This rule adopts without change an interim rule published in the Federal Register by the Immigration and Naturalization Service and the Executive Office for Immigration Review on November 25, 1996, which amended Department of Justice regulations that limit discretion to grant an application for relief under section 212(c) of the Immigration and Nationality Act (the Act) by expanding the class of aliens eligible for section 212(c) relief. Although Congress recently limited the availability of section 212(c) relief, certain classes of aliens remain eligible. This rule allows a 212(c) eligible alien who has adjusted to lawful permanent resident status, pursuant to sections 245A or 210 of the Act, to use the combined period of his or her status as a lawful temporary resident and lawful permanent resident to establish seven (7) years of lawful domicile in the United States for purposes of eligibility for section 212(c) relief. This rule will provide uniformity between the regulation and case law.
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