7030.2; Delegation of Authority to the Commissioner of U.S. Customs and Border Protection, DHS Delegation No. Secure .gov websites use HTTPS [42] DHS may grant urgent humanitarian or significant public benefit parole only on a case-by-case basis. The fact that a personis a spouse, child, or parent of an active duty member of the U.S. armed forces, a member in the Selected Reserve of the Ready Reserve, or someone who previously served in the U.S. armed forces or the Selected Reserve of the Ready Reserve ordinarily weighs heavily in favor of parole in place. Immigration laws as early as 1875 specified that inspection must occur prior to anoncitizens landing in or entering the United States and that prohibited noncitizens were to be returned to the country from which they came at no cost or penalty to the conveyor or vessel. [9] The litigation resulted in a settlement agreement that continues to be enforced as of January 2023. [^ 98] See Volume 9, Waivers and Other Forms of Relief [9 USCIS-PM]. To qualify, applicants will be required to provide immigration papers that prove their status. [^ 104] The INA 245(c)(2) bar addresses three distinct types of immigration violations. This technical update replaces instances of the term entrepreneur with investor throughout the Policy Manual in accordance with the EB-5 Immigrant Investor Program Final Rule. 891-892. [^ 65] See Duarte v. Mayorkas, 27 F.4th 1044 (5th Cir. [6], Individuals granted refugee and parole status must complete a medical exam and clear security vetting prior to traveling to the United States. SAVE will provide the same response for Ukrainians paroled outside of the Uniting for Ukraine initiative, except the COA will instead be a general parole COA such as DT or PAR. [79] If the applicant did rely on past policy or practice, the officer considers whether retroactive application of the new policy would negatively affect or otherwise burden the applicant due to such reliance (factor 4). USCIS rejects adjustment applications if the application is: Not filed with the correct fee, unless granted a fee waiver; Filed when an immigrant visa is unavailable.[90]. See Velasquez v. Barr (PDF), 979 F.3d 572 (8th Cir. [1] As of February 10, 2020, USCIS had received a total of 28 IEP applications, of which 1 was approved, 22 were denied, 3 were withdrawn, and 2 were pending. [^ 73] See Duarte v. Mayorkas, 27 F.4th 1044, 1061 (5th Cir. Aliens who have obtained advance parole are still subject to the inspection process of the U.S. Customs and Border Protection at the port of entry. See Sections 6, 8, 10, and 11 of the Act of March 3, 1891, 26 Stat. See Chapter 8, Inapplicability of Bars to Adjustment, Section E, Employment-Based Exemption under INA 245(k) [7 USCIS-PM B.8(E)]. Pursuant to Section 212(d)(5)(A) of the Immigration and Nationality Act ("INA"), the Secretary of the Department of Homeland Security ("DHS") may, in her discretion, parole any alien applying for admission into the U.S. Behar Intl. Upon inspection, the officer at the port of entry typically decides one of the following outcomes for the noncitizen: The officer allows them to withdraw his or her application for admission and depart immediately from the United States;[17], The officer denies them admission into the United States; or, The officer defers the inspection to a later time at either the same or another CBP office or a port of entry. [^ 91] See INA 201(b). It is just routine procedure for the inspection officer to endorse a one-year expiration date, but as long as your I-485 is pending and not denied, the I-94 date (and indeed the I-94 . [11] Various obstacles have prevented many qualified individuals from applying and processing bottlenecks have constrained prompt adjudication of cases and kept most others from resettlement. Therefore, whether or not USCIS considers travel under MTINA as an admission after authorized travel or a parole after advance parole will not adversely affect noncitizens with respect to reliance upon Matter of Arrabally. By Liz Robbins. See NC FAST job aid, SAVE Automation Verification, for more information. The first step is to complete form I-313, available from the U.S. Citizen and Immigration Services (USCIS). Before this decision, the U.S. Courts of Appeals in the Sixth Circuit, Eighth Circuit, and Ninth Circuit had ruled that a noncitizen who enters the United States without inspection and who is subsequently granted TPS meets the inspected