Adjustment of status of certain nationals of Nicaragua and Cuba under Public Law 105-100.

CFR · 2024-01-01 · US · Title 8

(a) (1) Is a national of Nicaragua or Cuba; (2) Except as provided in paragraph (o) of this section, has been physically present in the United States for a continuous period beginning not later than December 1, 1995, and ending not earlier that the date the application for adjustment is granted, excluding: (i) Any 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 Authorization for Parole (Form I-512) 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 Advance Authorization for Parole; (3) Is not inadmissible to the United States for permanent residence under any provisions of section 212(a) of the Act, with the exception of paragraphs (4), (5), (6)(A), (7)(A) and (9)(B). If available, an applicant may apply for an individual waiver as provided in paragraph (c) of this section; (4) Is physically present in the United States at the time the application is filed; and (5) Properly files an application for adjustment of status in accordance with this section. (b) (2) (3) (c) (2) (d) (2) (3) (ii) In any case not administratively closed in accordance with paragraph (d)(3)(i) of this section, the immigration judge having jurisdiction over the exclusion, deportation, or removal proceedings shall have jurisdiction to accept and adjudicate any application for adjustment of status unde

official document · source cfr-2024 · id 8:§ 1245.13