Law Offices of Rajiv S. Khanna, P.C.
5225 Wilson Blvd
Arlington, VA 22205 USA Ph: (703) 908-4800
Arlington, VA 22205 USA Ph: (703) 908-4800
6 Byers Street
Staunton, VA 24401 USA Ph: (540) 886-6321
Staunton, VA 24401 USA Ph: (540) 886-6321
Table of Contents
245.3 Adjustment of status under section 13 of the Act of September 11,
1957, as amended.
245.4 Documentary requirements.
245.5 Medical examination.
245.7 Adjustment of status of certain Soviet and Indochinese parolees
under the Foreign Operations Appropriations Act for Fiscal
Year 1990 (Pub. L. 101-167).
245.8 Adjustment of status as a special immigrant under section
101(a)(27)(K) of the Act.
245.9 Adjustment of status of certain nationals of the People's Republic
of China under Public Law 102-404.
245.10 Adjustment of status upon payment of additional sum under Public
245.11 Adjustment of aliens in S nonimmigrant classification.
245.12 What are the procedures for certain Polish and Hungarian parolees
who are adjusting status to that of permanent resident under
the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996?
245.13 Adjustment of status of certain nationals of Nicaragua and Cuba
under Public Law 105-100.
245.15 Adjustment of status of certain Haitian nationals under the
Haitian Refugee Immigrant Fairness Act of 1998 (HRIFA).
245.18 How can physicians (with approved Forms I-140) that are serving
in medically underserved areas or at a Veterans Affairs
facility adjust status?
245.20 Adjustment of status of Syrian asylees under Public Law 106-378.
245.21 Adjustment of status of certain nationals of Vietnam, Cambodia,
and Laos (section 586 of Public Law 106-429).
245.22 Evidence to demonstrate an alien's physical presence in the
United States on a specific date.
(a) Application and approval .
(1) Subject to the restrictions contained in sections 208(d) and 236(a) of the Act, an applicant for asylum who is not an aggravated felon shall be eligible pursuant to 274a.12(c)(8) and 274a.13(a) of this chapter to submit a Form I-765, Application for Employment Authorization. Except in the case of an alien whose asylum application has been recommended for approval, or in the case of an alien who filed an asylum application prior to January 4, 1995, the application shall be submitted no earlier than 150 days after the date on which a complete asylum application submitted in accordance with 208.3 and 208.4 has been received. In the case of an applicant whose asylum application has been recommended for approval, the applicant may apply for employment authorization when he or she receives notice of the recommended approval. If an asylum application has been returned as incomplete in accordance with 208.3(c)(3), the 150-day period will commence upon receipt by the Service of a complete asylum applica tion. An applicant whose asylum application has been denied by an asylum officer or by an immigration judge within the 150-day period shall not be eligible to apply for employment authorization. If an asylum application is denied prior to a decision on the application for employment authorization, the application for employment authorization shall be denied. If the asylum application is not so denied, the Service shall have 30 days from the date of filing of the Form I-765 to grant or deny that applicati on, except that no employment authorization shall be issued to an asylum applicant prior to the expiration of the 180-day period following the filing of the asylum application filed on or after April 1, 1997.
(2) The time periods within which the alien may not apply for employment authorization and within which the Service must respond to any such application and within which the asylum application must be adjudicated pursuant to section 208(d)(5)(A)(iii) of the Act shall begin when the alien has filed a complete asylum application in accordance with 208.3 and 208.4. Any delay requested or caused by the applicant shall not be counted as part of these time periods, including delays caused by failure without good cause to follow the requirements for fingerprint processing. Such time periods shall also be extended by the equivalent of the time between issuance of a request for evidence pursuant to 103.2(b)(8) of this chapter and the receipt of the applicant's response to such request. (Revised effective 3/29/98; 63 FR 12979)
(3) The provisions of paragraphs (a)(1) and (a)(2) of this section apply to applications for asylum filed on or after January 4, 1995.
(4) Employment authorization pursuant to 274a.12(c)(8) of this chapter may not be granted to an alien who fails to appear for a scheduled interview before an asylum officer or a hearing before an immigration judge, unless the applicant demonstrates that the failure to appear was the result of exceptional circumstances.
