Interim Decision *3027 

MATTER OF TEKLAY 

In Deportation Proceedings 

A-15175020 

Decided by Board May 22, 1987 

Orders of the Board of Immigration Appeals which provided that applications for 

legalization would have to be "filed within 30 days of the date designated by the 

Attorney General for the initial acceptance of applications" are clarified to provide 

that the 30-day filing period is only required as specifically mandated by the Immigration and Naturalization Service's final rules. 

CHARGE: 

Order: Act of 1952—Sec. 241(aX2) [8 U.S.C. § 1251(aX2)]—Nonimmigrant—rexnained longer than permitted 

ON BEHALF OF RESPONDENT: 

James J. Orlow, Esquire 

Orlow, Fuller, Rubin & Steel 

936 Public Ledger Building 

6th and Chestnut Street 

Philadelphia, Pennsylvania 19106 

ON BEHALF OF SERVICE: 

Richard J. Sharkey 

District Counsel 

BY: Milhollan, Chairman; Dunne, Morris, Vacca, and Heilman, Board Members 

On March 27, 1957, pursuant to a stipulation of the parties, the 

proceedings on appeal in this case were ordered continued. indefinitely without further action by the Board of Immigration Appeals 

pending the respondent's opportunity to apply and be considered 

for legalisation under the provisions of section 201 of the Immigration Reform and Control Act of 1986, Pub. L. No. 99-603, 100 Stat 

3359, 3394. The March 27, 1987, order will be further considered 

and clarified on our own motion. 

The March 27, 1987, order preceded the issuance by the Immigration and Naturalization Service of the final rules governing applications for legalization. The order provided that any application 

would have to be "submitted pursuant to the regulations to be published regarding applications for legalization." It was also stated 

that the application would have to be "filed within 30 days of the 

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Interim Decision #3027 

date designated by the Attorney General for the initial acceptance 

of applications." This latter provision was intended to be cautionary le., to guard against the possibility that a 30-day filing requirement would be imposed and the alien not become aware of this significant time restriction. 

The Service has now promulgated the final rules regarding applications for legalization. See 52 Fed.. Reg. 16, 205-216 (1987) (to be 

codified at 8 C.F.R. § 245a). The regulations do not require aliens, 

such as the respondent, who were either apprehended by the Service before November 6, 1986, or were the subject of Orders to Show 

Cause issued before November 6, 1986, to file applications for legalization within 30 days of May 5, 19E7, the date designated for the 

initial acceptance of such applications. Accordingly, our March 27, 

1987, order in this case, and all other Board orders in which this 

30-day filing period was referenced, are clarified to provide that the 

Service regulations govern applications for legalization. The application period set forth in the regulations is controlling and the 

filing of an application within 30 days is only required as specifically mandated by the regulations. See 13 C.F.R. § 245a.2 (1988). 

ORDER: On reconsideration, the Board's March 27, 1987, 

order is reinstated as clarified herein. 

438