a) Application. Each person applying
                                into the United States during the pe-                     for adjustment of status as a special
                                riod beginning on August 15, 1988, and                    immigrant under section 101(a)(27)(K)

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                                § 245.9                                                                  8 CFR Ch. I (1–1–03 Edition)

                                of the Act must file a Form I–485, Ap-                    plication or Petition, with the office
                                plication to Register Permanent Resi-                     which approved the original applica-
                                dence or Adjust Status, with the direc-                   tion.
                                tor having jurisdiction over the appli-                     (e) Removal provisions of section 237 of
                                cant’s place of residence. Benefits                       the Act. If the Service is made aware by
                                under this section are limited to aliens                  notification from the appropriate exec-
                                who have served honorably (or are en-                     utive department or by any other
                                listed to serve) in the Armed Forces of                   means that a section 101(a)(27)(K) spe-
                                the United States for at least 12 years,                  cial immigrant who has already been
                                and their spouses and children. For                       granted permanent residence fails to
                                purposes of this section, special immi-                   complete his or her total active duty
                                grants described in section 101(a)(27)(K)                 service obligation for reasons other
                                of the Act and his or her spouse and                      than an honorable discharge, the alien
                                children shall be deemed to have been                     may become subject to the removal
                                paroled into the United States pursu-                     provisions of section 237 of the Act,
                                ant to section 245(g) of the Act. Each                    provided the alien is in one or more of
                                applicant must file a separate applica-                   the classes of deportable aliens speci-
                                tion with the appropriate fee.                            fied in section 237 of the Act. The Serv-
                                  (b) Eligibility. The benefits of this sec-              ice shall obtain a current Form DD–214,
                                tion shall apply only to an alien de-                     Certificate of Release or Discharge
                                scribed in section 101(a)(27)(K) of the                   from Active Duty, from the appro-
                                Act who applies for such adjustment.                      priate    executive     department     for
                                The accompanying spouse or child of                       verification of the alien’s failure to
                                an applicant for adjustment of status                     maintain eligibility.
                                who benefits from Public Law 102–110                        (f) Rescission proceedings under section
                                may also apply for adjustment of sta-                     246 of the Act. If the Service determines
                                tus. The provisions of section 245(c) of                  that a military special immigrant
                                the Act do not apply to the principal                     under section 101(a)(27)(K) of the Act
                                Armed Forces special immigrant or to                      was not in fact eligible for adjustment
                                his or her spouse or child.                               of status, the Service may pursue re-
                                  (c) Interview of the applicant. Upon                    scission proceedings under section 246
                                completion of the adjustment of status                    of the Act.
                                interview for a special immigrant
                                under section 101(a)(27)(K) of the Act,                   [57 FR 33862, July 31, 1992, as amended at 58
                                the director shall make a prima facie                     FR 50836, Sept. 29, 1993; 62 FR 10384, Mar. 6,
                                determination regarding eligibility for                   1997]
                                naturalization benefits if the applicant
                                is to be granted status as an alien law-                  § 245.9 Adjustment of status of certain
                                                                                              nationals of the People’s Republic
                                fully admitted for permanent resi-                            of China under Public Law 102–404.
                                dence. If the director determines that
                                the applicant is immediately eligible                       (a) Principal applicant status. All na-
                                for naturalization under section 328 or                   tionals of the People’s Republic of
                                329 of the Act, the director shall advise                 China who qualify under the provisions
                                the applicant that he or she is eligible                  of paragraph (b) of this section may
                                to apply for naturalization on Form N–                    apply for adjustment of status as prin-
                                400, Application to File Petition for                     cipals in their own right, regardless of
                                Naturalization. If the applicant wishes                   age or marital status. Nationals of
                                to apply for naturalization, the direc-                   other countries who meet the require-
                                tor shall instruct the applicant con-                     ments of paragraphs (b) and (c) of this
                                cerning the requirements for natu-                        section may apply for adjustment of
                                ralization and provide him or her with                    status as qualified family members.
                                the necessary forms.                                        (b) Aliens eligible to apply for adjust-
                                  (d) Spouse or child outside the United                  ment. An alien is eligible to apply for
                                States. When a spouse or child of an                      adjustment of status under the provi-
                                alien granted special immigrant status                    sions of Public Law 102–404, if the alien:
                                under section 101(a)(27)(K) of the Act is                   (1) Is a national of the People’s Re-
                                outside the United States, the prin-                      public of China or a qualified family
                                cipal alien may file Form I–824, Appli-                   member of an eligible national of the
                                cation for Action on an Approved Ap-                      People’s Republic of China;

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