1. The authority citation for part 103 continues to read as follows:

Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1201, 1252 note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.

2. In Sec. 103.7, paragraph (b)(1) is amended by revising the entry for Form I-485 to read as follows:

Sec. 103.7 Fees.

* * * * *

(b) * * *

(1) * * *

* * * * *

Form I-485. For filing application for permanent resident status or creation of a record of lawful permanent residence -- $130 for an applicant 14 years of age or older; $100 for an applicant under the age of 14 years.

Supplement A to Form I-485. Supplement to Form I-485 for persons seeking to adjust status under the provisions of section 245(i) of the Act -- $650.00, except that payment of this additional sum is not required when the applicant is an unmarried child who is less than 17 years of age, or when the applicant is the spouse or the unmarried child less than 21 years of age of a legalized alien and is qualified for and has applied for voluntary departure under the family unity program.

* * * * *

3. In Sec. 103.7, paragraph (c)(1) is amended by adding a sentence at the end of the paragraph to read as follows:

Sec. 103.7 Fees .

* * * * *

(c) * * *

(1) * * * The payment of the additional sum prescribed by section 245(i) of the Act when applying for adjustment of status under section 245 of the Act may not be waived except as directed in section 245(i) of the Act.

* * * * *

PART 212 -- DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

4. The authority citation for part 212 continues to read as follows:

Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225, 1226, 1227, 1228, 1252; and 8 CFR part 2.

5. In Sec. 212.1, paragraph (e)(4)(i) is revised to read as follows:

Sec. 212.1 Documentary requirements for nonimmigrants.

* * * * *

(e) * * *

(4) * * *

(i) Adjustment of status to that of a temporary resident or, except under the provisions of section 245(i) of the Act, to that of a lawful permanent resident;

* * * * *

PART 217 -- VISA WAIVER PILOT PROGRAM

6. The authority citation for part 217 continues to read as follows:

Authority: 8 U.S.C. 1103, 1187; 8 CFR part 2.

Sec. 217.3 [Amended]

7. In Sec. 217.3, paragraph (a) is amended in the third sentence by adding the phrase "or under the provisions of section 245(i) of the Act" immediately after the phrase "other than as an immediate relative as defined in section 201(b) of the Act".

PART 245 -- ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

8. The authority citation for part 245 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1255, and 8 CFR part 2.

9. In Sec. 245.1, the first sentence of paragraph (a) is revised to read as follows:

Sec. 245.1 Eligibility.

(a) General . Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application. * * *
* * * * *

10. In Sec. 245.1, paragraph (b) is amended by revising the heading and introductory text, to read as follows:

Sec. 245.1 Eligibility.

* * * * *

(b) Restricted aliens . The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act, unless the alien establishes eligibility under the provisions of section 245(i) of the Act and Sec. 245.10, is not included in the categories of aliens prohibited from applying for adjustment of status listed in Sec. 245.1(c), is eligible to receive an immigrant visa, and has an immigrant visa immediately available at the time of filing the applicat ion for adjustment of status: * * *

* * * * *

11. In Sec.245.1, paragraphs (c) through (g) are redesignated as paragraphs (d) through (h), respectively, and a new paragraph (c) introductory text is added to read as follows:

Sec. 245.1 Eligibility.

* * * * *

(c) Ineligible aliens . The following categories of aliens are ineligible to apply for adjustment of status to that of a lawful permanent resident alien under section 245 of the Act:

* * * * *

12. In Sec. 245.1, paragraphs (b)(7) through (b)(10) are redesignated as paragraphs (c)(1) through (c)(4) respectively; and paragraphs (b)(12) through (b)(14) are redesignated as paragraphs (c)(5) through (c)(7) respectively.

13. In Sec. 245.1, paragraph (b)(11) is redesignated as paragraph (b)(7) and paragraph (b)(15) is redesignated as paragraph (b)(8).

14. In Sec. 245.1, the second sentence of the newly redesignated paragraph (g) is amended by revising the phrase "Department of State Visa Office Bulletin on Availability of Immigrant Visa Numbers" to read: "Department of State Bureau of Consular Affairs Visa Bulletin".

15. In Sec. 245.1, the third sentence of the newly redesignated paragraph (g) is amended by revising the phrase "not later than" to read: "earlier than".

