(a)     * * *

(2)     Denials . The alien shall be notified in writing of the decision of denial and of the reason(s) therefor. When an adverse decision is proposed, the Service shall notify the applicant of its intent to deny the application and the basis for the proposed denial. The applicant will be granted a period of 30 days from the date of the notice in which to respond to the notice of intent to deny. All relevant material will be considered in making a final decision. If inconsistencies are found between information submi tted with the adjustment application and information previously furnished by the alien to the Service, the alien shall be afforded the opportunity to explain discrepancies or rebut any adverse information. An applicant affected under this part by an adverse decision is entitled to file an appeal on Form I-290B, Notice of Appeal to the Administrative Appeals Office (AAO), with required fee specified in ' 103.7(b)(1) of this chapter. Renewal of employment authorization issued pursuant to ' 245a.13 will be g ranted until a final decision has been rendered on appeal or until the end of the appeal period if no appeal is filed. After exhaustion of an appeal, an alien who believes that the grounds for denial have been overcome may submit another application with fee, provided that the application is submitted on or before June 4, 2003.

* * * * *

12. Section 245a.31 is amended by revising paragraph (c) to read as follows:

§ 245a.31 Eligibility.

* * * * *

(c)     If applying for Family Unity benefits on or after June 5, 2003, he or she is the spouse or unmarried child under the age of 21 of an alien who has filed a Form I-485 pursuant to this Subpart B.

13. Section 245a.34 is amended by revising paragraphs (b) and (c) to read as follows:

§ 245a.34 Protection from removal, eligibility for employment, and period of authorized stay.

* * * * *

(b)     Duration of protection from removal . When an alien whose application for Family Unity benefits under the LIFE Act Amendments is approved, he or she will receive protection from removal, commencing with the date of approval of the application. A grant of protection from removal under this section shall be considered effective from the date on which the application was properly filed.

(1)     In the case of an alien who has been granted Family Unity benefits under the LIFE Act Amendments based on the principal alien's application for LIFE Legalization, any evidence of protection from removal shall be dated to expire 1 year after the date of approval, or the day before the alien's 21st birthday, whichever comes first.

(2)     In the case of an alien who has been granted Family Unity benefits under the LIFE Act Amendments based on the principal alien's adjustment to LPR status pursuant to his or her LIFE Legalization application, any evidence of protection from removal shall be dated to expire 2 years after the date of approval, or the day before the alien's 21st birthday, whichever comes first.

(c)     Employment authorization . An alien granted Family Unity benefits under the LIFE Act Amendments is authorized to be employed in the United States.

(1)     In the case of an alien who has been granted Family Unity benefits based on the principal alien's application for LIFE Legalization, the validity period of the employment authorization document shall be dated to expire 1 year after the date of approval of the Form I-817, or the day before the alien's 21st birthday, whichever comes first.

(2)     In the case of an alien who has been granted Family Unity benefits based on the principal alien's adjustment to LPR status pursuant to his or her LIFE Legalization application, the validity period of the employment authorization document shall be dated to expire 2 years after the date of approval of the Form I-817, or the day before the alien's 21st birthday, whichever comes first.

* * * * *

14. Section 245a.37 is amended by revising paragraph (a)(3) to read as follows:

§ 245a.37 Termination of Family Unity Program benefits.

(a)     * * *

(3)     The alien, upon whose status Family Unity benefits under the LIFE Act were based, fails to apply for LIFE Legalization by June 4, 2003, has his or her LIFE Legalization application denied, or loses his or her LPR status; or

* * * * *

PART 299--IMMIGRATION FORMS

15. The authority citation for part 299 continues to read as follows:

Authority : 8 U.S.C. 1101, 1103; 8 CFR part 2.

16. Section 299.1 is amended in the table by revising the entry for Form "I-485 Supplement D", to read as follows:

§ 299.1 Prescribed forms.

* * * * *

Form No.	Edition Date	Title
I-485 Supplement D		LIFE Legalization Supplement to Form I-485 Instructions.

May 29, 2002 ___________________ Dated:

Signed _____________________________ John Ashcroft, Attorney General

FOOTNOTES

1/     On November 6, 1986, former President Reagan signed into law the Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603. Section 201 of IRCA created a "legalization" program under section 245A of the Act, that allowed for certain aliens to apply for adjustment to temporary resident status, and later to LPR status. The legalization program had a 1-year application period that began on May 5, 1987, and ended on May 4, 1988.

2/     The Service anticipates that all refunds will be delivered by September 3, 2002. If an individual has not received his or refund by September 3, 2002, he or she should contact Lorraine Juiffre at 802-872-6200 ext. 3035.

3/     There are certain aliens who claimed that they attempted to physically tender an application for legalization with a fee during the 1-year IRCA application period, at a Service office, but had that application rejected by the Service for filing. This is commonly referred to as having had an application "front-desked."