8 C.F.R. § 245a.31
Eligibility
An alien who is currently in the United States may obtain Family Unity benefits under section 1504 of the LIFE Act Amendments if he or she establishes that:
(a) He or she is the spouse or unmarried child under the age of 21 of an eligible alien (as defined under § 245a.10) at the time the alien's application for Family Unity benefits is adjudicated and thereafter;
(b) He or she entered the United States before December 1, 1988, and resided in the United States on such date; and
(c) If applying for Family Unity benefits on or after June 5, 2003, he or she is the spouse or unmarried child under the age of 21 of an alien who has filed a Form I-485 pursuant to this Subpart B.
Notes of Decisions
Cited in 2
cases, 2007–2010 · leading case: Patel v. Attorney Gen. of US, 599 F.3d 295 (3rd Cir. 2010).
Patel v. Attorney Gen. of US, 599 F.3d 295 (3rd Cir. 2010). “See LIFE Act Amendments § 1504; 8 C.F.R. § 245a.31. To encourage eligible aliens to seek lawful residency status, section 1104(c)(5) of the LIFE Act afforded applicants protection under INA § 245A(e)(5) [8 U.”
Shafiq v. U.S. Dep't of Just., 249 F. App'x 241 (2d Cir. 2007). “Under 8 C.F.R. § 245a.31, which implements the Family Unity Amendments to the LIFE Act, certain spouses and unmarried children of aliens eligible to adjust status under 8 C.”
— 8 C.F.R. § 245a.31(b) — 1 case
Shafiq v. U.S. Dep't of Just., 249 F. App'x 241 (2d Cir. 2007). “Under 8 C.F.R. § 245a.31, which implements the Family Unity Amendments to the LIFE Act, certain spouses and unmarried children of aliens eligible to adjust status under 8 C.”
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