8 C.F.R. § 245.4
Documentary requirements
The provisions of part 211 of this chapter relating to the documentary requirements for immigrants shall not apply to an applicant under this part.
Notes of Decisions
Cited in 14
cases, 1966–2016 · leading case: Ronaldo Marques v. Loretta Lynch, 834 F.3d 549 (5th Cir. 2016).
Ronaldo Marques v. Loretta Lynch, 834 F.3d 549 (5th Cir. 2016). “§ 2Jp54 In a Federal Rule of Appellate Procedure 28(j) letter, Marques referred to 8 C.F.R. § 245.4 but, consistent with that rale, did not meaningfully brief its effect.”
Guiragossian, 17 I. & N. Dec. 161 (BIA 1979). “Interim Decision #2740 MATTER OF GUIRAGOSSIAN In Deportation Proceedings A-14921306 Decided by Board October 31, 1979 (1) Notwithstanding the requirement of 8 C.F.R. 245.4 that an application for classifica- tion as a refugee pursuant to the proviso of section 203(a)(7) of the…”
Cheng Fan Kwok v. Immigr. & Naturalization Serv., Chan Kwan Chung v. Immigr. & Naturalization Serv., 381 F.2d 542 (3rd Cir. 1967). “The district director denied the application, stating that under the published regulations of the Service, 8 C.F.R. § 245.4 , adjustment of status under § 203(a) (7) is governed by § 245 and that crewmen are excluded from adjusting their status under § 245.”
Tai Mui v. Esperdy, 263 F. Supp. 901 (S.D.N.Y. 1966). “Plaintiff then brought this action which seeks a judgment declaring that he is entitled to apply to adjust his status under Section 203(a) (7), that he is entitled to such relief, and that the regulations, particularly 8 CFR § 245.4 , which make him ineligible for such relief,…”
Chavarri-alva, 14 I. & N. Dec. 298 (BIA 1973). “" We need not pause to consider whether respondent, while in the United States, is eligible to apply for section 202(aX7) conditional entry under 8 CFR 235.”
Yeung, 16 I. & N. Dec. 370 (BIA 1977). “See 8 C.F.R. 245.4. The determination as to whether an alien is entitled to this preference is made by the District Director.”
Luen Kwan Fu v. Immigr. & Naturalization Serv., 431 F.2d 73 (2d Cir. 1970). “” By regulation, 8 C.F.R. § 245.4 , the District Director is *75 charged with determining the refugee status of an alien present within the United States.”
Wong Pak Yan v. Rinaldi, 429 F.2d 151 (3rd Cir. 1970). “4 of the Immigration Regulations, 8 CFR § 245.4 , provides in its first sentence: “The provisions of Section 245 of the Act and this part shall govern the adjustment of status provided for in the proviso to section 203(a) (7) of the Act.”
Chai, 12 I. & N. Dec. 81 (BIA 1967). “The application is filed with the District Director pursuant to 8 CFR 245.4, in connection with an application for adjustment of status under section 245 of the Immi- gration and Nationality Act, as amended, in deportation proceedings before a special inquiry officer.”
Garcia-meijides, 12 I. & N. Dec. 75 (BIA 1967). “As we previously pointed out, this is a matter which the regulations (8 CFR 245.4) place solely within the authority of the District Director, as follows : * a * the determination as to ' whether an alien is entitled to the claimed preference status shall be made by the District…”
Ahmad v. Morris, 461 F. Supp. 123 (E.D. Pa. 1978). “Either determination would be sufficient to deny the application. I find that there are no material issues of fact as to the first conclusion and that as a matter of law plaintiff was not eligible for refugee classification.”
Wong Pak Yan v. Dominick Rinaldi, as Dist. Dir. of the Immigr. & Naturalizationservice of New Jersey. Wu Chun Hin v. Dominick Rinaldi, as Dist. Dir. of the Immigr. & Naturalizationservice of New Jersey, 429 F.2d 151 (3rd Cir. 1970). “4 of the Immigration Regulations, 8 CFR 245.4, provides in its first sentence: 8 'The provisions of Section 245 of the Act and this part shall govern the adjustment of status provided for in the proviso to section 203(a)(7) of the Act.”
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