8 CFR Part 245 — Adjustment of Status to That of Person Admitted for Permanent Residence

PART 245—ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE Authority: 8 U.S.C. 1101, 1103, 1182, 1252, 1255; Pub. L. 105-100, section 202, 111 Stat. 2160, 2193; Pub. L. 105-277, section 902, 112 Stat. 2681; Pub. L. 110-229, tit. VII, 122 Stat. 754; 8 CFR part 2. Source: 30 FR 14778, Nov. 30, 1965, unless otherwise noted. § 245.1 Eligibility. (a) General. (b) Restricted aliens. (1) Any alien who entered the United States in transit without a visa; (2) Any alien who, on arrival in the United States, was serving in any capacity on board a vessel or aircraft or was destined to join a vessel or aircraft in the United States to serve in any capacity thereon; (3) Any alien who was not admitted or paroled following inspection by an immigration officer; (4) Any alien who, on or after January 1, 1977, was employed in the United States without authorization prior to filing an application for adjustment of status. This restriction shall not apply to an alien who is: (i) An immediate relative as defined in section 201(b) of the Act; (ii) A special immigrant as defined in section 101(a)(27)(H) or (J) of the Act; (iii) Eligible for the benefits of Public Law 101-238 (the Immigration Nursing Relief Act of 1989) and files an application for adjustment of status on or before October 17, 1991; or (iv) Eligible for the benefits of Public Law 101-238 (the Immigration Nursing Relief Act of 1989), and has not entered into or continued in unauthorized employment on or after November 29, 1990. (5) Any alien who on or after November 6, 1986 is not in lawful immigration status on the date of filing his or her application for adjustment of status, except an applicant who is an immediate relative as defined in section 201(b) or a special immigrant as defined in section 101(a)(27) (H), (I), or (J). (6) Any alien who files an application for adjustment of status on or after November 6, 1986, who has failed (other than through no fault of his or her own or for technical reasons) to maintain continuously a lawful status since entry into the United States, except an applicant who is an immediate relative as defined in section 201(b) of the Act or a special immigrant as defined in section 101(a)(27) (H), (I), or (J) of the Act; (7) Any alien admitted as a visitor under the visa waiver provisions of 8 CFR 212.1(e) or (q), other than an immediate relative as defined in section 201(b) of the Act; (8) Any alien admitted as a Visa Waiver Pilot Program visitor under the provisions of section 217 of the Act and part 217 of this chapter other than an immediate relative as defined in section 201(b) of the Act; (9) Any alien who seeks adjustment of status pursuant to an employment-based immigrant visa petition under section 203(b) of the Act and who is not maintaining a lawful nonimmigrant status at the time he or she files an application for adjustment of status; and (10) Any alien who was ever employed in the United States without the authorization of the Service or who has otherwise at any time violated the terms of his or her admission to the United States as a nonimmigrant, except an alien who is an immediate relative as defined in section 201(b) of the Act or a special immigrant as defined in section 101(a)(27)(H), (I), (J), or (K) of the Act. For purposes of this paragraph, an alien who meets the requirements of § 274a.12(c)(9) of this chapter shall not be deemed to have engaged in unauthorized employment during the pendency of his or her adjustment application. (c) Ineligible aliens. (1) Any nonpreference alien who is seeking or engaging in gainful employment in the United States who is not the beneficiary of a valid individual or blanket labor certification issued by the Secretary of Labor or who is not exempt from certification requirements under § 212.8(b) of this chapter; (2) Except for an alien who is applying for residence under the provisions of section 133 of the Immigration Act of 1990, any alien who has or had the status of an exchange visitor under section 101(a)(15)(J) of the Act and who is subject to the foreign residence requirement of section 212(e) of the Act, unless the alien has complied with the foreign residence requirement or has been granted a waiver of that requirement, under that section. An alien who has been granted a waiver under section 212(e)(iii) of the Act based on a request by a State Department of Health (or its equivalent) under Pub. L. 103-416 shall be ineligible to apply for adjustment of status under section 245 of the Act if the terms and conditions specified in section 214(l) of the Act and § 212.7(c)(9) of this chapter have not been met; (3) Any alien who has nonimmigrant status under paragraph (15)(A), (15)(E), or (15)(G) of section 101(a) of the Act, or has an occupational status which would, if the alien were seeking admission to the United States, entitle the alien to nonimmigrant status under those paragraphs, unless the alien first executes and submits the written waiver required by section 247(b) of the Act and part 247 of this chapter; (4) Any alien who claims immediate relative status under section 201(b) or preference status under sections 203(a) or 203(b) of the Act, unless the applicant is the beneficiary of a valid unexpired visa petition filed in accordance with part 204 of this chapter; (5) Any alien who is already an alien lawfully admitted to the United States for permanent residence on a conditional basis pursuant to section 216 or 216A of the Act, regardless of any other quota or non-quota immigrant visa classification for which the alien may otherwise be eligible; (6) Any alien admitted to the United States as a nonimmigrant defined in section 101(a)(15)(K) of the Act, unless: (i) In the case of a K-1 fianceé(e) under section 101(a)(15)(K)(i) of the Act or the K-2 child of a fianceé(e) under section 101(a)(15)(K)(iii) of the Act, the alien is applying for adjustment of status based upon the marriage of the K-1 fianceé(e) which was contracted within 90 days of entry with the United States citizen who filed a petition on behalf of the K-1 fianceé(e) pursuant to § 214.2(k) of this chapter; (ii) In the case of a K-3 spouse under section 101(a)(15)(K)(ii) of the Act or the K-4 child of a spouse under section 101(a)(15)(K)(iii) of the Act, the alien is applying for adjustment of status based upon the marriage of the K-3 spouse to the United States citizen who filed a petition on behalf of the K-3 spouse pursuant to § 214.2(k) of this chapter; (7) A nonimmigrant classified pursuant to section 101(a)(15)(S) of the Act, unless the nonimmigrant is applying for adjustment of status pursuant to the request of a law enforcement authority, the provisions of section 101(a)(15)(S) of the Act, and 8 CFR 245.11; (8) Any alien who seeks to adjust status based upon a marriage which occurred on or after November 10, 1986, and while the alien was in exclusion, deportation, or removal proceedings, or judicial proceedings relating thereto. (i) Commencement of proceedings. (A) With the issuance of the Form I-221, Order to Show Cause and Notice of Hearing prior to June 20, 1991; (B) With the filing of a Form I-221, Order to Show Cause and Notice of Hearing, issued on or after June 20, 1991, with the Immigration Court; (C) With the issuance of Form I-122, Notice to Applicant for Admission Detained for Hearing Before Immigration Judge, prior to April 1, 1997, (D) With the filing of a Form I-862, Notice to Appear, with the Immigration Court, or (E) With the issuance and service of Form I-860, Notice and Order of Expedited Removal. (ii) Termination of proceedings. (A) When the alien departs from the United States while an order of exclusion, deportation, or removal is outstanding or before the expiration of the voluntary departure time granted in connection with an alternate order of deportation or removal; (B) When the alien is found not to be inadmissible or deportable from the United States; (C) When the Form I-122, I-221, I-860, or I-862 is canceled; (D) When proceedings are terminated by the immigration judge or the Board of Immigration Appeals; or (E) When a petition for review or an action for habeas corpus is granted by a Federal court on judicial review. (iii) Exemptions. (A) The alien is found not to be inadmissible or deportable from the United States; (B) Form I-122, I-221, I-860, or I-862, is canceled; (C) Proceedings are terminated by the immigration judge or the Board of Immigration Appeals; (D) A petition for review or an action for habeas corpus is granted by a Federal court on judicial review; (E) The alien has resided outside the United States for 2 or more years following the marriage; or (F) The alien establishes the marriage is bona fide by providing clear and convincing evidence that the marriage was entered into in good faith and in accordance with the laws of the place where the marriage took place, was not entered into for the purpose of procuring the alien's entry as an immigrant, and no fee or other consideration was given (other than to an attorney for assistance in preparation of a lawful petition) for the filing of a petition. (iv) Request for exemption. (v) Evidence to establish eligibility for the bona fide marriage exemption. (A) Documentation showing joint ownership of property; (B) Lease showing joint tenancy of a common residence; (C) Documentation showing commingling of financial resources; (D) Birth certificates of children born to the applicant and his or her spouse; (E) Affidavits of third parties having knowledge of the bona fides of the marital relationship, or (F) Other documentation establishing that the marriage was not entered into in order to evade the immigration laws of the United States. (vi) Decision. (vii) Denials. (viii) Appeals. (d) Definitions Lawful immigration status. (i) In lawful permanent resident status; (ii) An alien admitted to the United States in nonimmigrant status as defined in section 101(a)(15) of the Act, whose initial period of admission has not expired or whose nonimmigrant status has been extended in accordance with part 214 of this chapter; (iii) In refugee status under section 207 of the Act, such status not having been revoked; (iv) In asylee status under section 208 of the Act, such status not having been revoked; (v) In parole status which has not expired, been revoked or terminated; or (vi) Eligible for the benefits of Public Law 101-238 (the Immigration Nursing Relief Act of 1989) and files an application for adjustment of status on or before October 17, 1991. (2) No fault of the applicant or for technical reasons. other than through no fault of his or her own or for technical reasons (i) Inaction of another individual or organization designated by regulation to act on behalf of an individual and over whose actions the individual has no control, if the inaction is acknowledged by that individual or organization (as, for example, where a designated school official certified under § 214.2(f) of this chapter or an exchange program sponsor under § 214.2(j) of this chapter did not provide required notification to the Service of continuation of status, or did not forward a request for continuation of status to the Service); or (ii) A technical violation resulting from inaction of the Service (as for example, where an applicant establishes that he or she properly filed a timely request to maintain status and the Service has not yet acted on that request). An individual whose refugee or asylum status has expired through passage of time, but