Adjustment of Status to That of Person Admitted for Permanent Residence; Temporary Removal of Certain Restrictions of Eligibility

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 103, 212, 217, and 245

[INS No. 1676-94]

RIN 1115-AD83

Adjustment of Status to That of Person Admitted for Permanent

Residence; Temporary Removal of Certain Restrictions of Eligibility

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule will amend the Immigration and

Naturalization Service (Service) regulations to allow certain persons

in the United States to adjust status to that of a lawful permanent

resident before October 1, 1997. These persons, although immediately

eligible for immigrant visa issuance abroad, had been barred from

adjustment of status in the United States because they had committed

certain administrative violations of United States immigration law.

This rule allows prospective lawful permanent residents to avoid the

difficulties and expense of travel to a United States consulate or

embassy abroad. It continues, however, to penalize these violators of

the immigration laws by requiring most applicants to pay an additional

sum in excess of the standard adjustment of status filing fee. After

adjusting status, these persons can lawfully live and work in the

United States and may later become eligible to seek United States

citizenship through naturalization.

DATES: This interim rule is effective October 1, 1994. Written comments

must be received on or before December 6, 1994.

ADDRESSES: Please submit written comments, in triplicate, to the

Director, Policy Directives and Instructions Branch, Immigration and

Naturalization Service, 425 I Street NW., Room 5307, Washington, DC

20536, Attn: Public Comment Clerk. To ensure proper handling, Please

reference the INS number 1676-94 on your correspondence. Comments are

available for public inspection at this location by calling (202) 514-

3048 to arrange an appointment.

FOR FURTHER INFORMATION CONTACT:

Rita A. Arthur, Senior Adjudications Officer, Adjudications Division,

Immigration and Naturalization Service, 425 I Street NW., Room 3214,

Washington, DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION:

Background

The Immigration and Nationality Act (the Act) allows a person who

is neither a citizen nor a national of the United States to live and

work in this country for an unlimited period of time if he or she has

been granted lawful permanent resident status. It also provides for a

grant of lawful permanent resident status on a conditional basis for an

initial two-year period, if the residency is based on a recent marriage

or on alien entrepreneur status, and allows for the removal of the

conditions upon fulfillment of certain requirements.

The Act generally requires a qualified intending immigrant to

obtain an immigrant visa abroad before seeking admission to the United

States for lawful permanent residence. It also allows certain persons

who have not obtained an immigrant visa abroad to adjust status to that

of a lawful permanent resident after arrival in the United States. As

set forth in the Act, most persons seeking adjustment of status must

show that they could qualify for immigrant visa issuance abroad and

must meet certain additional requirements.

An immigrant visa may be issued only at a United States consulate

or embassy abroad. Each prospective immigrant is required to show that

he or she is eligible for immigrant classification and has an

immediately available immigrant visa number through a qualifying family

or employment relationship, or other means. The applicant must also

establish that he or she is not included in any of the classes of

persons who cannot, by law, be admitted to the United States, or that

any basis for inadmissibility has been waived. After the immigrant visa

has been issued, the person may lawfully travel to the United States. A

qualified immigrant visa holder becomes a lawful permanent resident

upon admission to the United States.

An adjustment of status applicant must be physically present in the

United States at the time of application. A person applying under

section 245 of the Act, the most frequently used adjustment of status

provision, must meet the basic requirements for immigrant visa

issuance. Like immigrant visa applicants, the adjustment applicant must

prove that he or she is eligible for immigrant classification and has

an immediately available immigrant visa number through a qualifying

family or employment relationship, or other means. The adjustment

applicant must also show that he or she is not included in any of the

classes of persons who, by law, cannot be admitted to the United

States, or that any basis for inadmissibility has been waived. Section

245(a) of the Act further restricts eligibility for adjustment of

status by prohibiting adjustment unless the applicant entered the

United States after having been inspected and admitted or paroled by an

immigrant officer. Section 245(c) of the Act also bars the adjustment

of most applicants who have been employed in the United States without

authorization; who have not complied with the terms of temporary

nonimmigrant status; or who entered in transit without visa status,

under a visa waiver program, or as crewmen. A qualified adjustment

applicant becomes a lawful permanent resident upon approval of the

adjustment of status application.

The requirements of sections 245(a) and 245(c) of the Act were

established to discourage intending immigrants from moving to the

United States before becoming fully eligible for permanent residence

and bypassing the orderly immigrant visa issuance process abroad. These

requirements have caused many persons who are in the United States to

be unable to adjust status in this country.

