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DOJ/INS RIN: 1115-AF91 Publication ID: Fall 2000 
Title: ●Adjustment of Status to That of Person Admitted for Permanent Residence; Sunset Date Under Section 245(i) of the Immigration and Nationality Act 
Abstract: The Immigration and Naturalization Service proposes to amend its regulations on eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act to add the January 15, 1998, sunset date set by Public Law 105-119. In so doing the Service adopts the "alien based reading" which grandfathers the alien rather than a visa petition or application for labor certification properly filed prior to the sunset date. Section 245(i) of the Immigration and Nationality Act allows an alien who entered the United States without inspection or who is in violation of section 245(c) of the Act to adjust status if the alien is the beneficiary of a visa petition filed with the Attorney General, or an application for labor certification filed with the Secretary of labor, prior to January 15, 1998, upon payment of a penalty fee of $1,000.00. This rule provides guidance on the standard for review of the pre-January 15, 1998, filings for both family and employment-based immigrant visa petitions well as applications for labor certification, and clarifies the effect of the January 15, 1998, sunset date on eligibility to apply as a grandfathered alien. Finally, this rule provides guidance concerning eligibility for and the acceptance of applications for adjustment of status under section 245(k) of the Act. Section 245(k) of the Act states that an alien who is eligible to receive an immigration visa may request an adjustment of status upon the following conditions: (1) if the alien, on the date of filing an application for adjustment of status, is present in the United States pursuant to a lawful admission, and (2) if the alien, subsequent to such lawful admission has not, for an aggregate period exceeding 180 days failed to maintain continuously a lawful status, engage in unauthorized employment or otherwise violated the terms and conditions of the alien's admission. 
Agency: Department of Justice(DOJ)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 103    8 CFR 205    8 CFR 245   
Legal Authority: 8 USC 1101    8 USC 1103    8 USC 1201    8 USC 1252    8 USC 1252b    8 USC 1304    8 USC 1356   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule With Comments  03/00/2001    
Additional Information: INS No. 2078-00
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Sectors Affected: 001 None 
Agency Contact:
Frances A. Murphy
Adjudications Officer, Adjudications Division
Department of Justice
Immigration and Naturalization Service
Room 3214, 425 I Street NW,
Washington, DC 20536
Phone:202 514-4754