whose status has not been revoked, will be considered to have gone out of status for a technical reason. (iii) A technical violation caused by the physical inability of the applicant to request an extension of nonimmigrant stay from the Service either in person or by mail (as, for example, an individual who is hospitalized with an illness at the time nonimmigrant stay expires). The explanation of such a technical violation shall be accompanied by a letter explaining the circumstances from the hospital or attending physician. (iv) A technical violation resulting from the Service's application of the maximum five/six year period of stay for certain H-1 nurses only if the applicant was subsequently reinstated to H-1 status in accordance with the terms of Public Law 101-656 (Immigration Amendments of 1988). (3) Effect of departure. (e) Special categories Alien medical graduates. (2) [Reserved] (3) Special immigrant juveniles Eligibility for adjustment of status. (ii) Bars to adjustment. (iii) Inadmissibility provisions that do not apply. (A) Public charge (section 212(a)(4) of the Act); (B) Labor certification (section 212(a)(5)(A) of the Act); (C) Aliens present without admission or parole (section 212(a)(6)(A) of the Act); (D) Misrepresentation (section 212(a)(6)(C) of the Act); (E) Stowaways (section 212(a)(6)(D) of the Act); (F) Documentation requirements for immigrants (section 212(a)(7)(A) of the Act); (G) Aliens unlawfully present (section 212(a)(9)(B) of the Act); (iv) Inadmissibility provisions that do apply. (v) Waivers. (1) (2) (3) (4) (5) (6) (7) (B) The relationship between an applicant classified as a special immigrant juvenile and the applicant's natural or prior adoptive parents cannot be considered a factor in issuing a waiver based on family unity under paragraph (v) of this section. (vi) No parental immigration rights based on special immigrant juvenile classification. (vii) No contact. (f) Concurrent applications to overcome grounds of inadmissibility. (g) Availability of immigrant visas under section 245 and priority dates Availability of immigrant visas under section 245. (2) Priority dates. (h) Conditional basis of status. (i) Adjustment of status from K-3/K-4 status. [30 FR 14778, Nov. 30, 1965] Editorial Note: For Federal Register www.govinfo.gov. § 245.2 Application. (a) General Jurisdiction. (2) Proper filing of application Under section 245. (B) If, at the time of filing, approval of a visa petition filed for classification under section 201(b)(2)(A)(i), section 203(a) or section 203(b)(1), (2) or (3) of the Act would make a visa immediately available to the alien beneficiary, the alien beneficiary's adjustment application will be considered properly filed whether submitted concurrently with or subsequent to the visa petition, provided that it meets the filing requirements contained in parts 103 and 245. For any other classification, the alien beneficiary may file the adjustment application only after the Service has approved the visa petition. (C) A visa petition and an adjustment application are concurrently filed only if: ( 1 ( 2 ( 3 (ii) Under the Act of November 2, 1966. (3) Submission of documents General. (ii) Under section 245. (iii) Under section 245(i). (iv) Under the Act of November 2, 1966. (4) Effect of departure General. (ii) Under section 245 of the Act. (B) The travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if he or she was previously granted advance parole by the Service for such absences, and was inspected and paroled upon returning to the United States. If the adjustment of status application of such individual is subsequently denied, he or she will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act. (C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status. (D) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful V status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is admissible as a V nonimmigrant. (iii) Under the Act of November 2, 1966. (5) Decision General. (ii) Under section 245 of the Act. (iii) Under the Act of November 2, 1966. (b) Application under section 2 of the Act of November 2, 1966. (c) Application under section 214(d) of the Act. [30 FR 14778, Nov. 30, 1965] Editorial Note: For Federal Register www.govinfo.gov. § 245.3 Adjustment of status under section 13 of the Act of September 11, 1957, as amended. Any application for benefits under section 13 of the Act of September 11, 1957, as amended, must be filed on Form I-485 with the director having jurisdiction over the applicant's place of residence. The benefits under section 13 are limited to aliens who were admitted into the United States under section 101, paragraphs (a)(15)(A)(i), (a)(15)(A)(ii), (a)(15)(G)(i), or (a)(15)(G)(ii) of the Immigration and Nationality Act who performed diplomatic or semi-diplomatic duties and to their immediate families, and who establish that there are compelling reasons why the applicant or the member of the applicant's immediate family is unable to return to the country represented by the government which accredited the applicant and that adjustment of the applicant's status to that of an alien lawfully admitted for permanent residence would be in the national interest. Aliens whose duties were of a custodial, clerical, or menial nature, and members of their immediate families, are not eligible for benefits under section 13. In view of the annual limitation of 50 on the number of aliens whose status may be adjusted under section 13, any alien who is prima facie eligible for adjustment of status to that of a lawful permanent resident under another provision of law shall be advised to apply for adjustment pursuant to such other provision of law. An applicant for the benefits of section 13 shall not be subject to the labor certification requirement of section 212(a)(14) of the Immigration and Nationality Act. The applicant shall be notified of the decision and, if the application is denied, of the reasons for the denial and of the right to appeal under the provisions of part 103 of this chapter. Any applications pending with the Service before December 29, 1981 must be resubmitted to comply with the requirements of this section. (Secs. 103, 245, of the Immigration and Nationality Act, as amended; 71 Stat. 642, as amended, sec. 17, Pub. L. 97-116, 95 Stat. 1619 (8 U.S.C. 1103, 1255, 1255b)) [47 FR 44238, Oct. 7, 1982, as amended at 59 FR 33905, July 1, 1994] § 245.4 Documentary requirements. The provisions of part 211 of this chapter relating to the documentary requirements for immigrants shall not apply to an applicant under this part. (Secs. 103, 214, 245 Immigration and Nationality Act, as amended; (8 U.S.C. 1103, 1184, 8 U.S.C. 1255, Sec. 2, 96 Stat. 1157, 8 U.S.C. 1255 note)) [30 FR 14779, Nov. 30, 1965. Redesignated at 48 FR 4770, Feb. 3, 1983, further redesignated at 52 FR 6322, Mar. 3, 1982, and further redesignated at 56 FR 49481, Oct. 2, 1991, as amended at 84 FR 41507, Aug. 14, 2019; 86 FR 14228, Mar. 15, 2021] § 245.5 Medical examination. Pursuant to section 232(b) of the Act, an applicant for adjustment of status shall be required to have a medical examination by a designated civil surgeon, whose report setting forth the findings of the mental and physical condition of the applicant, including compliance with section 212(a)(1)(A)(ii) of the Act, shall be incorporated into the record. A medical examination shall not be required of an applicant for adjustment of status who entered the United States as a nonimmigrant spouse, fianceé, or fianceeé of a United States citizen or the child of such an alien as defined in section 101(a)(15)(K) of the Act and § 214.2(k) of this chapter if the applicant was medically examined prior to, and as a condition of, the issuance of the nonimmigrant visa; provided that the medical examination must have occurred not more than 1 year prior the date of application for adjustment of status. Any applicant certified under paragraphs (1)(A)(ii) or (1)(A)(iii) of section 212(a) of the Act may appeal to a Board of Medical Officers of the U.S. Public Health Service as provided in section 234 of the Act and part 235 of this chapter. [56 FR 49841, Oct. 2, 1991, as amended at 62 FR 10384, Mar. 6, 1997; 66 FR 42595, Aug. 14, 2001] § 245.6 Interview. Each applicant for adjustment of status under this part shall be interviewed by an immigration officer. This interview may be waived in the case of a child under the age of 14; when the applicant is clearly ineligible under section 245(c) of the Act or § 245.1 of this chapter; or when it is determined by the Service that an interview is unnecessary. [57 FR 49375, Nov. 2, 1992] § 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). (a) Application. (b) Aliens eligible to apply for adjustment. (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. (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. (e) Date of approval. (f) No offset in number of visas available. [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; 85 FR 46926, Aug. 3, 2020] § 245.8 Adjustment of status as a special immigrant under section 101(a)(27)(K) of the Act. (a) Application. (b) Eligibility. (c) Interview of the applicant. prima facie (d) Spouse or child outside the United States. (e) Removal provisions of section 237 of the Act. (f) Rescission proceedings under section 246 of the Act. [57 FR 33862, July 31, 1992, as amended at 58 FR 50836, Sept. 29, 1993; 62 FR 10384, Mar. 6, 1997; 74 FR 26940, June 5, 2009] § 245.9 [Reserved] § 245.10 Adjustment of status upon payment of additional sum under section 245(i). (a) Definitions. (1)(i) Grandfathered alien (A) A petition for classification under section 204 of the Act which was properly filed with the Attorney General on or before April 30, 2001, and which was approvable when filed; or (B) An application for labor certification under section 212(a)(5)(A) of the Act that was properly filed pursuant to the regulations of the Secretary of Labor on or before April 30, 2001, and which was approvable when filed. (ii) If the qualifying visa petition or application for labor certification was filed after January 14, 1998, the alien must have been physically present in the United States on December 21, 2000. This requirement does not apply with respect to a spouse or child accompanying or following to join a principal alien who is a grandfathered alien as described in this section. (2) Properly filed (i) With respect to a qualifying immigrant visa petition, that the application was physically received by the Service on or before April 30, 2001, or if mailed, was postmarked on or before April 30, 2001, and accepted for filing as provided in § 103.2(a)(1) and (a)(2) of this chapter; and (ii) With respect to a qualifying application for labor certification, that the application was properly filed and accepted pursuant to the regulations of the Secretary of Labor, 20 CFR 656.21. (3) Approvable when filed (4) Circumstances that have arisen after the time of filing (b) Eligibility. (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 inadmissible from the United States under any provision of section 212 of the Act, or all grounds for inadmissibility 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 required fee for that application; (5) Properly files Supplement A to Form I-485 on or after October 1, 1994; (6) Pays an additional sum of $1,000, unless payment of the additional sum is not required under section 245(i) of the Act; and (7) Will adjust status under section 245 of the Act to that of lawful permanent resident of the United