Intending immigrants who could not meet the adjustment requirements

have been obliged to leave the country and apply for an immigrant visa

at a United States consulate or embassy abroad. They then were

immediately eligible for admission as lawful permanent residents upon

returning to the United States. By virtue of the requirements of

sections 245(a) and 245(c) of the Act, these persons were putatively

required to leave the United States and United States consuls abroad

have been burdened with immigrant visa issuance that would not

otherwise have been necessary.

Public Law 103-317

Section 506(b) of the Department of Commerce, Justice, State, the

Judiciary and Related Agencies Appropriations Act, 1995, Pub. L. 103-

317, was enacted August 26, 1994. It temporarily lifts many of the

restrictions on adjustment of status under section 245 of the Act on

applications filed on or after October 1, 1994, although it does not

affect persons adjusting under other sections of law. This law adds a

new section 245(i) to the Act, which allows a person who is physically

present in the United States and would otherwise have been eligible for

immigrant visa issuance abroad, to adjust status to that of a lawful

permanent resident under section 245 of the Act. Applicants may be

subject to a financial penalty, since the law requires most persons

seeking adjustment of status under the new law to pay an additional sum

in excess of the standard adjustment of status filing fee. The

provisions of the new section 245(i) of the Act cease to have effect on

October 1, 1997.

Persons Who Remain Ineligible To Adjust Status

Section 245(i) of the Act does not waive all requirements for

adjustment of status under section 245 of the Act. An applicant must be

eligible for immigrant classification and have an immediately available

immigrant visa number through a qualifying family or employment

relationship, or other means. The person must also show that he or she

is not included in any of the classes of persons listed in section 212

of the Act who cannot be admitted to the United States, or must show

that any basis for excludability has been waived.

Section 245(i) of the Act also does not waive several other grounds

of ineligibility for adjustment of status under section 245 of the Act.

An applicant seeking adjustment as an immediate relative of a United

States citizen or as a preference alien, but who is not the beneficiary

of a valid unexpired visa petition, remains ineligible for adjustment.

A person who is currently a lawful permanent resident also continues to

be ineligible for adjustment. An applicant who was admitted to the

United States as a K-1 fiance(e) but did not marry the United States

citizen who filed the petition, or who was admitted as the K-2 child of

a fiance(e) parent who did not marry the United States citizen who

filed the petition, is also barred from adjusting status under section

245 of the Act. A person who is seeking adjustment based on a marriage

entered into while the applicant was under deportation, exclusion, or

related judicial proceedings may not adjust status, unless the person

provides clear and convincing evidence of a bona fide marriage or has

resided outside the United States for two or more years after the

marriage.

Payment of Additional Sum

This temporary adjustment provision continues to encourage

intending immigrants who are abroad to comply with the immigrant visa

issuance requirements, by making adjustment of status under the new

provision much more expensive than immigrant visa issuance abroad. Most

applicants for the new benefit will be required to pay the standard

adjustment of status filing fee, plus an additional sum of five times

the standard filing fee. Thus, persons currently applying for

adjustment of status under the provisions of the new section 245(i) of

the Act must pay the standard filing fee of $130.00, plus an additional

sum of $650.00, for a total of $780.00. Any future modifications of the

standard adjustment of status filing fee will change the amount of the

additional sum, as well as the total cost.

Persons who can meet all the requirements for adjustment of status

under sections 245(a) and 245(c) of the Act will continue to pay only

the standard filing fee (currently $130.00 or $100.00 if less than 14

years of age). Section 245(i) of the Act also exempts certain persons

applying under the new provision from payment of the additional sum. An

unmarried child who is less than 17 years of age when he or she applies

for adjustment of status will be required to pay only the standard

filing fee (currently $130.00, or $100.00 if less than 14 years of

age). The spouse of a legalized alien or the unmarried child under 21

years of age of a legalized alien will also be required to pay only the

standard filing fee (currently $130.00, or $100.00 if less than 14

years of age), if the spouse or child qualifies for and has applied for

voluntary departure under the family unity program established by

section 301(a) of the Immigration Act of 1990.

