\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 209 -- ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM \ § Sec. 209.1 Adjustment of status of refugees. (Section 209.1 revised effective 7/6/98; 63 FR 30105)
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Adjustment of status of refugees.
(Section 209.1 revised effective 7/6/98;
63 FR 30105
The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under section
of the Act whose application is based on his or her refugee status.
Every alien in the United States who is classified as a refugee under
8 CFR part 207, whose status has not been terminated, is required to apply to
USCIS one year after entry in order for USCIS to determine his or her admissibility under section
of the Act, without regard to paragraphs (4), (5), and (7)(A) of
section 212(a) of the Act.
Every alien processed by the Immigration and Naturalization Service abroad and paroled into the United States as a refugee after April 1, 1980, and before May 18, 1980, shall be considered as having entered the United States as a refugee under section
of the Act.
Upon admission to the United States, every refugee entrant shall be notified of the requirement to submit an application for permanent residence
one year after entry. An application for the benefits of section
of the Act must be submitted along with the biometrics required by
8 CFR 103.16 and in accordance with the applicable form instructions.
(Revised effective 11/28/11;
Medical examination. A refugee seeking adjustment of status under section
of the Act is not required to repeat the medical examination performed under §
207.2(c), unless there were medical grounds of inadmissibility applicable at the time of admission. The refugee is, however, required to establish compliance with the vaccination requirements described under section
of the Act, by submitting with the adjustment of status application a vaccination supplement, completed by a designated civil surgeon in the United States.
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. (Revised effective 11/28/11;
USCIS will notify the applicant in writing of the decision of his or her application.
There is no appeal of a denial, but USCIS will notify an applicant of the right
to renew the request for permanent residence in removal proceedings under section
of the Act. If the applicant is found to be admissible for permanent residence under section
of the Act, USCIS will approve the application,
admit the applicant for lawful permanent residence as of the date of the alien's
arrival in the United States, and issue proof of such status. (Revised effective
(f) Inadmissible Alien. An applicant who is inadmissible to the
United States as described in 8 CFR 209.1(a)(1), may,
209(c) of the Act, have the grounds of inadmissibility waived by USCIS
except for those grounds under sections
(E) of the Act for humanitarian purposes, to ensure family unity, or when it
is otherwise in the public interested. An application for the waiver may be
requested with the application for adjustment, in accordance with the form
instructions. (Added effective 11/28/11;