States on or after October 1, 1994. (c) Payment of additional sum. (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; or (3) The child of a legalized alien, is unmarried and less than 21 years of age, qualifies for and has filed Form I-817, and submits a copy of his or her receipt or approval notice for filing Form I-817. Such an alien must pay the additional sum if he or she has reached the age of 21 years at the time of filing for adjustment of status. Such an alien must meet all other conditions for adjustment of status contained in the Act and in this chapter. (d) Pending adjustment application with the Service or Executive Office for Immigration Review filed without Supplement A to Form I-485 and additional sum. (e) Applications for Adjustment of Status filed before October 1, 1994. (f) Effect of section 245(i) on completed adjustment applications before the Service. (2) An alien whose adjustment application was adjudicated and denied by the Service because of ineligibility under section 245(a) or (c) of the Act and now alleges eligibility due to the availability of section 245(i) of the Act may file a new application for adjustment of status pursuant to section 245(i) of the Act, provided that such new application is accompanied by the required fee for the application, Supplement A to Form I-485, additional sum required by section 245(i) of the Act and all other required and additional evidence. (g) Aliens deportable under section 237(a)(4)(B) of the Act are ineligible to adjust status. (h) Asylum or diversity immigrant visa applications. (i) Denial, withdrawal, or revocation of the approval of a visa petition or application for labor certification. (j) Substitution of a beneficiary on an application for a labor certification. (k) Changes in employment. (l) Effects of grandfathering on an alien's nonimmigrant status. (m) Effect of grandfathering on unlawful presence under section 212(a)(9)(B) and (c) of the Act. (n) Evidentiary requirement to demonstrate physical presence on December 21, 2000. (2) To demonstrate physical presence on December 21, 2000, the alien may submit copies of documents issued by the former INS or EOIR such as arrival-departure forms or notices to appear in immigration court. (3) To demonstrate physical presence on December 21, 2000, the alien may submit other government documentation. Other government documentation issued by a Federal, state, or local authority must bear the signature, seal, or other authenticating instrument of such authority (if the document normally bears such instrument), be dated at the time of issuance, and bear a date of issuance not later than December 21, 2000. For this purpose, the term Federal, state, or local authority includes any governmental, educational, or administrative function operated by Federal, state, county, or municipal officials. Examples of such other documentation include, but are not limited to: (i) A state driver's license; (ii) A state identification card; (iii) A county or municipal hospital record; (iv) A public college or public school transcript; (v) Income tax records; (vi) A certified copy of a Federal, state, or local governmental record which was created on or prior to December 21, 2000, shows that the applicant was present in the United States at the time, and establishes that the applicant sought on his or her own behalf, or some other party sought on the applicant's behalf, a benefit from the Federal, state, or local governmental agency keeping such record; (vii) A certified copy of a Federal, state, or local governmental record which was created on or prior to December 21, 2000, that shows that the applicant was present in the United States at the time, and establishes that the applicant submitted an income tax return, property tax payment, or similar submission or payment to the Federal, state, or local governmental agency keeping such record; (viii) A transcript from a private or religious school that is registered with, or approved or licensed by, appropriate State or local authorities, accredited by the State or regional accrediting body, or by the appropriate private school association, or maintains enrollment records in accordance with State or local requirements or standards. (4) To demonstrate physical presence on December 21, 2000, the alien may submit non-government documentation. Examples of documentation establishing physical presence on December 21, 2000, may include, but are not limited to: (i) School records; (ii) Rental receipts; (iii) Utility bill receipts; (iv) Any other dated receipts; (v) Personal checks written by the applicant bearing a bank cancellation stamp; (vi) Employment records, including pay stubs; (vii) Credit card statements showing the dates of purchase, payment, or other transaction; (viii) Certified copies of records maintained by organizations chartered by the Federal or State government, such as public utilities, accredited private and religious schools, and banks; (ix) If the applicant established that a family unit was in existence and cohabiting in the United States, documents evidencing the presence of another member of the same family unit; and (x) For applicants who have ongoing correspondence or other interaction with the Service, a list of the types and dates of such correspondence or other contact that the applicant knows to be contained or reflected in Service records. (5)(i) The adjudicator will evaluate all evidence on a case-by-case basis and will not accept a personal affidavit attesting to physical presence on December 21, 2000, without requiring an interview or additional evidence to validate the affidavit. (ii) In all cases, any doubts as to the existence, authenticity, veracity, or accuracy of the documentation shall be resolved by the official government record, with records of the Service and the Executive Office for Immigration Review (EOIR) having precedence over the records of other agencies. Furthermore, determinations as to the weight to be given any particular document or item of evidence shall be solely within the discretion of the adjudicating authority ( i.e. [59 FR 51095, Oct. 7, 1994; 59 FR 53020, Oct. 20, 1994, as amended at 62 FR 10384, Mar. 6, 1997; 62 FR 39424, July 23, 1997; 62 FR 55153, Oct. 23, 1997; 66 FR 16388, Mar. 26, 2001; 76 FR 53793, Aug. 29, 2011; 85 FR 46926, Aug. 3, 2020] § 245.11 Adjustment of aliens in S nonimmigrant classification. (a) Eligibility. (1) Request to allow S nonimmigrant to apply for adjustment of status to that of lawful permanent resident. (2) Certification. (3) Submission of requests for adjustment of status to the Commissioner. (4) Decision on request to allow adjustment of S nonimmigrant. (i) In the event the Commissioner decides to deny an application on Form I-854 to allow an S nonimmigrant to apply for adjustment of status, the Assistant Attorney General, Criminal Division, and the relevant LEA shall be notified in writing to that effect. The Assistant Attorney General, Criminal Division, shall concur in or object to that decision. Unless the Assistant Attorney General, Criminal Division, objects within 7 days, he or she shall be deemed to have concurred in the decision. In the event of an objection by the Assistant Attorney General, Criminal Division, the matter will be expeditiously referred to the Deputy Attorney General for a final resolution. In no circumstances shall the alien or the relevant LEA have a right of appeal from any decision to deny. (ii) Upon approval of the request on Form I-854, the Commissioner shall forward a copy of the approved form to the Assistant Attorney General and the S nonimmigrant, notifying them that the S nonimmigrant may proceed to file Form I-485 and request adjustment of status to that of lawful permanent resident, and that, to be eligible for adjustment of status, the nonimmigrant must otherwise: (A) Meet the requirements of paragraph (b) of this section, if requesting adjustment as a qualified family member of the certified principal S nonimmigrant witness or informant; (B) Be admissible to the United States as an immigrant, unless the ground of inadmissibility has been waived; (C) Establish eligibility for adjustment of status under all provisions of section 245 of the Act, unless the basis for ineligibility has been waived; and (D) Properly file with his or her Form I-485, Application to Register Permanent Residence or Adjust Status, the approved Form I-854. (b) Family members Qualified family members. (i) The family member qualified as the spouse, married or unmarried son or daughter, or parent (as defined in section 101(b) of the Act) of the principal S nonimmigrant when the family member was admitted as or granted a change of status to that of a nonimmigrant under section 101(a)(15)(S) of the Act; (ii) The family member was admitted in S nonimmigrant classification to accompany, or follow to join, the principal S-5 or S-6 alien pursuant to the LEA's request; (iii) The family member is not inadmissible from the United States as a participant in Nazi persecution or genocide as described in section 212(a)(3)(E) of the Act; (iv) The qualifying relationship continues to exist; and (v) The principal alien has adjusted status, has a pending application for adjustment of status or is concurrently filing an application for adjustment of status under section 101(a)(15)(S) of the Act. (vi) Paragraphs (b)(1)(iv) and (v) of this section do not apply if the alien witness or informant has died and, in the opinion of the Attorney General, was in compliance with the terms of his or her S classification under section 245(i) (1) and (2) of the Act. (2) Other family member. (i) May use the principal S nonimmigrant or qualified member's priority date and category when it becomes current, in accordance with the limitations set forth in sections 201 and 202 of the Act; (ii) May seek immigrant visa issuance abroad or adjustment of status to that of a lawful permanent resident of the United States when the priority date becomes current for the spouse's or child's country of chargeability under the fourth employment-based preference classification; (iii) Must meet all the requirements for immigrant visa issuance or adjustment of status, unless those requirements have been waived; (iv) Is not applying for adjustment of status under 101(a)(15)(S) of the Act, is not required to file Form I-854, and is not required to obtain LEA certification; and (v) Will lose eligibility for benefits if the child marries or has his or her twenty-first birthday before being admitted with an immigrant visa or granted adjustment of status. (c) Waivers of inadmissibility. (1) Was disclosed to the Attorney General prior to admission; and (2) Was specifically waived pursuant to the waiver provisions set forth at section 212(d)(1) and 212(d)(3) of the Act. (d) Application. (1) File Form I-485, with the prescribed fee, accompanied by the approved Form I-854, and the supporting documents specified in the instructions to Form I-485 and described in 8 CFR 245.2. Secondary evidence may be submitted if the nonimmigrant is unable to obtain the required primary evidence as provided in 8 CFR 103.2(b)(2). The S nonimmigrant applying to adjust must complete Part 2 of Form I-485 by checking box “h-other” and writing “S” or “S-Qualified Family Member.” Qualified family members must submit documentary evidence of the relationship to the principal S nonimmigrant witness or informant. (2) Submit detailed and inclusive evidence of eligibility for the adjustment of status benefits of S classification, which shall include: (i) A