(a) Section 209 of the Act. Any alien granted asylum status will be processed for adjustment under section 209(b) of the Immigration and Nationality Act (the Act), and 8 CFR 209.2. The Refugee Act of 1980 (Pub. L. 92-212) repealed sections 203(a)(7) and 203(g) and (h) of the Act except for the alien who was granted conditional entry before April 1, 1980, or who was paroled before April 1, 1980 as a refugee and is eligible for the benefits of section 5 of Pub. L. 95-412. The Refugee Act of 1980 also amended section 203(g) of the Act, the Indochinese Refugee Adjustment Act (Pub. L. 94-145), and the Cuban Adjustment Act (Pub. L. 89-732), to reduce the required period in the United States from two years to one year.

(b) Paroled natives of Vietnam, Laos, and Cambodia.

(1) Those natives or citizens of Vietnam, Laos, and Cambodia who were paroled as refugees on or after January 1, 1979 and before April 1, 1980 may be adjusted after one year in the United States pursuant to section 5 of Pub. L. 95-412 and 203(g) and (h) of the Act (use Form I-594, Notice to Appear for Adjustment of Status). Note, however, that any Indochinese eligible for retroactive adjustment of the Indochinese Refugee Adjustment Act or any other law is not eligible under section 5 of Pub. L. 95-412.

(2) Those Indochinese natives and citizens who were paroled as refugees prior to January 1, 1979, and who are otherwise qualified under the Indochinese Refugee Adjustment Act, will continue to be processed under that Act, as amended (use Form I-485, Application to Register Permanent Residence or Adjust Status).

(c) Conditional entrants.

(1) Refugees who conditionally entered the United States before April 1, 1980 and have been here one year will continue to be inspected as provided in section 203(g) and (h) of the Act (use Form I-594).

(2) If an applicant classified as a refugee within the proviso of former section 203(a)(7) of the Act has not previously been granted asylum and is now found to be a refugee within the meaning of section 101(a)(42)(A) of the Act, the applicant may be deemed to have been granted asylum as of the date the application for adjustment of status was originally filed under the proviso. If more than one year has passed since the application was originally filed, the alien may be processed for adjustment of status under section 209(b) of the Act.

(d) Applicants under Cuban Adjustment Act. Section 1 of the Cuban Adjustment Act (Pub. L. 89-732) of November 2, 1966, remains in effect. It has been, however, modified by the Refugee Act of 1980 to reduce the required period of physical presence in the United States after inspection and admission or parole from two years to one year. An alien who was paroled into the United States as a refugee under section 212(d)(5) of the Act before April 1, 1980, and who is seeking adjustment of status under section 1 of the Cuban Adjustment Act, is no longer subject to the provisions of paragraphs 212(a)(4) , 212(a)(5)(A) , 212(a)(5)(B) , and 212(a)(7)(A)(i) of the Act. In addition, any other provision of 212(a) of the Act may be waived at the discretion of the district director, with the exception of paragraphs 212(a)(3)(A) , 212(a)(3)(B), 212(a)(3)(C), 212(a)(3)(E), and 212(a)(2)(C) insofar as it relates to drug trafficking (See OI 209.3. ). Therefore, an alien seeking adjustment under section 1 of the Cuban Adjustment Act may renew an application for adjustment which was denied before April 1, 1980, if such denial was based on the alien's excludability under section 212(a) of the Act.

(e) Denied applications under Cuban Adjustment Act. A Cuban whose application under section 1 of the Cuban Adjustment Act was denied because he or she was not inspected and admitted or paroled into the United States is not eligible to renew his or her application and obtain a "nunc pro tunc" asylum status as of the date the denied application was submitted. (It has long been held that an issue shall not acquire validity from a subsequent act). To apply the Refugee Act of 1980 "ex post facto" to the denial notice under section 1 of the Cuban Adjustment Act would be improper. A Cuban under these circumstances should be advised to submit Form I-589, Request for Asylum in the United States, under section 208(a) of the Act. After complying with the physical presence requirement as an asylee, he or she may apply for adjustment of status to permanent resident pursuant to section 209(b) of the Act.

(f) Paroled refugee. Any alien who was processed by the INS abroad and paroled into the United States as a refugee subsequent to April 1, 1980 and before May 17, 1980 shall be considered as having entered the United States as a refugee under section 207(a) of the Act. After one year, such refugee shall be inspected by a Service officer and if found otherwise eligible shall be admitted to the United States for permanent residence pursuant to section 209(a) of the Act and 8 CFR 209.1.