and admitted or inspected and paroled requirement under INA 245(a). In some cases, explained below, USCIS applies the current policy retroactively and considers past travel to have resulted in an inspection and admission for purposes of INA 245(a), even if the policy or practice in place at the time the travel occurred instructed otherwise. [41], Urgent Humanitarian Reasons or Significant Public Benefit, DHS may parole a noncitizenbased on urgent humanitarian or significant public benefit reasons. [^ 84] The grant of asylum is not an admission contemplated under INA 101(a)(13)(A). [^ 113] INA 245(c)(7) does not apply to VAWA-based applicants, immediate relatives, family-based applicants, or special immigrant juveniles because these noncitizens are not seeking adjustment as employment-based applicants. Permanent Resident Card. [80] In this assessment, the negative impact carries significant weight, and because factors 1 and 2 also weigh against retroactivity, officers should generally avoid retroactive application if the applicant would be harmed. There is no significant reason to it. [^ 74] Determining whether a prior entry was an admission or parole may be necessary, for example, in employment-based adjustment of status applications by noncitizens seeking an exception to the bars to adjustment in INA 245(c)(2), (7), and (8). Where a noncitizenphysically presents himself or herself for questioning and makes no knowing false claim to U.S. citizenship, the noncitizen is considered to have been inspected even though he or she volunteers no information and is asked no questions by the immigration authorities. L. 102-232 (PDF) - Section 302 of the Miscellaneous and Technical Immigration and Nationality Amendments of 1991, G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, I-140,Immigrant Petition for Alien Worker, I-360, Petition for Amerasian, Widow(er), or Special Immigrant, I-485, Application to Register Permanent Residence or Adjust Status, I-526, Immigrant Petition by Standalone Investor, How to Use the USCIS Policy Manual Website (PDF, 2.99 MB). Foreign passport with DHS/CBP admission stamp noting Ukrainian Humanitarian Parolee or "UHP" Form I-765 Employment Authorization Document (EAD) receipt notice with code C11 ; Form I-766 Employment Authorization Document (EAD) with the code C11 ; If you are a non-Ukrainian who lived in Ukraine at the time of the invasion and you have . The applicable grounds of inadmissibility and any available waivers depend on the immigrant category under which the applicant is applying. A Cuban or Haitian passport with a 212(d)(5) stamp dated after October 10, 1980. See Part A, Adjustment of Status Policies and Procedures, Chapter 10, Legal Analysis and Use of Discretion [7 USCIS-PM A.10]. Ask a lawyer - it's free! See 8 CFR 235.2(c). [10], Inspection is the formal process of determining whether a noncitizenmay lawfully enter the United States. For U.S. Citizens/Lawful Permanent Residents, U.S. Official websites use .gov [^ 37] See INA 101(a)(13)(B) and 212(d)(5)(A). Legislative history does not elaborate on the meaning of lawful.. United States. [^ 4] As originally enacted, INA 245(a) made adjustment available only to a noncitizenwho was lawfully admittedas a bona fide nonimmigrant and who is continuing to maintain that status. See Immigration and Nationality Act of 1952, Pub. If the Principal Applicant (in H-1B, L-1A, or L-1B status) reenters the U.S. pursuant to a valid Advance Parole document, he/she will be paroled into the U.S. Any dependent family members with pending adjustment applications who had been maintaining H-4 or L-2 status will not be permitted to reenter the U.S. with a valid H-4 or L-2 visa stamp . See Cruz Miguel v. Holder, 650 F.3d 189 (2nd Cir. See Pub. [4] Since 1960, the courts, legacy Immigration and Naturalization Service, and USCIS have read the statutory language inspected and admitted or paroled as: This requirement must be satisfied before the noncitizen applies for adjustment of status. [49], Conditional parole is also known as release from custody. If Form I-512 indicates no specific authorization date, the parole should be valid for a maximum period of 1 year from the date parole was granted at the Port of Entry. Non-SI Parolees may have a Form I-766, EAD, with a C11 category or a CBP "PAROLED" stamp in their passport. Furthermore, an immigrant visa must be available for issuance on the date USCIS approves any