16. In Sec. 245.2, paragraph (a)(3)(iii) is redesignated as paragraph (a)(3)(iv), and a new paragraph (a)(3)(iii) is added to read as follows:

Sec. 245.2 Application.

* * * * *

(a) * * *

(3) * * *

(iii) Under section 245(i) . An alien who seeks adjustment of status under the provisions of section 245(i) of the Act must file Form I-485, with the required fee. The alien must also file Supplement A to Form I-485, with any required additional sum.

* * * * *

17. In Sec. 245.2, paragraph (a)(5)(ii) is amended in the last sentence by revising the reference to "Sec. 245.1(f)" to read: "Sec. 245.1(g)".

18. A new Sec. 245.10 is added to read as follows:

Sec. 245.10 Adjustment of status upon payment of additional sum under Public Law 103-317.

(a) Eligibility . Any alien who is included in the categories of restricted aliens under Sec. 245.1(b) may apply for adjustment of status under section 245 of the Act if the alien:

(1) Is physically present in the United States;

(2) Is eligible for immigrant classification and has an immigrant visa number immediately available at the time of filing for adjustment of status;

(3) Is not excludable from the United States under any provision of section 212 of the Act, or all grounds for excludability have been waived;

(4) Properly files Form I-485, Application to Register Permanent Residence or Adjust Status on or after October 1, 1994, with the fee required for that application;

(5) Properly files Supplement A to Form I-485 on or after October 1, 1994;

(6) Pays an additional sum of five times the fee required for filing Form I-485, unless payment of the additional sum is waived under section 245(i) of the Act; and

(7) Will adjust status under section 245 of the Act to that of a lawful permanent resident of the United States on or after October 1, 1994, and before October 1, 1997.

(b) Payment of additional sum . An applicant filing under the provisions of section 245(i) of the Act must pay the standard adjustment of status filing fee, as shown on Form I-485 and contained in Sec. 103.7(b)(1) of this chapter. The applicant must also pay an additional sum of five times the standard filing fee, unless at the time the application for adjustment of status is filed, the alien is:

(1) Unmarried and less than 17 years of age;

(2) The spouse of a legalized alien, qualifies for and has properly filed Form I-817, Application for Voluntary Departure under the Family Unity Program, and submits a copy of his or her receipt or approval notice for filing Form I-817; or

(3) The child of a legalized alien, is unmarried and less than 21 years of age, qualifies for and has properly filed Form I-817, and submits a copy of his or her receipt or approval notice for filing Form I-817.

(c) Application period . An application for the adjustment of status benefits of section 245(i) of the Act may not be filed before October 1, 1994. An application for the adjustment of status benefits of section 245(i) of the Act cannot be granted on or after October 1, 1997. A prospective applicant who is seeking the benefits of section 245(i) of the Act must file the application sufficiently in advance of October 1, 1997, to ensure that it may be completed before that date.

(d) Adjustment application filed on or after October 1, 1994, without Supplement A to Form I-485 . An adjustment of status applicant will be allowed the opportunity to amend an adjustment of status application filed on or after October 1, 1994, to request consideration under the provisions of section 245(i) of the Act, if it appears that the alien is not otherwise ineligible for adjustment of status. The applicant will be notified in writing of the intent to deny the adjustment of status application unless Supplement A to Form I-485 and any required additional sum is filed within thirty days of the da te of the notice.

(e) Applications for Adjustment of Status filed before October 1, 1994 . The provisions of section 245(i) of the Act shall not apply to an application for adjustment of status that was filed before October 1, 1994. The provisions of section 245(i) of the Act shall also not apply to a motion to reopen or reconsider an application for adjustment of status if the application for adjustment of status was filed before October 1, 1994. If otherwise eligible for adjustment of status under the provisions of section 245(i) of the Act, the alien may file a new application for adjustme nt of status, accompanied by the required filing fee, Supplement A to Form I-485, and any additional sum required by section 245(i) of the Act.

September 30, 1994 _________________ Dated:

Signed _______________________________ Doris Meissner, Commissioner,Immigration and Naturalization Service.

NOTE: This supplement will not appear in the Code of Federal Regulations.

Supplement to the preamble - Supplement A to Form I-485.

Supplement A to Form I-485