This additional sum is a penalty dictated by section 245(i) of the

Act; therefore, payment of the additional sum will not be waived,

except as directed in section 245(i) of the Act. Also, fee waivers may

be granted under 8 CFR 103.7(c) only if the applicant substantiates his

or her inability to pay the prescribed fee. Since a person applying for

adjustment of status under section 245 of the Act is required to show

financial resources or income establishing that he or she is not likely

to become a public charge in the United States, a person who can

establish a basis for waiving payment of the additional sum would be

unlikely to be eligible for adjustment of status under section 245 of

the Act. The few adjustment provisions that waive the public charge

exclusion ground for a person seeking adjustment of status under

section 245 of the Act also provide other waivers that eliminate any

need for the applicant to seek the benefits of section 245(i) of the

Act.

Application

Each person applying for adjustment of status under section 245 of

the Act, including a child, must complete Form I-485. Each applicant

must also compile the initial evidence required by that form's

instructions. Supplement A to Form I-485 (Supplement A) may then be

completed to determine whether the applicant must file under section

245(i) of the Act and whether the additional sum must be paid. This

supplementary form asks several questions and provides instructions

that allow the applicant to decide whether he or she must submit

Supplement A and whether an additional sum must be paid.

Each person, including a child, whose eligibility for adjustment of

status is based on the provisions of section 245(i) of the Act must

file Supplement A. The Form I-485 with fee and the Supplement A with

any required additional sum must be filed with the office having

jurisdiction over the applicant's place of residence.

Beginning of Application Period

Section 506(c) of Pub. L. 103-317 states that ``(t)he provisions of

these amendments to the Immigration and Nationality Act shall take

effect on October 1, 1994.'' These amendments to the Act are not

retroactive and cannot be applied to applications for adjustment of

status filed before that date. They also cannot be applied to a motion

to reopen or reconsider an adjustment of status application if the

underlying adjustment application was filed before October 1, 1994. An

intending immigrant is not, however, precluded from obtaining the

benefits of the new law merely because he or she previously sought to

adjust status. If the person meets the requirements for adjustment of

status under the provisions of the new section 245(i) of the Act, he or

she may file a new application for adjustment of status with fee,

accompanied by Supplement A and any required additional sum. The

applicant must show that he or she has an immigrant visa number

immediately available and meets all other applicable requirements of

section 245 of the Act on the date the new application is filed.

End of Application Period

Section 506(c) of Pub. L. 103-317 states that ``(t)he provisions of

these amendments to the immigration and Nationality Act shall * * *

cease to have effect on October 1, 1997.'' Applications for adjustment

of status under section 245(i) of the Act cannot be granted on or after

that date. Prospective adjustment of status applicants who are seeking

the benefits of section 245(i) of the Act must file their applications

sufficiently in advance of October 1, 1997, to ensure that they can be

completed before that date. Application processing times vary by

location, and persons who will be seeking adjustment of status under

the provisions of section 245(i) of the Act during 1997 are encouraged

to file as early in the year as possible. Persons who must file after

June 1997 should contact the office having jurisdiction over their

place of residence for further instructions.

Immediate Availability of Immigrant Visa Number

All applicants for adjustment of status under section 245 of the

Act must have an immediately available immigrant visa number.

``Immediately available'' for the purpose of accepting and processing

the Form I-485 application filed by a preference alien is defined in 8

CFR 245.1(f) as being not later than the date shown in the current

Department of State Bureau of Consular Affairs Visa Bulletin. The

Department of State, however, defines ``immediately available'' as

being earlier than the date shown in the current Visa Bulletin. This

rule amends 8 CFR 245.1(f) to bring the adjustment of status provision

into accordance with the Department of State's definition. It also

changes the name of the Visa Bulletin to reflect its current title.

New Restriction on Immigrant Visa Issuance Abroad

Public Law 103-317 also places a new restriction on the issuance of

immigrant visas abroad before October 1, 1997, which has no effect on

persons seeking adjustment of status in the United States. Section

506(a) of Pub. L. 103-317 adds a new section 212(o) to the Act, which

forbids immigrant visa issuance to certain prospective immigrants,

including children, who have been physically present in the United

States. Prospective immigrants, except certain spouses and children of

legalized aliens, who were not maintaining lawful nonimmigrant status

at the time of departure from the United States, will not be eligible

for immigrant visa issuance within 90 days of departure from the United

States. This new restriction does not apply to the spouse of a

legalized alien or the unmarried child under 21 years of age of a

legalized alien, if the spouse or child qualifies for and has applied

for voluntary departure under the family unity program established by

section 301(a) of the Immigration Act of 1990. The new section 212(o)

of the Act takes effect on October 1, 1994, and ceases to have effect

on October 1, 1997. The Department of State, which has jurisdiction

over immigrant visa issuance at United States consulates and embassies

abroad, will promulgate regulations implementing this provision of Pub.

