Continuous residence in an unlawful status since prior to January 1, 1982, through May 4, 1988.

CFR · 2024-01-01 · US · Title 8

(a) (b) (2) The following evidence may establish an alien's unlawful status in the United States: (i) Form I-94 (see § 1.4), Arrival-Departure Record; (ii) Form I-20A-B, Certificate of Eligibility for Nonimmigrant (F-1) Student Status—For Academic and Language Students; (iii) Form IAP-66, Certificate of Eligibility for Exchange Visitor Status; (iv) A passport; or (v) Nonimmigrant visa(s) issued to the alien. (c) (1) No single absence from the United States has exceeded forty-five (45) days, and the aggregate of all absences has not exceeded one hundred and eighty (180) days between January 1, 1982, and May 4, 1988, unless the alien can establish that due to emergent reasons, his or her return to the United States could not be accomplished within the time period allowed; (2) The alien was maintaining residence in the United States; and (3) The alien's departure from the United States was not based on an order of deportation. (d) (1) An eligible alien who entered the United States without inspection prior to January 1, 1982. (2) (i) (ii) (iii) (A) Was not subject to the 2-year foreign residence requirement of section 212(e) of the Act; or (B) Has fulfilled the 2-year foreign residence requirement of section 212(e) of the Act; or (C) Has received a waiver for the 2-year foreign residence requirement of section 212(e) of the Act. (3) (4) (i) An eligible alien who was granted voluntary departure, voluntary return, extended voluntary departure, or placed in deferred action category

official document · source cfr-2024 · id 8:§ 245a.15