TITLE 8 - ALIENS AND NATIONALITY

CHAPTER I - DEPARTMENT OF HOMELAND SECURITY

SUBCHAPTER B - IMMIGRATION REGULATIONS

PART 101 - PRESUMPTION OF LAWFUL ADMISSION

101.5 - Special immigrant status for certain G4 nonimmigrants.

  (a) Application. An application for adjustment to special immigrant status under section 101(a)(27)(I) of the INA shall be made on Form I485.

The application date of the I485 shall be the date of acceptance by the Service as properly filed. If the application date is other than the fee receipt date it must be noted and initialed by a Service officer. The date of application for adjustment of status is the closing date for computing the residence and physical presence requirement. The applicant must have complied with all requirements as of the date of application.

  (b) Documentation. All documents must be submitted in accordance with 103.2(b) of this chapter. The application shall be accompanied by documentary evidence establishing the aggregate residence and physical presence required. Documentary evidence may include official employment verification, records of official or personnel transactions or recordings of events occurring during the period of claimed residence and physical presence. Affidavits of credible witnesses may also be accepted. Persons unable to furnish evidence in their own names may furnish evidence in the names of parents or other persons with whom they have been living, if affidavits of the parents or other persons are submitted attesting to the claimed residence and physical presence. The claimed family relationship to the principle G4 international organization officer or employee must be substantiated by the submission of verifiable civil documents.

  (c) Residence and physical presence requirements. All applicants applying under sections 101(a)(27)(I) (i), (ii), and (iii) of the INA must have resided and been physically present in the United States for a designated period of time.

For purposes of this section only, an absence from the United States to conduct official business on behalf of the employing organization, or approved customary leave shall not be subtracted from the aggregated period of required residence or physical presence for the current or former G4 officer or employee or the accompanying spouse and unmarried sons or daughters of such officer or employee, provided residence in the United States is maintained during such absences, and the duty station of the principle G4 nonimmigrant continues to be in the United States.

Absence from the United States by the G4 spouse or unmarried son or daughter without the principle G4 shall not be subtracted from the aggregate period of residence and physical presence if on customary leave as recognized by the international organization employer. Absence by the unmarried son or daughter while enrolled in a school outside the United States will not be counted toward the physical presence requirement.

  (d) Maintenance of nonimmigrant status. Section 101(a)(27)(I) (i), and (ii) requires the applicant to accrue the required period of residence and physical presence in the United States while maintaining status as a G4 or N nonimmigrant. Section 101(a)(27)(I)(iii) requires such time accrued only in G4 nonimmigrant status.

Maintaining G4 status for this purpose is defined as maintaining qualified employment with a G international organization or maintaining the qualifying family relationship with the G4 international organization officer or employee. Maintaining status as an N nonimmigrant for this purpose requires the qualifying family relationship to remain in effect. Unauthorized employment will not remove an otherwise eligible alien from G4 status for residence and physical presence requirements, provided the qualifying G4 status is maintained.

[54 FR 5927, Feb. 7, 1989]