Suspension of deportation and adjustment of status under section 244(a) of the Act (as in effect before April 1, 1997) and cancellation of removal and adjustment of status under section 240A(b) of the Act for certain nonpermanent residents.

CFR · 2024-01-01 · US · Title 8

(a) (2) The provisions of this section apply to grants of suspension of deportation pursuant to section 244(a) of the Act (as in effect before April 1, 1997) or cancellation of removal pursuant to (b) (2) (ii) (A) The order granting suspension of deportation or cancellation of removal on a conditional basis issued on or before September 30, 1998; (B) A completed, but unsigned Form I-895, which the applicant shall be required to sign and to attest to the veracity of the information contained therein in the presence of a Service officer; (C) Any applicable applications for waiver of inadmissibility; and (D) Two “ADIT-style” photographs; meeting the specifications in the instructions attached to Form I-895. (iii) (iv) (A) The Service officer is not satisfied that the applicant is eligible for NACARA adjustment and so indicates on the attestation form; or (B) The applicant indicates on the attestation form that he or she does not wish to receive NACARA adjustment. (v) (vi) (3) (i) Any case in which a conditional grant of suspension of deportation or cancellation of removal is pending on appeal before the Board as of September 30, 1998 or, if the right to appeal to the Board has not been waived, the time for an appeal has not expired. After the Board issues its decision or the time for appeal has expired, the conditional grant shall be converted to a grant when a grant is available. (ii) Any other conditional grant not described in paragraphs (b)(1), (b)(2) or (b)(3)(i) of this se

official document · source cfr-2024 · id 8:§ 240.21