(b) Renewal and termination . Employment authorization shall be renewable, in increments to be determined by the Commissioner, for the continuous period of time necessary for the asylum officer or immigration judge to decide the asylum application and, if necessary, for completion of any administrative or judicial review.
(1) If the asylum application is denied by the asylum officer, the employment authorization shall terminate at the expiration of the employment authorization document or 60 days after the denial of asylum, whichever is longer.
(2) If the application is denied by the immigration judge, the Board of Immigration Appeals, or a Federal court, the employment authorization terminates upon the expiration of the employment authorization document, unless the applicant has filed an appropriate request for administrative or judicial review.
(c) Supporting evidence for renewal of employment authorization . In order for employment authorization to be renewed under this section, the alien must provide the Service (in accordance with the instructions on or attached to the employment authorization application) with a Form I-765, the required fee (unless waived in accordance with 103.7(c) of this chapter), and (if applicable) proof that he or she has continued to pursue his or her asylum application before an immigration judge or sought administrative or judicial review. For purposes of employment authorizat ion, pursuit of an asylum application is established by presenting to the Service one of the following, depending on the stage of the alien's immigration proceedings:
(1) If the alien's case is pending in proceedings before the immigration judge, and the alien wishes to continue to pursue his or her asylum application, a copy of any asylum denial, referral notice, or charging document placing the alien in such proceedings;
(2) If the immigration judge has denied asylum, a copy of the document issued by the Board of Immigration Appeals to show that a timely appeal has been filed from a denial of the asylum application by the immigration judge; or
(3) If the Board of Immigration Appeals has dismissed the alien's appeal of a denial of asylum, or sustained an appeal by the Service of a grant of asylum, a copy of the petition for judicial review or for habeas corpus pursuant to section 242 of the Act, date stamped by the appropriate court.
(d) In order for employment authorization to be renewed before its expiration, the application for renewal must be received by the Service 90 days prior to expiration of the employment authorization.
§ Sec. 223.1 Purpose of documents.
(a) Reentry permit . A reentry permit allows a permanent resident to apply for admission to the United States upon return from abroad during the period of the permit's validity without the necessity of obtaining a returning resident visa.
(b) Refugee travel document . A refugee travel document is issued pursuant to this part and article 28 of the United Nations Convention of July 29, 1951, for the purpose of travel. Except as provided in § 223.3(d)(2)(i) , a person who holds refugee status pursuant to section 207 of the Act, or asylum status pursuant to section 208 of the Act, must have a refugee travel document to return to the United States after temporary travel abroad unless he or she is in possession of a valid advance parole document. (Revised effective 4/1/97; 62 FR 10312
§ Sec. 223.2 Processing.
(a) General . An application for a reentry permit, refugee travel document, or advance parole document must be filed on Form I-131, with the fee required in § 103.7 of this chapter and with the initial evidence required on the application form.
(b) Eligibility .
(1) Reentry permit . Except as otherwise provided in this section, an application may be approved if filed by a person who is in the United States at the time of application and is a lawful permanent resident or conditional permanent resident.
(2) Refugee travel document .
(i) General . Except as otherwise provided in this section, an application may be approved if filed by a person who is in the United States at the time of application, and either holds valid refugee status under section 207 of the Act, valid asylum status under section 208 of the Act, or is a permanent resident and received such status as a direct result of his or her asylum or refugee status. (Paragraph (b)(2) revised effective 4/1/97; 62 FR 10312 )
(ii) Discretionary authority to adjudicate an application from an alien not within the United States. As a matter of discretion, a district director having jurisdiction over a port-of-entry or a preinspection station where an alien is an applicant for admission, or an overseas district director having jurisdiction over the place where an alien is physically present, may accept and adjudicate an application for a refugee travel document from an alien who previously had been admitted to the United States as a r efugee, or who previously had been granted asylum status in the United States, and who had departed from the United States without having applied for such refugee travel document, provided:
(A) The alien submits a Form I-131, Application for Travel Document, with the fee required under § 103.7(b)(1) of this chapter;
(B) The district director is satisfied that the alien did not intend to abandon his or her refugee status at the time of departure from the United States;
(C) The alien did not engage in any activities while outside the United States that would be inconsistent with continued refugee or asylee status; and
(D) The alien has been outside the United States for less than 1 year since his or her last departure.