L. 103-317.

Violent Crime Control and Law Enforcement Act of 1994

The Violent Crime Control and Law Enforcement Act of 1994 (Crime

bill), Pub. L. 103-322, was enacted on September 13, 1994. Section

130003 of the Crime Bill, entitled ``Alien Witness Cooperation and

Counterterrorism Information'' adds a new section 245(i) to the Act.

This provision restricts the adjustment of status of certain persons

admitted to the United States under a newly established ``S''

nonimmigrant classification. Congress clearly did not intend to repeal

or supersede the provisions of the Department of Commerce, Justice,

State, the Judiciary and Related Agencies Appropriations Act, 1995,

Pub. L. 103-317, by adding another section 245(i) to the Act. The

Service regards the establishment of the second section 245(i) of the

Act as a numbering error and will recommend that Congress enact a

technical amendment to redesignate the Crime Bill's provision as

section 245(j) of the Act.

The Service's implementation of this rule as an interim rule, with

provision for post-promulgation public comment, is based on the ``good

cause'' exceptions found at 5 U.S.C. 553 (b)(3)(B), (d)(3); see Animal

Legal Defense Fund v. Quigg, 932 F.2d 920 (Fed. Cir. 1991). The reasons

and necessity for immediate implementation of this interim rule are as

follows:

Early implementation will allow persons in the United States to

apply for adjustment of status to that of a lawful permanent resident

as of the beginning of the statutorily established application period

on October 1, 1994. These persons had been ineligible to adjust status

and had been obliged to incur the expense and inconvenience of applying

for an immigrant visa at a United States embassy or consulate abroad.

Regulatory Flexibility Act

The Commissioner of the Immigration and Naturalization Service, in

accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has

reviewed this regulation and by approving it certifies that the rule

will not have a significant economic impact on a substantial number of

small entities because of the following factors. By temporarily

removing certain restrictions on eligibility for adjustment of status,

the rule will eliminate inconvenience to a number of individuals

currently in the United States who otherwise would have incurred

significant monetary expenses by traveling abroad to apply for an

immigrant visa at a United States consulate or embassy abroad. It will

have no effect on small entities.

Executive Order 12866

This rule is not considered by the Department of Justice,

Immigration and Naturalization Service to be a ``significant regulatory

action'' under Executive Order 12866, Sec. 3(f), Regulatory Planning

and Review, and the Office of Management and Budget has waived its

review process under section 6(a)(3)(A).

Executive Order 12612

The regulations adopted herein will not have substantial direct

effects on the States, on the relationship between the national

government and the States, or on the distribution of power and

responsibilities among the various levels of government. Therefore, in

accordance with Executive Order 12612, it is determined that this rule

does not have sufficient federalism implications to warrant the

preparation of a Federalism Assessment.

Executive Order 12606

The Commissioner of the Immigration and Naturalization Service

certifies that she has assessed this rule in light of the criteria in

Executive Order 12606 and has determined that this regulation would

enhance family well-being by allowing certain family members, who were

formerly precluded from adjusting status, to become lawful permanent

residents of the United States without first having obtained immigrant

visas abroad.

Paperwork Reduction Act

The information collection requirements contained in this rule have

been cleared by the Office of Management and Budget under the

provisions of the Paperwork Reduction Act.

List of Subjects

8 CFR Part 103

Administrative practice and procedure, Authority delegations

(Government agencies), Fees, Forms, Freedom of information, Privacy,

Reporting and recordkeeping requirements, Surety bonds.

8 CFR Part 212

Administrative practice and procedure, Aliens, Immigration,

Passports and visa, Reporting and recordkeeping requirements.

8 CFR Part 217

Administrative practice and procedures, Aliens, Nonimmigrants,

Passports and visas.

8 CFR Part 245

Aliens, Immigration, Reporting and recordkeeping requirements.

Accordingly, chapter I of title 8 of the code of Federal

Regulations is amended as follows:

PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF

SERVICE RECORDS

1. The authority citation for part 103 continues to read as

follows:

Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1201, 1252

note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874,

15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.

