---
kind: "section"
citation: "8 C.F.R. § 236.12"
title: "8"
number: "236.12"
heading: "Eligibility."
url: "https://uscodex.org/cfr/8/236.12"
---

# §236.12. Eligibility.

- (a) **General.** An alien who is not a lawful permanent resident is eligible to apply for benefits under the Family Unity Program if he or she establishes:
  - (1) That he or she entered the United States before May 5, 1988 (in the case of a relationship to a legalized alien described in subsection (b)(2)(B) or (b)(2)(C) of section 301 of IMMACT 90), or as of December 1, 1988 (in the case of a relationship to a legalized alien described in subsection (b)(2)(A) of section 301 of IMMACT 90), and has been continuously residing in the United States since that date; and
  - (2) That as of May 5, 1988, (in the case of a relationship to a legalized alien described in subsection (b)(2)(B) or (b)(2) (C) of [section 301](/cfr/8/301.md) of IMMACT 90) or as of December 1, 1988, (in the case of a relationship to a legalized alien described in subsection (b)(2) (A) of [section 301](/cfr/8/301.md) of IMMACT 90), he or she was the spouse or unmarried child of a legalized alien, and that he or she has been eligible continuously since that time for family-sponsored immigrant status under [section 203(a)](/cfr/8/203.md?p=a) (1), (2), or (3) or as an immediate relative under section 201 (b)(2) of the Act based on the same relationship.
- (b) **Legalization application pending as of May 5, 1988 or December 1, 1988.** An alien whose legalization application was filed on or before May 5, 1988 (in the case of a relationship to a legalized alien described in subsection (b)(2)(B) or (b)(2)(C) of section 301 of IMMACT 90), or as of December 1, 1988 (in the case of a relationship to a legalized alien described in subsection (b)(2)(A) of section 301 of IMMACT 90), but not approved until after that date will be treated as having been a legalized alien as of May 5, 1988 (in the case of a relationship to a legalized alien described in subsection (b)(2)(B) or (b)(2)(C) of section 301 of IMMACT 90), or as of December 1, 1988 (in the case of a relationship to a legalized alien described in subsection (b)(2)(A) of section 301 of IMMACT 90), for purposes of the Family Unity Program.

## Notes

### Amendments

[62 FR 10360, Mar. 6, 1997, as amended at 65 FR 43679, July 14, 2000]

### Authority

Authority: 5 U.S.C. 301, 552, 552a; 6 U.S.C. 112(a)(2), 112(a)(3), 112(b)(1), 112(e), 202, 251, 279, 291; 8 U.S.C. 1103, 1182, 1224, 1225, 1226, 1227, 1231, 1232, 1324a, 1357, 1362, 1611; 18 U.S.C. 4002, 4013(c)(4); 8 CFR part 2.

### Source

Source: 62 FR 10360, Mar. 6, 1997, unless otherwise noted.

### Amendments

[62 FR 10360, Mar. 6, 1997, as amended at 65 FR 43679, July 14, 2000]