(1) Prior document still valid. An application for a reentry permit or refugee travel document shall be denied if the applicant was previously issued a reentry permit or refugee travel document which is still valid, unless it was returned to the Service or it is demonstrated that it was lost.
(2) Extended absences. A reentry permit issued to a person who, since becoming a permanent resident, or during the last 5 years, whichever is less, has been outside the United States for more than 4 years in the aggregate, shall be limited to a validity of one year, except that a permit with a validity of two years may be issued to:
(i) A permanent resident as defined in 8 CFR 211.1(b)(1) (ii) or 211.1(b)(4);
(ii) A permanent resident employed by a public international organization of which the United States is a member by treaty or statute, and his or her permanent resident spouse and children; or
(iii) A permanent resident who is a professional athlete who regularly competes in the United States and worldwide.
(3) Permanent resident entitled to nonimmigrant diplomatic or treaty status. A permanent resident entitled to nonimmigrant status under Section 101(a)(15)(A) , (E), or (G) of the Act because of occupational status may only be issued a reentry permit if the applicant executes and submits with the application, or has previously executed and submitted, a written waiver on Form I-508 required by Section 247(b) of the Act and Part 247 of this chapter and, if applicable, Form I-508F (election as to tax exemption under the Convention between the United States and the French Republic) required by Part 247 of this chapter.
(d) Effect of travel before a decision is made. Departure from the United States before a decision is made on an application for a reentry permit or refugee travel document shall not affect the application.
(e) Processing. Approval of an application is solely at the discretion of the Service. If the application is approved, the requested document shall be issued as provided in this part.
(f) Issuance. A reentry permit or refugee travel document may be sent in care of a United States Consulate or an overseas office of the Service if the applicant so requests at the time of filing. Issuance of a reentry permit or refugee travel document to a person in exclusion or deportation proceedings shall not affect those proceedings.
(g) Appeal. Denial of an application for a reentry permit or refugee travel document may be appealed to the Service's Administrative Appeals Unit.
§ Sec. 223.3 Validity and effect on admissibility.
(a) Validity .
(1) Reentry permit . Except as provided in § 223.2(c)(2) , a reentry permit issued to a permanent resident shall be valid for 2 years from the date of issuance. A reentry permit issued to a conditional permanent resident shall be valid for 2 years from the date of issuance, or to the date the conditional permanent resident must apply for removal of the conditions on his or her status, whichever comes first.
(2) Refugee travel document . A refugee travel document shall be valid for 1 year, or to the date the refugee or asylee status expires, whichever comes first.
(b) Invalidation . A document issued under this part is invalid if obtained through material false representation or concealment, or if the person is ordered excluded or deported. A refugee travel document is also invalid if the United Nations Convention of July 28, 1951, ceases to apply or does not apply to the person as provided in Article 1C, D, E, or F of the convention.
(c) Extension . A reentry permit or refugee travel document may not be extended.
(d) Effect on admissibility .
(1) Reentry permit. A permanent resident or conditional permanent resident in possession of a valid reentry permit who is otherwise admissible shall not be deemed to have abandoned status based solely on the duration of an absence or absences while the permit is valid.
(2) Refugee travel document.
(i) Inspection and immigration status. Upon arrival in the United States, an alien who presents a valid unexpired refugee travel document, or who has been allowed to file an application for a refugee travel document and this application has been approved under the procedure set forth in § 223.2(b)(2)(ii) , shall be examined as to his or her admissibility under the Act. An alien shall be accorded the immigration status endorsed in his or her refugee travel document, or (in the case of an alien discussed in § 223.2(b)(2)(ii)) which will be endorsed in such document, unless he or she is no longer eligible for that status, or he or she applies for and is found eligible for some other immigration status.
(ii) Inadmissibility. If an alien who presents a valid unexpired refugee travel document appears to the examining immigration officer to be inadmissible, he or she shall be referred for proceedings under section 240 of the Act. Section 235(c) of the Act shall not be applicable.
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