photocopy of all pages of the alien's most recent passport or an explanation of why the alien does not have a passport; or (ii) An attachment on a plain piece of paper showing the dates of all arrivals and departures from the United States in S nonimmigrant classification and the reason for each departure; and (iii) Primary evidence of a qualifying relationship to the principal S nonimmigrant, such as birth or marriage certificate. If any required primary evidence is unavailable, church or school records, or other secondary evidence may be submitted. If such documents are unavailable, affidavits may be submitted as provided in 8 CFR 103.2(b)(2). (e) Priority date. (f) Visa number limitation. (g) Filing and decision. (h) Removal under section 237 of the Act. (i) Denial of application. [60 FR 44269, Aug. 25, 1995; 60 FR 52248, Oct. 5, 1995, as amended at 62 FR 10384, Mar. 6, 1997; 76 FR 53793, Aug. 29, 2011] §§ 245.12-245.14 [Reserved] § 245.15 Adjustment of status of certain Haitian nationals under the Haitian Refugee Immigrant Fairness Act of 1998 (HRIFA). (a) Definitions. Abandoned abandonment Guardian Orphan orphaned (1) The death or disappearance of, desertion by, or separation or loss from both parents, as those terms are defined in § 204.3(b) of this chapter; (2) The irrevocable and written release of all parental rights by the sole parent, as that term is defined in § 204.3(b) of this chapter, based upon the inability of that parent to provide proper care (within the meaning of that phrase in § 204.3(b) of this chapter) for the child, provided that at the time of such irrevocable release such parent is legally obligated to provide such care; or (3) The death or disappearance, as that term is defined in § 204.3(b) of this chapter, of one parent and the irrevocable and written release of all parental rights by the sole remaining parent based upon the inability of that parent to provide proper care (within the meaning of that phrase in § 204.3(b) of this chapter) for the child, provided that at the time of such irrevocable release such parent is legally obligated to provide such care. Parent, father, mother Sole remaining parent (1) The child's other parent has died; or (2) The child's other parent has been certified by competent Haitian authorities to be presumed dead as a result of his or her disappearance, within the meaning of that term as set forth in § 204.3(b) of this chapter. (b) Applicability of provisions of section 902 of HRIFA in general. (1) Principal applicants. (i) An alien who filed for asylum before December 31, 1995; (ii) An alien who was paroled into the United States prior to December 31, 1995, after having been identified as having a credible fear of persecution, or paroled for emergent reasons or reasons deemed strictly in the public interest; or (iii) An alien who at the time of arrival in the United States and on December 31, 1995, was unmarried and under 21 years of age and who: (A) Arrived in the United States without parents in the United States and has remained, without parents, in the United States since his or her arrival; (B) Became orphaned subsequent to arrival in the United States; or (C) Was abandoned by parents or guardians prior to April 1, 1998, and has remained abandoned since such abandonment. (2) Dependents. (c) Eligibility of principal HRIFA applicants. (1) Physical presence. (2) Proper application. (i) Is received not later than March 31, 2000, at the Nebraska Service Center, the Board, or the Immigration Court having jurisdiction; (ii) Has been properly completed and signed by the applicant; (iii) Identifies the provision of HRIFA under which the applicant is seeking adjustment of status; and (iv) Is accompanied by either: (A) The correct fee as specified in 8 CFR 106.2; or (B) [Reserved] (3) Admissibility. (4) Continuous physical presence. (i) Any period or periods of absence from the United States not exceeding 180 days in the aggregate; and (ii) Any periods of absence for which the applicant received an advance parole authorization prior to his or her departure from the United States, provided the applicant returned to the United States in accordance with the conditions of such authorization. (iii) Any periods of absence from the United States occurring after October 21, 1998, and before July 12, 1999, provided the applicant departed the United States prior to December 31, 1998. (d) Eligibility of dependents of a principal HRIFA beneficiary. (1) Physical presence. (2) Proper application. (3) Admissibility. (4) Relationship. (5) Continuous physical presence. (e) Applicability of grounds of inadmissibility contained in section 212(a) Certain grounds of inadmissibility inapplicable to HRIFA applicants. (2) Availability of individual waivers. (3) Special rule for waiver of inadmissibility grounds for HRIFA applicants under section 212(a)(9)(A) and 212(a)(9)(C) of the Act. (f) Time for filing of applications Applications for HRIFA benefits by a principal HRIFA applicant. (2) Applications by dependent aliens. (g) Jurisdiction for filing of applications Filing of applications with USCIS. (2) Filing of applications by aliens in pending exclusion, deportation, or removal proceedings. (3)(i) Filing of applications with the Service by aliens who are subject to a final order of exclusion, deportation, or removal. (ii) An alien present in the United States who is subject to a final order of exclusion, deportation, or removal and has been denied adjustment of status under section 902 of HRIFA by the Immigration Court or the Board, or who never applied for adjustment of status with the Service, an Immigration Court, or the Board on or before March 31, 2000, and who was made eligible for HRIFA benefits under the Legal Immigration Family Equity Act of 2000 (LIFE Act) and LIFE amendments, Public Law 106-553 and Public Law 106-554, respectively, may file a motion to reopen with either the Immigration Court or the Board, whichever had jurisdiction last. As provided by the LIFE Act, motions to reopen must be filed on or before June 19, 2001. (iii) Stay of final order of exclusion, deportation, or removal. (iv) Grant of stay. (h) Application and supporting documents. (1) Application fee. (2) [Reserved] (3) Identifying information. (ii) A completed Biographic Information Sheet (Form G-325A), if the applicant is between 14 and 79 years of age; (iii) A report of medical examination, as specified in § 245.5 of this chapter; and (iv) Two photographs, as described in the instructions to Form I-485; (4) Arrival-Departure Record. (5) Police clearances. (6) Proof of Haitian nationality. (7) Additional supporting evidence. (i) Evidence of presence in the United States on December 31, 1995. (j) Evidence of continuity of presence in the United States since December 31, 1995. (1) Evidence establishing presence. (2) Examples. (i) School records; (ii) Rental receipts; (iii) Utility bill receipts; (iv) Any other dated receipts; (v) Personal checks written by the applicant bearing a dated bank cancellation stamp; (vi) Employment records, including pay stubs; (vii) Credit card statements showing the dates of purchase, payment, or other transaction; (viii) Certified copies of records maintained by organizations chartered by the Federal or State government, such as public utilities, accredited private and religious schools, and banks; (ix) If the applicant establishes that a family unit was in existence and cohabiting in the United States, documents evidencing presence of another member of that same family unit; and (x) For applicants who have had ongoing correspondence or other interaction with the Service, a list of the types and dates of such correspondence or other contact that the applicant knows to be contained or reflected in Service records. (3) Evidence relating to absences from the United States since December 31, 1995. (i) The date of the applicant's last arrival in the United States before December 31, 1995; (ii) The date of each departure (if any) from the United States since that arrival; (iii) The reason for each departure; and (iv) The date, manner, and place of each return to the United States. (k) Evidence establishing the alien's eligibility under section 902(b) of HRIFA. (1) Applicant for asylum. (i) A photocopy of the first page of the Application for Asylum and Withholding of Removal (Form I-589); or (ii) If the alien is not in possession of a photocopy of the first page of the Form I-589, a statement to that effect giving the date of filing and the location of the Service office or Immigration Court at which it was filed; (2) Parolee. (i) A photocopy of the Arrival-Departure Record (Form I-94) issued when he or she was granted parole; or (ii) If the alien is not in possession of the original Form I-94, a statement to that effect giving the date of parole and the location of the Service port-of-entry at which parole was authorized. (3) Child without parents. (i) Evidence, showing the date, location, and manner of his or her arrival in the United States, such as: (A) A photocopy of the Form I-94 issued at the time of the alien's arrival in the United States; (B) A copy of the airline or vessel records showing transportation to the United States; (C) Other similar documentation; or (D) If none of the documents in paragraphs (k)(3)(i)(A)-(C) of this section are available, a statement from the applicant, accompanied by whatever evidence the applicant is able to submit in support of that statement; and (ii) Evidence establishing the absence of the child's parents, which may include either: (A) Evidence showing the deaths of, or disappearance or desertion by, the applicant's parents; or (B) Evidence showing that the applicant's parents did not live in the United States with the applicant. Such evidence may include, but is not limited to, documentation or affidavits showing that the applicant's parents have been continuously employed outside the United States, are deceased, disappeared, or abandoned the applicant prior to the applicant's arrival, or were otherwise engaged in activities showing that they were not in the United States, or (if they have been in the United States) that the applicant and his or her parents did not reside together. (4) Orphaned child. (i) Evidence, showing the date, location, and manner of his or her arrival in the United States, such as: (A) A photocopy of the Form I-94 issued at the time of the alien's arrival in the United States; (B) A copy of the airline or vessel records showing transportation to the United States; (C) Other similar documentation; or (D) If none of the documents in paragraphs (k)(4)(i)(A)-(C) of this section are available, a statement from the applicant, accompanied by whatever evidence the applicant is able to submit in support of that statement; and (ii) Either: (A) The death certificates of both parents (or in the case of a child having only one parent, the death certificate of the sole parent) showing that the death or deaths occurred after the date of the applicant's arrival in the United States; (B) Evidence from a State, local, or other court or governmental authority having jurisdiction and authority to make decisions in matters of child welfare establishing the disappearance of, the separation or loss from, or desertion by, both parents (or, in the case of a child born out of wedlock who has not been legitimated, the sole parent); or (C) Evidence of: ( 1 ( i ( ii ( iii ( 2 (5) Abandoned child. (i) Evidence, showing the date, location, and manner of his or her arrival in the United States, such as: (A) A photocopy