Reference Citation

\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 245a
-- ADJUSTMENT OF STATUS TO THAT OF PERSONS ADMITTED FOR LAWFUL TEMPORARY OR PERMANENT
RESIDENT STATUS UNDER SECTION 245A OF THE IMMIGRATION AND NATIONALITY ACT (Heading amended
5/31/95; 60 FR 21039) \ § 245a.33 Filing.
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§ 245a.33 Filing.
(a) General . An application for Family Unity benefits under section 1504 of the LIFE Act
Amendments must be filed on a Form I-817, Application for Family Unity Benefits, with the
Missouri Service Center. A Form I-817 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 Missouri Service Center Director has sole jurisdiction to adjudicate an
application for Family Unity benefits under the LIFE Act Amendments. 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.
(Revised effective 6/18/07; 72 FR 19100 )
(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 no t to
be eligible for benefits under § 245a.32(a) , the Service reserves the right to issue a notice to
appear at any time after the initial denial.