C.F.R. » Title 8 » CHAPTER I—DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER B—IMMIGRATION REGULATIONS › PART 245a—ADJUSTMENT OF STATUS TO THAT OF PERSONS ADMITTED FOR TEMPORARY OR PERMANENT RESIDENT STATUS UNDER SECTION 245A OF THE IMMIGRATION AND NATIONALITY ACT › Subpart B—Legal Immigration Family Equity (LIFE) Act Legalization Provisions

8 C.F.R. § 245a.21

Confidentiality

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(a) No person other than a sworn officer or employee of the Department of Justice or bureau or agency thereof, will be permitted to examine individual applications. For purposes of this part, any individual employed under contract by the Service to work in connection with the LIFE Legalization provisions shall be considered an employee of the Department of Justice or bureau or agency thereof.

(b) No information furnished pursuant to an application for permanent resident status under this Subpart B shall be used for any purpose except:

(1) To make a determination on the application;

(2) For the enforcement of the provisions encompassed in section 245A(c)(6) of the Act, except as provided in paragraphs (c) of this section; or

(3) For the purposes of rescinding, pursuant to section 246(a) of the Act (8 U.S.C. 1256(a)), any adjustment of status obtained by the alien.

(c) If a determination is made by the Service that the alien has, in connection with his or her application, engaged in fraud or willful misrepresentation or concealment of a material fact, knowingly provided a false statement or document in making his or her application, knowingly made a false statement or representation, or engaged in any other activity prohibited by section 245A(c)(6) of the Act, the Service shall refer the matter to the United States Attorney for prosecution of the alien and/or of any person who created or supplied a false statement or document for use in an application for adjustment of status under this Subpart B.

(d) Information contained in granted files may be used by the Service at a later date to make a decision:

(1) On an immigrant visa petition or other status filed by the applicant under section 204(a) of the Act;

(2) On a naturalization application submitted by the applicant;

(3) For the preparation of reports to Congress under section 404 of the Immigration Reform and Control Act of 1986; or

(4) For the furnishing of information, at the discretion of the Attorney General, in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce under 13 U.S.C. 8.

(e) Information concerning whether the applicant has at any time been convicted of a crime may be used or released for immigration enforcement or law enforcement purposes.

Notes of Decisions
Cited in 3 cases, 2007–2010 · leading case: Patel v. Attorney Gen. of US, 599 F.3d 295 (3rd Cir. 2010).
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Patel v. Attorney Gen. of US, 599 F.3d 295 (3rd Cir. 2010). “The Agency implemented a regulation containing substantially similar language at 8 C.F.R. section 245a.21. 2 . There was some debate before the IJ as to whether Patel's filing constituted a request for benefits under section 1104(b) or section 1504(b) of the LIFE Act Amendments…”
Carreon v. Attorney Gen., 288 F. App'x 855 (3rd Cir. 2008). · cites it 5× “See 8 C.F.R. § 245a.21. The IJ was not convinced that the LIFE Act was subject to the same confidentiality requirements as INA § 245(a), nor that Carreon’s voluntary withdrawal of his application for adjustment of status was entitled to confidentiality.”
Khan v. Gonzales, 224 F. App'x 436 (5th Cir. 2007). “§ 1255a(c)(5)(A)(i); LIFE Act, PL 106-553, 2000 HR 4942, *2762A-148; 8 C.F.R. § 245a.21. However, the Immigration Judge’s determination that Khan failed to establish that she filed an application under the LIFE Act is based upon substantial evidence.”
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