of the Form I-94 issued at the time of the alien's arrival in the United States; (B) A copy of the airline or vessel records showing transportation to the United States; (C) Other similar documentation; or (D) If none of the documents in paragraphs (k)(5)(i)(A)-(C) of this section are available, a statement from the applicant, accompanied by whatever evidence the applicant is able to submit in support of that statement; and (ii) Either: (A) Evidence from a State, local, or other court or governmental authority having jurisdiction and authority to make decisions in matters of child welfare establishing such abandonment; or (B) Evidence to establish that the applicant would have been considered to be abandoned according to the laws of the State where he or she resides, or where he or she resided at the time of the abandonment, had the issue been presented to the proper authorities. (l) Evidence relating to applications by dependents under section 902(d) of HRIFA Evidence of spousal relationship. (2) Evidence of parent-child relationship. (m) Secondary evidence. (n) Authorization to be employed in the United States while the application is pending Application for employment authorization. (2) Adjudication and issuance. (o) Adjudication of HRIFA applications filed with the Service Referral for interview. (2) Approval without interview. (i) The alien's claim to eligibility for adjustment of status under section 902 of HRIFA is verified through existing Service records; and (ii) The alien is clearly eligible for adjustment of status. (3) Denial without interview. (p) Adjudication of HRIFA applications filed in pending exclusion, deportation, or removal proceedings Proceedings pending before an Immigration Court. (2) Motion to reopen or motion to reconsider. (3) Proceedings pending before the Board. (4) Administrative closure of exclusion, deportation, or removal proceedings. (ii) In the case of an otherwise-eligible alien whose exclusion, deportation, or removal proceedings have been administratively closed for reasons not specified in this section, the alien may only apply before the Service for adjustment of status under this section. (q) Approval of HRIFA applications Applications approved by the Service. (2) Applications approved by an immigration judge or the Board. (r) Review of decisions by the Service denying HRIFA applications Denial notification. (ii) An alien made eligible for adjustment of status under HRIFA by the LIFE Act amendments and whose case has not been referred to EOIR under paragraphs (r)(2) or (r)(3) of this section, may file a motion to reopen with the Service. (2) Renewal of application for HRIFA benefits in removal, deportation, or exclusion proceedings. (i) Initiation of removal proceedings. (ii) Recalendaring or reinstatement of prior proceedings. (iii) Filing of renewed application. (3) Aliens with final orders. (4)(i) An alien whose case has been referred to the Immigration Court under paragraphs (r)(2) or (r)(3) of this section, or who filed an appeal with the Board after his or her application for adjustment of status under section 902 of HRIFA was denied, and whose proceedings are pending, and who is now eligible for adjustment of status under HRIFA as amended by section 1505(b) of the LIFE Act and its amendments, may renew the application for adjustment of status with either the Immigration Court or the Board, whichever has jurisdiction. The application will be adjudicated in accordance with section 1505(b) of the LIFE Act and its amendments. (ii) An alien present in the United States who is subject to a final order of exclusion, deportation or removal after his or her HRIFA adjustment application was denied by an Immigration Court or the Board, but who was made eligible for HRIFA adjustment as a result of section 1505(b) of the LIFE Act and its amendments, may file a motion to reopen with either the Immigration Court or the Board, whichever had jurisdiction last. Such motion to reopen must be filed on or before June 19, 2001. (s) Action of immigration judge upon referral of decision by a notice of certification General. (2) Stay pending review. (3) Appeal of Immigration Court decision. (4) Rescission or reopening of the decision of an Immigration Court. (i) Upon a motion to reopen filed within 180 days after the date of the denial if the alien demonstrates that the failure to appear was because of exceptional circumstances as defined in section 240(e)(1) of the Act; (ii) Upon a motion to reopen filed at any time if the alien demonstrates that he or she did not receive notice of the hearing in person (or, if personal service was not practicable, through service by mail to the alien or to the alien's counsel of record, if any) or the alien demonstrates that he or she was in Federal or State custody and the failure to appear was through no fault of the alien; or (iii) Upon a motion to reopen filed not later than June 19, 2001, by an alien present in the United States who became eligible for adjustment of status under HRIFA, as amended by section 1505, of Public Law 106-554. (t) Parole authorization for purposes of travel Travel from and return to the United States while the application for adjustment of status is pending. (2) Parole authorization for the purpose of filing an application for adjustment of status under section 902 of HRIFA. (ii) If the Director of the Nebraska Service Center is satisfied that the alien will be eligible for adjustment of status once the alien has been paroled into the United States and files the application, he or she may issue an Authorization for Parole of an Alien into the United States (Form I-512) to allow the alien to travel to, and be paroled into, the United States for a period of 60 days. (iii) The applicant shall have 60 days from the date of parole to file the application for adjustment of status. If the alien files the application for adjustment of status within that 60-day period, the Service may re-parole the alien for such time as is necessary for adjudication of the application. Failure to file such application for adjustment of status within 60 days shall result in the alien being returned to the custody of the Service and being examined as an arriving alien applying for admission. Such examination will be conducted in accordance with the provisions of section 235(b)(1) of the Act if the alien is inadmissible under section 212(a)(6)(C) or 212(a)(7) of the Act, or section 240 of the Act if the alien is inadmissible under any other grounds. (iv) Parole may only be authorized pursuant to the authority contained in, and the standards prescribed in, section 212(d)(5) of the Act. The authority of the Director of the Nebraska Service Center to authorize parole from outside the United States under this provision shall expire on March 31, 2000. (3) Effect of departure on an outstanding warrant of exclusion, deportation, or removal. (u) Tolling the physical presence in the United States provision for certain individuals Departure with advance authorization for parole. (2) Request for parole authorization from outside the United States. (3) Departure without advance authorization for parole. (v) Judicial review of HRIFA adjustment of status determinations. [64 FR 25767, May 12, 1999, as amended at 65 FR 15844, Mar. 24, 2000; 66 FR 29452, May 1, 2001; 67 FR 78673, Dec. 26, 2002; 76 FR 53793, Aug. 29, 2011; 78 FR 18472, Mar. 27, 2013; 85 FR 46926, Aug. 3, 2020] § 245.18 Physicians with approved employment-based petitions serving in a medically underserved area or a Veterans Affairs facility. (a) Which physicians are eligible for this benefit? (b) Do alien physicians have special time-related requirements for adjustment? (2) The Service shall not approve an adjustment application filed by an alien physician who obtained a waiver under section 203(b)(2)(B)(ii) of the Act until the alien physician has completed the period of required service established in § 204.12 of this chapter. (c) Are the filing procedures and documentary requirements different for these particular alien physicians? (1) Delayed fingerprinting. Fingerprinting, as noted in the Form I-485 instructions, will not be scheduled at the time of filing. Fingerprinting will be scheduled upon the physician's completion of the required years of service. (2) Delayed medical examination. The required medical examination, as specified in § 245.5, shall not be submitted with Form I-485. The medical examination report shall be submitted with the documentary evidence noting the physician's completion of the required years of service. (d) Employment authorization. (2) Since section 203(b)(2)(B)(ii) of the Act requires the alien physician to complete the required employment before USCIS can approve the alien physician's adjustment application, an alien physician who was in lawful nonimmigrant status when he or she filed the adjustment application is not required to maintain a nonimmigrant status while the adjustment application remains pending. Even if the alien physician's nonimmigrant status expires, the alien physician shall not be considered to be unlawfully present, so long as the alien physician is practicing medicine in accordance with § 204.5(k)(4)(iii) of this chapter. (e) When does the Service begin counting the physician's 5-year or 3-year medical practice requirement? (1) If the physician does not already have employment authorization and so must obtain employment authorization before the physician can begin working, then the period begins on the date the Service issues the employment authorization document. (2) If the physician formerly held status as a J-1 nonimmigrant, but obtained a waiver of the foreign residence requirement and a change of status to that of an H-1B nonimmigrant, pursuant to section 214(1) of the Act, as amended by section 220 of Public Law 103-416, and § 212.7(c)(9) of this chapter, the period begins on the date of the alien's change from J-1 to H-1B status. The Service will include the alien's compliance with the 3-year period of service required under section 214(l) in calculating the alien's compliance with the period of service required under section 203(b)(2)(B)(ii)(II) of the Act and this section. (3) An alien may not include any time employed as a J-1 nonimmigrant physician in calculating the alien's compliance with the 5 or 3-year medical practice requirement. If an alien is still in J-1 nonimmigrant status when the Service approves a Form I-140 petition with a national interest job offer waiver, the aggregate period during which the medical practice requirement period must be completed will begin on the date the Service issues an employment authorization document. (f) Will the Service provide information to the physician about evidence and supplemental filings? (1) The Service shall note the date that the medical service begins (provided the physician already had work authorization at the time the Form I-140 was filed) or the date that an employment authorization document was issued. (2) A list of the evidence necessary to satisfy the requirements of paragraphs (g) and (h) of this section. (3) A projected timeline noting the dates that the physician will need to submit preliminary evidence two years and 120 days into his or her medical service in an underserved area or VA facility, and a projected date six years and 120 days in the future on which the physician's final evidence of completed medical service will be due. (g) Will physicians be required to file evidence prior to the end of the 5 or 3-year period? (i) Evidence noted in paragraph (h) of