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; and (4) 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) (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 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 will exercise its discretion not to grant a stay of removal, deportation, or exclusion with respect to an alien who is inadmissible on any of the grounds specified in paragraph (m)(3) of this section, unless there is substantial reason to believe that USCIS will grant the necessary waivers of inadmissibility. (3) An immigration judge or the Board may not grant a motion to re-open or stay in connection with an application under this section. (4) If USCIS approves the application, the approval will constitute the automatic re-openin

official document · source cfr-2024 · id 8:§ 245.21