Reference Citation

§ 236.14

8 CFR Ch. I (1–1–02 Edition)

(d) An alien who has committed an
act of juvenile delinquency (as defined
in 18 U.S.C. 5031) which if committed
by an adult would be classified as:
(1) A felony crime of violence that
has an element the use or attempted
use of physical force against another
individual; or
(2) A felony offense that by its nature
involves a substantial risk that physical force against another individual
may be used in the course of committing the offense.
[62 FR 10360, Mar. 6, 1997, as amended at 65
FR 43680, July 14, 2000]

§ 236.14

Filing.

(a) General. An application for benefits under the Family Unity Program
must be filed at the service center having jurisdiction over the alien’s place
of residence. A Form I–817, Application
for Family Unity Benefits, must be
filed with the correct fee required in
§ 103.7(b)(1) of this chapter and the required supporting documentation. A
separate application with appropriate
fee and documentation must be filed
for each person claiming eligibility.
(b) Decision. The service center director has sole jurisdiction to adjudicate
an application for benefits under the
Family Unity Program. The director
will provide the applicant with specific
reasons for any decision to deny an application. Denial of an application may
not be appealed. An applicant who believes that the grounds for denial have
been overcome may submit another application with the appropriate fee and
documentation.
(c) Referral of denied cases for consideration of issuance of notice to appear. If
an application is denied, the case will
be referred to the district director with
jurisdiction over the alien’s place of
residence for consideration of whether
to issue a notice to appear. After an
initial denial, an applicant’s case will
not be referred for issuance of a notice
to appear until 90 days from the date of
the initial denial, to allow the alien
the opportunity to file a new Form I–
817 application in order to attempt to
overcome the basis of the denial. However, if the applicant is found not to be
eligible for benefits under § 236.13(b),
the Service reserves the right to issue

a notice to appear at any time after
the initial denial.
[62 FR 10360, Mar. 6, 1997, as amended at 65
FR 43680, July 14, 2000; 66 FR 29672, June 1,
2001]

§ 236.15 Voluntary departure and eligibility for employment.
(a) Authority. Voluntary departure
under this section implements the provisions of section 301 of IMMACT 90,
and authority to grant voluntary departure under the family unity program derives solely from that section.
Voluntary departure under the family
unity program shall be governed solely
by this section, notwithstanding the
provisions of section 240B of the Act
and 8 CFR part 240.
(b) Children of legalized aliens. Children of legalized aliens residing in the
United States, who were born during an
authorized absence from the United
States of mothers who are currently
residing in the United States under
voluntary departure pursuant to the
Family Unity Program, may be granted voluntary departure under section
301 of IMMACT 90 for a period of 2
years.
(c) Duration of voluntary departure. An
alien whose application for benefits
under the Family Unity Program is approved will receive voluntary departure for 2 years, commencing with the
date of approval of the application.
Voluntary departure under this section
shall be considered effective from the
date on which the application was
properly filed.
(d) Employment authorization. An
alien granted benefits under the Family Unity Program is authorized to be
employed in the United States and will
receive an employment authorization
document. The validity period of the
employment authorization document
will coincide with the period of voluntary departure.
(e) Extension of voluntary departure.
An application for an extension of voluntary departure under the Family
Unity Program must be filed by the
alien on Form I-817 along with the correct fee required in § 103.7(b)(1) of this
chapter and the required supporting
documentation. The submission of a
copy of the previous approval notice
will assist in shortening the processing

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