this section that is available at the second anniversary of the I-140 approval. (ii) Documentation from the employer attesting to the fill-time medical practice and the date on which the physician began his or her medical service. (2) Physicians with a 3-year service requirement are not required to make a supplemental filing, and must only comply with the requirements of paragraph (h) of this section. (h) What evidence is needed to prove final compliance with the service requirement? (1) Individual Federal income tax returns, including copies of the alien'sW-2 forms, for the entire 3-year period or the balance years of the 5-year period that follow the submission of the evidence required in paragraph (e) of this section; (2) Documentation from the employer attesting to the full-time medical service rendered during the required aggregate period. The documentation shall address instances of breaks in employment, other than routine breaks such as paid vacations; (3) If the physician established his or her own practice, documents noting the actual establishment of the practice, including incorporation of the medical practice (if incorporated), the business license, and the business tax returns and tax withholding documents submitted for the entire 3 year period, or the balance years of the 5-year period that follow the submission of the evidence required in paragraph (e) of this section. (i) What if the physician does not comply with the requirements of paragraphs (f) and (g) of this section? (j) Will a Service officer interview the physician? (2) The local Service office shall schedule the alien for an adjustment interview with a Service officer, unless the Service waives the interview as provided in § 245.6. The local Service office shall also notify the alien if supplemental documentation should either be mailed to the office, or brought to the adjustment interview. (k) Are alien physicians allowed to travel outside the United States during the mandatory 3 or 5-year service period? (l) What if the Service denies the adjustment application? [65 FR 53895, Sept. 6, 2000; 65 FR 57861, Sept. 26, 2000; 65 FR 57944, Sept. 27, 2000; 67 FR 49563, July 31, 2002; 72 FR 19107, Apr. 17, 2007; 76 FR 53793, Aug. 29, 2011; 81 FR 82490, Nov. 18, 2016; 85 FR 46927, Aug. 3, 2020] § 245.20 [Reserved] § 245.21 Adjustment of status of certain nationals of Vietnam, Cambodia, and Laos (section 586 of Public Law 106-429). (a) Eligibility. (1) Was inspected and paroled into the United States before October 1, 1997; (2) Was paroled into the United States from Vietnam under the auspices of the Orderly Departure Program (ODP), a refugee camp in East Asia, or a displaced person camp administered by the United Nations High Commissioner for Refugees (UNHCR) in Thailand; (3) Was physically present in the United States prior to and on October 1, 1997; and (4) Is otherwise eligible to receive an immigrant visa and is otherwise admissible as an immigrant to the United States except as provided in paragraphs (e) and (f) of this section. (b) Application. (c) Applications from aliens in immigration proceedings. (d) Applications from aliens with final orders of removal, deportation, or exclusion. (1) An application under this section does not automatically stay the order of removal, deportation, or exclusion. An alien who is eligible for adjustment of status under section 586 of Public Law 106-429 may request a stay of removal during the pendency of the application. The regulations governing such a request are found at 8 CFR 241.6. (2) DHS will exercise its discretion not to grant a stay of removal, deportation, or exclusion with respect to an alien who is inadmissible on any of the grounds specified in paragraph (m)(3) of this section, unless there is substantial reason to believe that USCIS will grant the necessary waivers of inadmissibility. (3) An immigration judge or the Board may not grant a motion to re-open or stay in connection with an application under this section. (4) If USCIS approves the application, the approval will constitute the automatic re-opening of the alien's immigration proceedings, vacating of the final order of removal, deportation, or exclusion, and termination of the reopened proceedings. (e) Grounds of inadmissibility that do not apply. (f) Waiver of grounds of inadmissibility. (g) Evidence. (1) A birth certificate or other record of birth; (2) Documentation to establish that the applicant was physically present in the United States on October 1, 1997, under the standards set forth in § 245.22 of this chapter. (3) A copy of the applicant's Arrival-Departure Record (Form I-94) (see § 1.4) or other evidence that the alien was inspected or paroled into the United States prior to October 1, 1997, from one of the three programs listed in paragraph (a)(2) of this section. Subject to verification, documentation pertaining to paragraph (a)(2) of this section is already contained in USCIS files and the applicant may submit an affidavit to that effect in lieu of actual documentation. (h) Employment authorization. (i) Travel while an application to adjust status is pending. (j) Approval and date of admission as a lawful permanent resident. (k) Notice of denial. (l) Administrative review. [67 FR 78673, Dec. 26, 2002, as amended at 76 FR 53793, Aug. 29, 2011; 76 FR 73477, Nov. 29, 2011; 78 FR 18472, Mar. 27, 2013; 85 FR 46927, Aug. 3, 2020] § 245.22 Evidence to demonstrate an alien's physical presence in the United States on a specific date. (a) Evidence. (b) The number of documents. (c) DHS-issued documentation. (d) Government-issued documentation. (1) A state driver's license; (2) A state identification card; (3) A county or municipal hospital record; (4) A public college or public school transcript; (5) Income tax records; (6) A certified copy of a Federal, State, or local governmental record that was created on or prior to the required date, shows that the applicant was present in the United States at the time, and establishes that the applicant sought in his or her own behalf, or some other party sought in the applicant's behalf, a benefit from the Federal, State, or local governmental agency keeping such record; (7) A certified copy of a Federal, State, or local governmental record that was created on or prior to the required date, that shows that the applicant was present in the United States at the time, and establishes that the applicant submitted an income tax return, property tax payment, or similar submission or payment to the Federal, State, or local governmental agency keeping such record; or (8) A transcript from a private or religious school that is registered with, or approved or licensed by, appropriate State or local authorities, accredited by the State or regional accrediting body, or by the appropriate private school association, or maintains enrollment records in accordance with State or local requirements or standards. Such evidence will only be accepted to document the physical presence of an alien who was in attendance and under the age of 21 on the specific date that physical presence in the United States is required. (e) Copies of records. (f) Other relevant document(s) and evaluation of evidence. (g) Accuracy of documentation. [67 FR 78674, Dec. 26, 2002, as amended at 76 FR 53794, Aug. 29, 2011] § 245.23 Adjustment of noncitizens in T nonimmigrant classification. (a) Eligibility of principal T-1 applicants. (1) Applies for such adjustment. (2) Was lawfully admitted to the United States as a T-1 nonimmigrant, as defined in 8 CFR 214.201. (3) Continues to hold T-1 nonimmigrant status at the time of application. (4) Has been physically present in the United States for a continuous period of at least 3 years since the date of lawful admission as a T-1 nonimmigrant, or has been physically present in the United States for a continuous period during the investigation or prosecution of acts of trafficking and the Attorney General has determined that the investigation or prosecution is complete, whichever period is less; except (i) If the applicant has departed from the United States for any single period in excess of 90 days or for any periods in the aggregate exceeding 180 days, the applicant shall be considered to have failed to maintain continuous physical presence in the United States for purposes of section 245(l)(1)(A) of the Act; and (ii) If the noncitizen was granted T nonimmigrant status, such noncitizen's physical presence in the CNMI before, on, or after November 28, 2009, and subsequent to the grant of T nonimmigrant status, is considered as equivalent to presence in the United States pursuant to an admission in T nonimmigrant status. (5) Is admissible to the United States under the Act, or otherwise has been granted a waiver by USCIS of any applicable ground of inadmissibility, at the time of examination for adjustment. (6) Has been a person of good moral character since first being lawfully admitted as a T-1 nonimmigrant and until USCIS completes the adjudication of the application for adjustment of status. (7)(i) Has, since first being lawfully admitted as a T-1 nonimmigrant, and until the conclusion of adjudication of the application, complied with any reasonable request for assistance in the detection, investigation or prosecution of acts of trafficking, as defined in § 8 CFR 214.201; or (ii) Would suffer extreme hardship involving unusual and severe harm upon removal from the United States, as provided in 8 CFR 214.209; or (iii) Was younger than 18 years of age at the time of the victimization that qualified the T nonimmigrant for relief under section 101(a)(15)(T) of the Act, 8 U.S.C. 1101(a)(15)(T); or (iv) Established an inability to cooperate with a reasonable request for assistance at the time their Application for T Nonimmigrant Status was approved, as defined in 8 CFR 214.202(c)(1) and (2). (b) Eligibility of derivative family members. (1) The T-1 nonimmigrant has applied for adjustment of status under this section and meets the eligibility requirements described under paragraph (a) of this section; (2) The derivative family member was lawfully admitted to the United States in derivative T nonimmigrant status under section 101(a)(15)(T)(ii) of the Act, and continues to hold such status at the time of application; (3) The derivative family member has applied for such adjustment; and (4) The derivative family member is admissible to the United States under the Act, or otherwise has been granted a waiver by USCIS of any applicable ground of inadmissibility, at the time of examination for adjustment. (5) The derivative family member does not automatically lose T nonimmigrant status when the T-1 nonimmigrant adjusts status. (c) Exceptions. (1) Their T nonimmigrant status has been revoked pursuant to 8 CFR 214.213; (2) They are described in section 212(a)(3), 212(a)(10)(C), or 212(a)(10)(E) of the Act; or (3) They are inadmissible under any other provisions of section 212(a) of the Act and have not obtained a waiver of inadmissibility in accordance with 8 CFR 212.18 or 214.210. (4) Where the applicant establishes that the victimization was a central reason for their unlawful presence in the United States, section 212(a)(9)(B)(iii) of the Act is not applicable, and the applicant need not obtain a waiver of that ground of inadmissibility. The applicant, however, must submit with their application for adjustment of status evidence sufficient to demonstrate that the victimization suffered was a central reason for the unlawful presence in the United States. To qualify for this exception, the