TEKLAY

                                                       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) [

(aX2)]—Nonimmigrant—rexnained longer than permitted
ON BEHALF OF RESPONDENT:                          ON BEHALF OF SERVICE:
 James J. Orlow, Esquire                           Richard J. Sharkey
 Orlow, Fuller, Rubin & Steel                      District Counsel
 936 Public Ledger Building
 6th and Chestnut Street
 Philadelphia, Pennsylvania 19106

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, 

 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

                                        437
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