Adjustment of status of certain nationals of Vietnam, Cambodia, and Laos (section 586 of Public Law 106-429).

CFR · 2024-01-01 · US · Title 8

(a) (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; (4) Files an application for adjustment of status in accordance with paragraph (b) of this section during the 3-year application period; and (5) 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) (i) If the postmark is illegible or missing, DHS will consider the application to be timely filed if it is received on or before 3 business days after the end of the application period. (ii) In all instances, the burden of proof is on the applicant to establish timely filing of an application. (2) (c) (d) (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 that the district director with jurisdiction over the alien grant 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 in general will exercise its discr

official document · source cfr-2024 · id 8:§ 1245.21