victimization need not be the sole reason for the unlawful presence but the nexus between the victimization and the unlawful presence must be more than tangential, incidental, or superficial. (d) Jurisdiction. (2) USCIS shall determine whether the applicant received a reasonable request for assistance in the investigation or prosecution of acts of trafficking as defined in 8 CFR 214.201 and 214.208(c), and, if so, whether the applicant complied in such request. (3) If USCIS determines that the applicant failed to comply with any reasonable request for assistance, USCIS shall deny the application for adjustment of status unless USCIS finds that the applicant would suffer extreme hardship involving unusual and severe harm upon removal from the United States. (e) Application Filing requirements. (i) Accompanying documents, in accordance with the form instructions; (ii) A photocopy of the applicant's Notice of Action, granting T nonimmigrant status; (iii) A photocopy of all pages of their most recent passport or an explanation of why they do not have a passport; (iv) A copy of the applicant's Arrival-Departure Record; and (v) Evidence that the applicant was lawfully admitted in T nonimmigrant status and continues to hold such status at the time of application. For T nonimmigrants who traveled outside the United States and returned to the United States after presenting an Advance Parole Document issued while the adjustment of status application was pending, the date that the applicant was first admitted in lawful T status will be the date of admission for purposes of this section, regardless of how the applicant's Arrival-Departure Record is annotated. (2) T-1 principal applicants. (i) Evidence, including an affidavit from the applicant and a photocopy of all pages of all of the applicant's passports valid during the required period (or equivalent travel document or a valid explanation of why the applicant does not have a passport), that they have been continuously physically present in the United States for the requisite period as described in paragraph (a)(2) of this section. Applicants should submit evidence described in § 245.22. A signed statement from the applicant attesting to the applicant's continuous physical presence alone will not be sufficient to establish this eligibility requirement. If additional documentation is not available, the applicant must explain why in an affidavit and provide additional affidavits from others with first-hand knowledge who can attest to the applicant's continuous physical presence by specific facts. (A) If the applicant has departed from and returned to the United States while in T-1 nonimmigrant status, the applicant must submit supporting evidence showing the dates of each departure from the United States and the date, manner, and place of each return to the United States. (B) Applicants applying for adjustment of status under this section who have less than 3 years of continuous physical presence while in T-1 nonimmigrant status must submit a document signed by the Attorney General or their designee, attesting that the investigation or prosecution is complete. (ii) Evidence of good moral character in accordance with paragraph (g) of this section; and (A) Evidence that the applicant has complied with any reasonable request for assistance in the investigation or prosecution of the trafficking as described in paragraph (f)(1) of this section since having first been lawfully admitted in T-1 nonimmigrant status and until the adjudication of the application; or (B) Evidence that the applicant would suffer extreme hardship involving unusual and severe harm if removed from the United States as described in paragraph (f)(2) of this section. (3) Evidence relating to discretion. (f) Assistance in the investigation or prosecution or a showing of extreme hardship. (1) Each T-1 applicant for adjustment of status under section 245(l) of the Act must submit evidence demonstrating that the applicant has complied with any reasonable requests for assistance in the investigation or prosecution of the human trafficking offenses during the requisite period; or (2) In lieu of showing continued compliance with requests for assistance, an applicant may establish that they would suffer extreme hardship involving unusual and severe harm upon removal from the United States. (i) The hardship determination will be evaluated on a case-by-case basis, in accordance with the factors described in 8 CFR 214.209. (ii) Where the basis for the hardship claim represents a continuation of the hardship claimed in the Application for T Nonimmigrant Status, the applicant need not re-document the entire claim, but rather may submit evidence to establish that the previously established hardship is ongoing. However, in reaching its decision regarding hardship under this section, USCIS is not bound by its previous hardship determination made under 8 CFR 214.209. (g) Good moral character. (1) An affidavit from the applicant attesting to their good moral character, accompanied by a local police clearance or a state-issued criminal background check from each locality or state in the United States in which the applicant has resided for 6 or more months during the requisite period in continued presence or T-1 nonimmigrant status. (2) If police clearances, criminal background checks, or similar reports are not available for some or all locations, the applicant may include an explanation and submit other evidence with their affidavit. (3) USCIS will consider other credible evidence of good moral character, such as affidavits from responsible persons who can knowledgeably attest to the applicant's good moral character. (4) An applicant who is under 14 years of age is generally presumed to be a person of good moral character and is not required to submit evidence of good moral character. However, if there is reason to believe that an applicant who is under 14 years of age may lack good moral character, USCIS may require evidence of good moral character. (h) Filing and decision. (i) Denial. (j) Effect of Departure. (2) If, however, the applicant is not under exclusion, deportation, or removal proceedings, and they filed an Application for Travel Document, in accordance with the instructions on the form, or any other appropriate form, and was granted advance parole by USCIS for such absences, and was inspected and paroled upon returning to the United States, they will not be deemed to have abandoned the application. (3) If the adjustment of status application of such an individual is subsequently denied, they will be treated as an applicant for admission subject to sections 212 and 235 of the Act. If an applicant for adjustment of status under this section is under exclusion, deportation, or removal proceedings, USCIS will deem the application for adjustment of status abandoned as of the moment of the applicant's departure from the United States. (k) Inapplicability. (l) Annual limit of T-1 principal applicant adjustments General. (2) Waiting list. (ii) Priority on the waiting list will be determined by the date the application was properly filed, with the oldest applications receiving the highest priority. (iii) In the following fiscal year, USCIS will proceed with granting adjustment of status to applicants on the waiting list who remain admissible and eligible for adjustment of status in order of highest priority until the available numbers are exhausted for the given fiscal year. (iv) After the status of qualifying applicants on the waiting list has been adjusted, any remaining numbers for that fiscal year will be issued to new qualifying applicants in the order that the applications were properly filed. [89 FR 34941, Apr. 30, 2024] § 245.24 Adjustment of aliens in U nonimmigrant status. (a) Definitions. (1) Continuous Physical Presence (2) Qualifying Family Member (3) U Interim Relief prima facie (4) U Nonimmigrant (5) Refusal to Provide Assistance in a Criminal Investigation or Prosecution (b) Eligibility of U Nonimmigrants. (1) Applies for such adjustment; (2)(i) Was lawfully admitted to the United States as either a U-1, U-2, U-3, U-4 or U-5 nonimmigrant, as defined in 8 CFR 214.1(a)(2), and (ii) Continues to hold such status at the time of application; or accrued at least 4 years in U interim relief status and files a complete adjustment application within 120 days of the date of approval of the Form I-918, Petition for U Nonimmigrant Status; (3) Has continuous physical presence for 3 years as defined in paragraph (a)(1) of this section; (4) Is not inadmissible under section 212(a)(3)(E) of the Act; (5) Has not unreasonably refused to provide assistance to an official or law enforcement agency that had responsibility in an investigation or prosecution of persons in connection with the qualifying criminal activity after the alien was granted U nonimmigrant status, as determined by the Attorney General, based on affirmative evidence; and (6) Establishes to the satisfaction of the Secretary that the alien's presence in the United States is justified on humanitarian grounds, to ensure family unity, or is in the public interest. (c) Exception. (d) Application Procedures for U nonimmigrants. (1) Form I-485, Application to Register Permanent Residence or Adjust Status, in accordance with the form instructions; (2) The fee prescribed in 8 CFR 106.2 or an application for a fee waiver; (3) [Reserved] (4) A photocopy of the alien's Form I-797, Notice of Action, granting U nonimmigrant status; (5) A photocopy of all pages of all of the applicant's passports valid during the required period (or equivalent travel document or a valid explanation of why the applicant does not have a passport) and documentation showing the following: (i) The date of any departure from the United States during the period that the applicant was in U nonimmigrant status; (ii) The date, manner, and place of each return to the United States during the period that the applicant was in U nonimmigrant status; and (iii) If the applicant has been absent from the United States for any period in excess of 90 days or for any periods in the aggregate of 180 days or more, a certification from the investigating or prosecuting agency that the absences were necessary to assist in the investigation or prosecution of the criminal activity or were otherwise justified; (6) A copy of the alien's Form I-94 (see § 1.4), Arrival-Departure Record; (7) Evidence that the applicant was lawfully admitted in U nonimmigrant status and continues to hold such status at the time of application; (8) Evidence pertaining to any request made to the alien by an official or law enforcement agency for assistance in an investigation or prosecution of persons in connection with the qualifying criminal activity, and the alien's response to such request; (9) Evidence, including an affidavit from the applicant, that he or she has continuous physical presence for at least 3 years as defined in paragraph (a)(1) of this section. Applicants should submit evidence described in 8 CFR 245.22. A signed statement from the applicant attesting to continuous physical presence alone will not be sufficient to establish this eligibility requirement. If additional documentation is not available, the applicant must explain why in an affidavit and provide additional affidavits from others with first-hand knowledge who can attest to the applicant's continuous physical presence by specific facts; (10) Evidence establishing that approval is warranted. (11) Evidence relating to discretion. (e) Continued