[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Rules and Regulations]
[Pages 76352-76353]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31271]


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DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 209


Adjustment of Status of Refugees and Aliens Granted Asylum

CFR Correction

    In Title 8 of the Code of Federal Regulations, revised as of 
January 1, 2012, on page 175, in Sec.  209.2, reinstate paragraphs (b) 
through (f) to read as follows:


Sec.  209.2  Adjustment of status of alien granted asylum.

* * * * *

[[Page 76353]]

    (b) Inadmissible alien. An applicant who is not admissible to the 
United States as described in 8 CFR 209.2(a)(1)(v), may, under section 
209(c) of the Act, have the grounds of inadmissibility waived by USCIS 
except for those grounds under sections 212(a)(2)(C) and 212(a)(3)(A), 
(B), (C), or (E) of the Act for humanitarian purposes, to ensure family 
unity, or when it is otherwise in the public interest. An application 
for the waiver may be requested with the application for adjustment, in 
accordance with the form instructions. An applicant for adjustment 
under this part who has had the status of an exchange alien 
nonimmigrant under section 101(a)(15)(J) of the Act, and who is subject 
to the foreign resident requirement of section 212(e) of the Act, shall 
be eligible for adjustment without regard to the foreign residence 
requirement if otherwise eligible for adjustment.
    (c) Application. An application for the benefits of section 209(b) 
of the Act may be filed in accordance with the form instructions. If an 
alien has been placed in removal, deportation, or exclusion 
proceedings, the application can be filed and considered only in 
proceedings under section 240 of the Act.
    (d) Medical examination. For an alien seeking adjustment of status 
under section 209(b) of the Act, the alien shall submit a medical 
examination to determine whether any grounds of inadmissibility 
described under section 212(a)(1)(A) of the Act apply. The asylee is 
also required to establish compliance with the vaccination requirements 
described under section 212(a)(1)(A)(ii) of the Act.
    (e) Interview. USCIS will determine, on a case-by-case basis, 
whether an interview by an immigration officer is necessary to 
determine the applicant's admissibility for permanent resident status 
under this part.
    (f) Decision. USCIS will notify the applicant in writing of the 
decision on his or her application. There is no appeal of a denial, but 
USCIS will notify an applicant of the right to renew the request in 
removal proceedings under section 240 of the Act. If the application is 
approved, USCIS will record the alien's admission for lawful permanent 
residence as of the date one year before the date of the approval of 
the application, but not earlier than the date of the approval for 
asylum in the case of an applicant approved under paragraph (a)(2) of 
this section.

[FR Doc. 2012-31271 Filed 12-27-12; 8:45 am]
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