2. In Sec. 103.7, paragraph (b)(1) is amended by revising the entry

for Form I-485 to read as follows:

Sec. 103.7 Fees.

* * * * *

(b) * * *

(1) * * *

* * * * *

Form I-485. For filing application for permanent resident status

or creation of a record of lawful permanent residence--$130 for an

applicant 14 years of age or older; $100 for an applicant under the

age of 14 years.

Supplment A to Form I-485. Supplement to Form I-485 for persons

seeking to adjust status under the provisions of section 245(i) of

the Act--$650.00, except that payment of this additional sum is not

required when the applicant is an unmarried child who is less than

17 years of age, or when the applicant is the spouse or the

unmarried child less than 21 years of age of a legalized alien and

is qualified for and has applied for voluntary departure under the

family unity program.

* * * * *

3. In Sec. 103.7, paragraph (c)(1) is amended by adding a sentence

at the end of the paragraph to read as follows:

Sec. 103.7 Fees.

* * * * *

(c) * * *

(1) * * * The payment of the additional sum prescribed by section

245(i) of the Act when applying for adjustment of status under section

245 of the Act may not be waived except as directed in section 245(i)

of the Act.

* * * * *

PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;

ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

4. The authority citation for part 212 continues to read as

follows:

Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225,

1226, 1227, 1228, 1252; and 8 CFR part 2.

5. In Sec. 212.1, paragraph (e)(4)(i) is revised to read as

follows:

Sec. 212.1 Documentary requirements for nonimmigrants.

* * * * *

(e) * * *

(4) * * *

(i) Adjustment of status to that of a temporary resident or, except

under the provisions of section 245(i) of the Act, to that of a lawful

permanent resident;

* * * * *

PART 217--VISA WAIVER PILOT PROGRAM

6. The authority for part 217 continues to read as follows:

Authority: 8 U.S.C. 1103, 1187; 8 CFR part 2.

Sec. 217.3 [Amended]

7. In Sec. 217.3, paragraph (a) is amended in the third sentence by

adding the phrase ``or under the provisions of section 245(i) of the

Act'' immediately after the phrase ``other than as an immediate

relative as defined in section 201(b) of the Act''.

PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR

PERMANENT RESIDENCE

8. The authority citation for part 245 continues to read as

follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1255, and 8 CFR part 2.

9. In Sec. 245.1, the first sentence of paragraph (a) is revised to

read as follows:

Sec. 245.1 Eligibility.

(a) General. Any alien who is physically present in the United

States, except for an alien who is ineligible to apply for adjustment

of status under paragraph (b) or (c) of this section, may apply for

adjustment of status to that of a lawful permanent resident of the

United States if the applicant is eligible to receive an immigrant visa

and an immigrant visa is immediately available at the time of filing of

the application.* * *

* * * * *

10. In Sec. 245.1, paragraph (b) is amended by revising the heading

and introductory text, to read as follows:

Sec. 245.1 Eligibility.

* * * * *

(b) Restricted aliens. The following categories of aliens are

ineligible to apply for adjustment of status to that of a lawful

permanent resident alien under section 245 of the Act, unless the alien

establishes eligibility under the provisions of section 245(i) of the

Act and Sec. 245.10, is not included in the categories of aliens

prohibited from applying for adjustment of status listed in

Sec. 245.1(c), is eligible to receive an immigrant visa, and has an

immigrant visa immediately available at the time of filing the

application for adjustment of status:* * *

* * * * *

11. In Sec. 245.1, paragraphs (c) through (g) are redesignated as

paragraphs (d) through (h), respectively, and a new paragraph (c)

introductory text is added to read as follows:

Sec. 245.1 Eligibility.

* * * * *

(c) Ineligible aliens. The following categories of aliens are

ineligible to apply for adjustment of status to that of a lawful

permanent resident alien under section 245 of the Act:

* * * * *

12. In Sec. 245.1, paragraphs (b)(7) through (b)(10) are

redesignated as paragraphs (c)(1) through (c)(4) respectively; and

paragraphs (b)(12) through (b)(14) are redesignated as paragraphs

(c)(5) through (c)(7) respectively.

13. In Sec. 245.1, paragraph (b)(11) is redesignated as paragraph

(b)(7) and paragraph (b)(15) is redesignated as paragraph (b)(8).

