PART 210—SPECIAL AGRICULTURAL WORKERS Authority: 8 U.S.C. 1103, 1160, 8 CFR part 2. Source: 53 FR 10064, Mar. 29, 1988, unless otherwise noted. § 210.1 Definition of terms used in this part. (a) Act. (b) ADIT. Alien Documentation, Identification and Telecommunications card, Form I-89. (c) Application period. (d) Complete application. (e) Determination process. (f) Family unity. family unity (g) Group 1. (h) Group 2. (i) Legalization Office. (j) Man-day. man-day (k) Nonfrivolous application. (1) Evidence or information which shows on its face that the applicant is admissible to the United States or, if inadmissible, that the applicable grounds of excludability may be waived under the provisions of section 210(c)(2)(i) of the Act, (2) Evidence or information which shows on its face that the applicant performed at least 90 man-days of qualifying employment in seasonal agricultural services during the twelve-month period from May 1, 1985 through May 1, 1986, and (3) Documentation which establishes a reasonable inference of the performance of the seasonal agricultural services claimed by the applicant. (l) Overseas processing office. (m) Preliminary application. (n) Public cash assistance. (o) Qualified designated entity. (p) Qualifying agricultural employment. (q) Regional processing facility. (r) Service. (s) Special agricultural worker. [53 FR 10064, Mar. 29, 1988, as amended at 54 FR 50339, Dec. 6, 1989; 63 FR 70315, Dec. 21, 1998] § 210.2 Application for temporary resident status. (a)(1) Application for temporary resident status. (2) Application for Group 1 status. (3) Numerical limitations. (b) Filing date of application General. (2) [Reserved] (c) Filing of application General. (2) Applications in the United States. (ii) All fees for applications filed in the United States, other than those within the provisions of § 210.2(c)(4), must be submitted in the exact amount in the form of a money order, cashier's check, or bank check made payable to the Immigration and Naturalization Service. No personal checks or currency will be accepted. Fees will not be waived or refunded under any circumstances. (iii) In the case of an application filed at a legalization office, including an application received from a qualified designated entity, the district director may, at his or her discretion, require filing either by mail or in person, or may permit filing in either manner. (iv) Each applicant, regardless of age, must appear at the appropriate Service legalization office and must be fingerprinted for the purpose of issuance of Form I-688A. Each applicant shall be interviewed by an immigration officer, except that the interview may be waived when it is impractical because of the health of the applicant. (3) Filing at overseas processing offices. (ii) Every applicant must appear at the appropriate overseas processing office to be interviewed by a consular officer. The overseas processing office will inform each applicant of the date and time of the interview. At the time of the interview every applicant shall submit the required fee. (iii) All fees for applications submitted to an overseas processing office shall be submitted in United States currency, or in the currency of the country in which the overseas processing office is located. Fees will not be waived or refunded under any circumstances. (iv) An applicant at an overseas processing office whose application is recommended for approval shall be provided with an entry document attached to the applicant's file. Upon admission to the United States, the applicant shall proceed to a legalization office for presentation or completion of Form FD-258 (Fingerprint Card), presentation of the applicant's file and issuance of the employment authorization Form I-688A. (4) Border processing. (i) Admission standard. (ii) Procedures. (iii) Conditions of admission. (iv) Deportation is not stayed for an alien subject to deportation and removal under the INA, notwithstanding a claim to eligibility for SAW status, unless that alien has filed a nonfrivolous application. (d) Medical examination. (e) Limitation on access to information and confidentiality. (2) Files and records prepared by qualified designated entities under this section are confidential. The Attorney General and the Service shall not have access to these files and records without the consent of the alien. (3) All information furnished pursuant to an application for temporary resident status under this part including documentary evidence filed with the application shall be used only in the determination process, including a determination under § 210.4(d) of this part, or to enforce the provisions of section 210(b)(7) of the Act, relating to prosecutions for fraud and false statements made in connection with applications, as provided in paragraph (e)(4) of this section. (4) If a determination is made by the