8 CFR § 1208.23 - Restoration of status.

---
identifier: "/us/cfr/t8/s1208.23"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "8 CFR § 1208.23 - Restoration of status."
title_number: 8
title_name: "Aliens and Nationality"
section_number: "1208.23"
section_name: "Restoration of status."
chapter_name: "EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE"
subchapter_number: "B"
subchapter_name: "IMMIGRATION REGULATIONS"
part_number: "1208"
part_name: "PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "8 U.S.C. 1101, 1103, 1158, 1226, 1252, 1282; Title VII of Pub. L. 110-229; Pub. L. 115-218."
regulatory_source: "62 FR 10337, Mar. 6, 1997, unless otherwise noted. Duplicated from part 208 at 68 FR 9834, Feb. 28, 2003."
cfr_part: "1208"
---


# 1208.23 Restoration of status.

An alien who was maintaining his or her nonimmigrant status at the time of filing an asylum application and has such application denied may continue in or be restored to that status, if it has not expired.

[62 FR 10337, Mar. 6, 1997. Redesignated at 64 FR 8490, Feb. 19, 1999 and further redesignated at 65 FR 76136, Dec. 6, 2000]