assistance in the investigation or prosecution. (1) An applicant for adjustment of status under section 245(m) of the Act may submit a document signed by an official or law enforcement agency that had responsibility for the investigation or prosecution of persons in connection with the qualifying criminal activity, affirming that the applicant complied with (or did not unreasonably refuse to comply with) reasonable requests for assistance in the investigation or prosecution during the requisite period. To meet this evidentiary requirement, applicants may submit a newly executed Form I-918, Supplement B, “U Nonimmigrant Status Certification.” (2) If the applicant does not submit a document described in paragraph (e)(1) of this section, the applicant may submit an affidavit describing the applicant's efforts, if any, to obtain a newly executed Form I-918, Supplement B, or other evidence describing whether or not the alien received any request to provide assistance in a criminal investigation or prosecution, and the alien's response to any such request. (i) The applicant should also include, when possible, identifying information about the law enforcement personnel involved in the case and any information, of which the applicant is aware, about the status of the criminal investigation or prosecution, including any charges filed and the outcome of any criminal proceedings, or whether the investigation or prosecution was dropped and the reasons. (ii) If applicable, an applicant may also provide a more detailed description of situations where the applicant refused to comply with requests for assistance because the applicant believed that the requests for assistance were unreasonable. (3) In determining whether the applicant has satisfied the continued assistance requirement, USCIS or the Department of Justice may at its discretion contact the certifying agency that executed the applicant's original Form I-918, Supplement B, “U Nonimmigrant Status Certification” or any other law enforcement agency. (4) In accordance with procedures determined by the Department of Justice and the Department of Homeland Security, USCIS will refer certain applications for adjustment of status to the Department of Justice for determination of whether the applicant unreasonably refused to provide assistance in a criminal investigation or prosecution. If the applicant submits a document described in paragraph (e)(1) of this section, USCIS will not refer the application for consideration by the Department of Justice absent extraordinary circumstances. In other cases, USCIS will only refer an application to the Department of Justice if an official or law enforcement agency has provided evidence that the alien has refused to comply with requests to provide assistance in an investigation or prosecution of persons in connection with the qualifying criminal activity or if there are other affirmative evidence in the record suggesting that the applicant may have unreasonably refused to provide such assistance. In these instances, USCIS will request that the Department of Justice determine, based on all available affirmative evidence, whether the applicant unreasonably refused to provide assistance in a criminal investigation or prosecution. The Department of Justice will have 90 days to provide a written determination to USCIS, or where appropriate, request an extension of time to provide such a determination. After such time, USCIS may adjudicate the application whether or not the Department of Justice has provided a response. (f) Decision. (1) Approvals. (2) Denials. (g) Filing petitions for qualifying family members. (1) The qualifying family member has never held U nonimmigrant status; (2) The qualifying family relationship, as defined in paragraph (a)(2) of this section, exists at the time of the U-1 principal's adjustment and continues to exist through the adjudication of the adjustment or issuance of the immigrant visa for the qualifying family member; (3) The qualifying family member or the principal U-1 alien, would suffer extreme hardship as described in 8 CFR 245.24(g) (to the extent the factors listed are applicable) if the qualifying family member is not allowed to remain in or enter the United States; and (4) The principal U-1 alien has adjusted status to that of a lawful permanent resident, has a pending application for adjustment of status, or is concurrently filing an application for adjustment of status. (h) Procedures for filing petitions for qualifying family members Required documents. (i) Form I-929 in accordance with the form instructions; (ii) The fee prescribed in 8 CFR 106.2 or an application for a fee waiver; (iii) Evidence of the relationship listed in paragraph (a)(2) of this section, such as a birth or marriage certificate. If primary evidence is unavailable, secondary evidence or affidavits may be submitted in accordance with 8 CFR 103.2(b)(2); (iv) Evidence establishing that either the qualifying family member or the U-1 principal alien would suffer extreme hardship if the qualifying family member is not allowed to remain in or join the principal in the United States. Extreme hardship is evaluated on a case-by-case basis, taking into account the particular facts and circumstances of each case. Applicants are encouraged to document all applicable factors in their applications, as the presence or absence of any one factor may not be determinative in evaluating extreme hardship. To establish extreme hardship to a qualifying family member who is physically present in the United States, an applicant must demonstrate that removal of the qualifying family member would result in a degree of hardship beyond that typically associated with removal. Factors that may be considered in evaluating whether removal would result in extreme hardship to the alien or to the alien's qualifying family member include, but are not limited to: (A) The nature and extent of the physical or mental abuse suffered as a result of having been a victim of criminal activity; (B) The impact of loss of access to the United States courts and criminal justice system, including but not limited to, participation in the criminal investigation or prosecution of the criminal activity of which the alien was a victim, and any civil proceedings related to family law, child custody, or other court proceeding stemming from the criminal activity; (C) The likelihood that the perpetrator's family, friends, or others acting on behalf of the perpetrator in the home country would harm the applicant or the applicant's children; (D) The applicant's needs for social, medical, mental health, or other supportive services for victims of crime that are unavailable or not reasonably accessible in the home country; (E) Where the criminal activity involved arose in a domestic violence context, the existence of laws and social practices in the home country that punish the applicant or the applicant's child(ren) because they have been victims of domestic violence or have taken steps to leave an abusive household; (F) The perpetrator's ability to travel to the home country and the ability and willingness of authorities in the home country to protect the applicant or the applicant's children; and (G) The age of the applicant, both at the time of entry to the United States and at the time of application for adjustment of status; and (v) Evidence, including a signed statement from the qualifying family member and other supporting documentation, to establish that discretion should be exercised in his or her favor. Although qualifying family members are not required to establish that they are admissible on any of the grounds set forth in section 212(a) of the Act other than on section 212(a)(3)(E) of the Act, USCIS may take into account all factors, including acts that would otherwise render the applicant inadmissible, in making its discretionary decision on the application. Where adverse factors are present, an applicant may offset these by submitting supporting documentation establishing mitigating equities that the applicant wants USCIS to consider when determining whether or not a favorable exercise of discretion is appropriate. Depending on the nature of the adverse factors, the applicant may be required to clearly demonstrate that the denial of adjustment of status would result in exceptional and extremely unusual hardship. Moreover, depending on the gravity of the adverse factors, such a showing might still be insufficient. For example, USCIS will generally not exercise its discretion favorably in cases where the applicant has committed or been convicted of a serious violent crime, a crime involving sexual abuse committed upon a child, or multiple drug-related crimes, or where there are security- or terrorism-related concerns. (2) Decision. (i) Approvals. (B) For qualifying family members who are physically present in the United States, if the Form I-929 is approved, USCIS will forward notice of the approval to the U-1 principal applicant. (ii) Denials. (i) Application procedures for qualifying family members who are physically present in the United States to request adjustment of status Required documents. (i) Form I-485, Application to Register Permanent Residence or Adjust Status, in accordance with the form instructions; (ii) An approved Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; (iii) The fee prescribed in 8 CFR 106.2 or an application for a fee waiver; and (2) Decision. (i) Approvals. (ii) Denial. (j) Effect of departure. (k) Exclusive jurisdiction. (l) Inapplicability of 8 CFR 245.1 and 245.2. [73 FR 75560, Dec. 12, 2008; 74 FR 395, Jan. 6, 2009; 78 FR 18472, Mar. 27, 2013; 85 FR 46927, Aug. 3, 2020] § 245.25 Adjustment of status of aliens with approved employment-based immigrant visa petitions; validity of petition and offer of employment. (a) Validity of petition for continued eligibility for adjustment of status. (1) The employment offer by the petitioning employer is continuing; or (2) Under section 204(j) of the Act, the applicant has a new offer of employment from the petitioning employer or a different U.S. employer, or a new offer based on self-employment, in the same or a similar occupational classification as the employment offered under the qualifying petition, provided that: (i) The alien's application to adjust status based on a qualifying petition has been pending for 180 days or more; and (ii) The qualifying immigrant visa petition: (A) Has already been approved; or (B) Is pending when the beneficiary notifies USCIS of a new job offer 180 days or more after the date the alien's adjustment of status application was filed, and the petition is subsequently approved: ( 1 ( 2 (iii) The approval of the qualifying petition has not been revoked. (3) In all cases, the applicant and his or her intended employer must demonstrate the intention for the applicant to be employed under the continuing or new employment offer (including self-employment) described in paragraphs (a)(1) and (2) of this section, as applicable, within a reasonable period upon the applicant's grant of lawful permanent resident status. (b) Definition of same or similar occupational classification. [81 FR 82490, Nov. 18, 2016]

Related documents

• 50 CFR Part 600 — Magnuson-Stevens Act Provisions#512148
• 50 CFR Part 622 — Fisheries of the Caribbean, Gulf of America, and South Atlantic#512149
• 50 CFR Part 635 — Atlantic Highly Migratory Species#512150
• 50 CFR Part 648 — Fisheries of the Northeastern United States#512151
• 50 CFR Part 660 — Fisheries off West Coast States#512152