14. In Sec. 245.1, the second sentence of the newly redesignated

paragraph (g) is amended by revising the phrase ``Department of State

Visa Office Bulletin on Availability of Immigrant Visa Numbers'' to

read: ``Department of State Bureau of Consular Affairs Visa Bulletin''.

15. In Sec. 245.1, the third sentence of the newly redesignated

paragraph (g) is amended by revising the phrase ``not later than'' to

read: ``earlier than''.

16. In Sec. 245.2, paragraph (a)(3)(iii) is redesignated as

paragraph (a)(3)(iv), and a new paragraph (a)(3)(iii) is added to read

as follows::

Sec. 245.2 Application.

* * * * *

(a) * * *

(3) * * *

(iii) Under section 245(i). An alien who seeks adjustment of status

under the provisions of section 245(i) of the Act must file Form I-485,

with the required fee. The alien must also file Supplement A to Form I-

485, with any required additional sum.

* * * * *

17. In Sec. 245.2 paragraph (a)(5)(ii) is amended in the last

sentence by revising the reference to ``Sec. 245.1(f)'' to read:

``Sec. 245.1(g)''.

18. A new Sec. 245.10 is added to read as follows:

Sec. 245.10 Adjustment of status upon payment of additional sum under

Public Law 103-317.

(a) Eligibility. Any alien who is included in the categories of

restricted aliens under Sec. 245.1(b) may apply for adjustment of

status under section 245 of the Act if the alien:

(1) Is physically present in the United States;

(2) Is eligible for immigrant classification and has an immigrant

visa number immediately available at the time of filing for adjustment

of status;

(3) Is not excludable from the United States under any provision of

section 212 of the Act, or all grounds for excludability have been

waived;

(4) Properly files Form I-485, Application to Register Permanent

Residence or Adjust Status on or after October 1, 1994, with the fee

required for that application;

(5) Properly files Supplement A to Form I-485 on or after October

1, 1994;

(6) Pay an additional sum of five times the fee required for filing

Form I-485, unless payment of the additional sum is waived under

section 245(i) of the Act; and

(7) Will adjust status under section 245 of the Act to that of a

lawful permanent resident of the United States on or after October 1,

1994, and before October 1, 1997.

(b) Payment of additional sum. An applicant filing under the

provisions of section 245(i) of the Act must pay the standard

adjustment of status filing fee, as shown on Form I-485 and contained

in Sec. 103.7(b)(1) of this chapter. The applicant must also pay an

additional sum of five times the standard filing fee, unless at the

time the application for adjustment of status is filed, the alien is:

(1) Unmarried and less than 17 years of age;

(2) The spouse of a legalized alien, qualifies for and has properly

filed Form I-817, Application for Voluntary Departure under the Family

Unity Program, and submits a copy of his or her receipt or approval

notice for filing Form I-817.

(c) Application period. An application for the adjustment of status

benefits of section 245(i) of the Act may not be filed before October

1, 1994. An application for the adjustment of status benefits of

section 245(i) of the Act cannot be granted on or after October 1,

1997. A prospective applicant who is seeking the benefits of section

245(i) of the Act must file the application sufficiently in advance of

October 1, 1997, to ensure that it may be completed before that date.

(d) Adjustment application filed on or after October 1, 1994,

without Supplement A to Form I-485. An adjustment of status applicant

will be allowed the opportunity to amend an adjustment of status

application filed on or after October 1, 1994, to request consideration

under the provisions of section 245(i) of the Act, if it appears that

the alien is not otherwise ineligible for adjustment of status. The

applicant will be notified in writing of the intent to deny the

adjustment of status application unless Supplement A to Form I-485 and

any required additional sum is filed within thirty days of the date of

the notice.

(e) Applications for Adjustment of Status filed before October 1,

1994. The provisions of section 245(i) of the Act shall not apply to an

application for adjustment of status that was filed before October 1,

1994. The provisions of section 245(i) of the Act shall also not apply

to a motion to reopen or reconsider an application for adjustment of

status if the application for adjustment of status was filed before

October 1, 1994. If otherwise eligible for adjustment of status under

the provisions of section 245(i) of the Act, the alien may file a new

application for adjustment of status, accompanied by the required

filing fee, Supplement A to Form I-485, and any additional sum required

by section 245(i) of the Act.

Dated: September 30, 1994.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

Note: This Supplement will not appear in the Code of Federal

Regulations

Supplement to the preamble--Supplement A to Form I-485.

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