Service that the alien has, in connection with his or her application, engaged in fraud or willful misrepresentation or concealment of a material fact, knowingly provided a false writing or document in making his or her application, knowingly made a false statement or representation, or engaged in any other activity prohibited by section 210(b)(7) of the Act, the Service shall refer the matter to the U.S. Attorney for prosecution of the alien or any person who created or supplied a false writing or document for use in an application for adjustment of status under this part. (f) Decision. (g) Motions. sua sponte sua sponte (h) Certifications. [53 FR 10064, Mar. 29, 1988, as amended at 55 FR 12629, Apr. 5, 1990; 60 FR 21975, May 4, 1995] § 210.3 Eligibility. (a) General. (b) Proof of eligibility Burden of proof. (2) Evidence. (3) Verification. (4) Securing SAW employment records. (c) Documents. (1) Proof of identity. (i) Passport; (ii) Birth certificate; (iii) Any national identity document from a foreign country bearing a photo and/or fingerprint (e.g., “cedula”, “cartilla”, “carte d'identite,” etc.); (iv) Driver's license or similar document issued by a state if it contains a photo; (v) Baptismal record or marriage certificate; (vi) Affidavits, or (vii) Such other documentation which may establish the identity of the applicant. (2) Assumed names General. (ii) Proof of common identity. (3) Proof of employment. (4) Proof of residence. (5) Proof of financial responsibility. (d) Ineligible classes. (1) An alien who at any time was a nonimmigrant exchange visitor under section 101(a)(15)(J) of the Act who is subject to the two-year foreign residence requirement unless the alien has complied with that requirement or the requirement has been waived pursuant to the provisions of section 212(e) of the Act; (2) An alien excludable under the provisions of section 212(a) of the Act whose grounds of excludability may not be waived, pursuant to section 210(c)(2)(B)(ii) of the Act; (3) An alien who has been convicted of a felony, or three or more misdemeanors. (e) Exclusion grounds Grounds of exclusion not to be applied. (2) Waiver of grounds for exclusion. (3) Grounds of exclusion that may not be waived. (i) Paragraphs (9) and (10) (criminals); (ii) Paragraph (15) (public charge) except as provided in paragraph (c)(4) of this section. (iii) Paragraph (23) (narcotics) except for a single offense of simple possession of thirty grams or less of marijuana. (iv) Paragraphs (27), (prejudicial to the public interest), (28), (communists), and (29) (subversive); (v) Paragraph (33) (Nazi persecution). (4) Special Rule for determination of public charge. [53 FR 10064, Mar. 29, 1988, as amended at 53 FR 27335, July 20, 1988; 54 FR 4757, Jan. 31, 1989; 55 FR 12629, Apr. 5, 1990] § 210.4 Status and benefits. (a) Date of adjustment. (b) Employment and travel authorization General. (2) Employment and travel authorization prior to the granting of temporary resident status. (3) Employment and travel authorization upon grant of temporary resident status. (c) Ineligibility for immigration benefits. (d) Termination of temporary resident status General. (2) The status of an alien lawfully admitted for temporary residence under section 210(a)(2) of the Act, may be terminated before the alien becomes eligible for adjustment of status under § 210.5 of this part, upon the occurrence of any of the following: (i) It is determined by a preponderance of the evidence that the adjustment to temporary resident status was the result of fraud or willful misrepresentation as provided in section 212(a)(19) of the Act; (ii) The alien commits an act which renders him or her inadmissible as an immigrant, unless a waiver is secured pursuant to § 210.3(e)(2) of this part; (iii) The alien is convicted of any felony, or three or more misdemeanors in the United States. (3) Procedure. (ii) Termination proceedings must be commenced before the alien becomes eligible for adjustment of status under § 210.5 of this part. The timely commencement of termination proceedings will preclude the alien from becoming a lawful permanent resident until a final determination is made in the proceedings, including any appeal. [53 FR 10064, Mar. 29, 1988, as amended at 55 FR 12629, Apr. 5, 1990; 60 FR 21975, May 4, 1995; 61 FR 46536, Sept. 4, 1996; 65 FR 82255, Dec. 28, 2000; 78 FR 18472, Mar. 27, 2013] § 210.5 Adjustment to permanent resident status. (a) Eligibility and date of adjustment to permanent resident status. (1) Group 1. (2) Group 2. (b) ADIT processing General. (2) Upon appearance at a Service office for preparation of Form I-551, an alien must present proof of identity, suitable ADIT photographs, and a fingerprint and signature must be obtained from the alien on Form I-89. [53 FR 10064, Mar. 29, 1988, as amended at 54 FR 50339, Dec. 6, 1989; 63 FR 70315, Dec. 21, 1998]