(a) Jurisdiction. When an application for adjustment of status to that of a permanent resident alien under section 209(b) of the Act is made by an alien whose asylum status has not been terminated, the decision on the application shall be made by the district director. If the application for adjustment of status is made after the institution of deportation or exclusion proceedings, the decision on the adjustment application and any relating requests for waivers of inadmissibility shall be made by the immigration judge.

(b) Interview. Each applicant shall appear in person before an immigration officer for an interview. If the applicant cannot understand and speak English, he or she should be advised to bring an interpreter to the interview. The interview may be waived by the district director for children under 14 years of age, if the accompanying parents are themselves applicants for asylum adjustment. The applicant should be questioned concerning the factors described in OI 209.3(c) in order to determine whether the applicant continues to be a refugee. The applicant's physical presence in the United States, for a period or periods in the aggregate of at least one year after having been granted asylum, must be verified.

(c) Asylee adjustment numbers.

(1) Availability of asylee adjustment numbers is controlled by INS, Headquarters. The Office of Refugee, Asylum and Parole at Headquarters issues an asylee adjustment procedures memorandum and a computer print-out of approvable cases in February, June, and October of each year. Prior to approving the adjustment, the most recent memorandum and computer print-out must be consulted to determine whether a number is available for the applicant. If a number is not immediately available, the case must be held in abe yance pending visa number availability.

(2) An asylee, or a spouse or child of an asylee, seeking adjustment under section 104(d) of the Immigration Act of 1990; Pub. L. 101-649, is not subject to the physical presence requirement and is exempt from the numerical restrictions of section 207(a) of the Act. (See 8 CFR 209.2(a)(2). )