adjustment application. U No Passport Required . Upon returning from abroad, TPS beneficiaries with advance parole documents were inspected and, if eligible, paroled into the United States. [1], Humanitarian parole is granted only in exceptional circumstances and on a case-by-case basis at the discretion of the DHS. [^ 41] See legacy Immigration and Naturalization Service (INS) General Counsel Opinion 94-28, 1994 WL 1753132 (whether deferred inspection constitutes parole for purposes of adjustment of status under INA 245). L. 104-208 (PDF), 110 Stat. Because the spouse and children do not have an independent basis to adjust status apart from their relationship to the principal immigrant, they are dependents of the principal for purpose of eligibility for adjustment of status. [75], Five-Factor Test for Retroactivity Determination (Retail Union Test), The officer must apply the following five-factor test in any retroactivity determination for adjustment of status applications arising outside of the Fifth Circuit:[76]. eligible parole period to July 31, 2021, through September 30, 2023. A .gov website belongs to an official government organization in the United States. Some of these passports may have an "OAR" notation in the parole stamp. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. [40], The grant of parole for a deferred inspection satisfies the inspected and paroled requirement for purposes of adjustment eligibility. [8] Advocates sued the Trump administration for terminating the CAM Program unlawfully in a case called S.A. v. 1 attorney answer. [14], In general, if the noncitizen presents himself or herself for questioning in person, the inspection requirement is met. Under these parole programs, nationals of the four countries who are outside the United States may apply for advance permission to travel to the United States and enter through a grant of parole. Upon return, these aliens may be found inadmissible, their applications may be denied, or both. See8 CFR 244.10(f)(2)(iv). 2) If my case is denied before 1/2/2020, can I adjust status to other things? Form I-94 or Cuban or Haitian passport with a Department of Homeland Security or legacy Immigration and Naturalization Service stamp noting "parole under 212(d)(5)." Form I-766, Employment Authorization Document (EAD), with category code "C11" or "A04." The C11 code indicates that the individual was paroled into the United States. Citizenship and Immigration Services and the U.S. Department of Homeland Security Uniting for Ukraine webpages provide information about eligibility and how to apply for Ukrainian Humanitarian Parole. DHS is using this code to distinguish Afghan parolees from other parolees; however, this notation alone does not give special immigrant status. If the family member is granted parole, the family member would then be allowed to enter the U.S. before their immigrant visas were available. Some Afghan non-SI Parolees may have an OAR, OAW, or DT notation in the parole stamp of their passport. A noncitizenmust meet certain eligibility requirements to adjust status to that of a lawful permanent resident (LPR). Posted on Dec 1, 2021. For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review, Section C, Verify Visa Availability [7 USCIS-PM A.6(C)]. See8 CFR 244.10(f)(2)(iii). Generally, the stamp shows: a "Parole Unit" designation or the stamp header "PAROLED;" a purpose of parole (e.g., "Public Interest") or a class of admission indicating parolee status (e.g., CP or OP); and; a port of entry, action date, and inspector stamp number. A noncitizenseeking employment during the pendency of his or her adjustment applicant must fully comply with the requirements of INA 274A and 8 CFR 274a. [30] The following are other types of documentation that may be accepted as proof of admission into the United States: Admission stamp in passport, which may be verified using DHS systems; Employment Authorization Card (Form I-688A), for special agricultural worker applicants, provided it was valid during the last claimed date of entry on the adjustment application; Temporary Resident Card (Form I-688), for special agricultural workers or legalization applicants granted temporary residence, provided it was valid during the last claimed date of entry on the adjustment application; and. In some cases, a noncitizenmay claim that he or she arrived at a port of entry and presented himself or herself for inspection as a noncitizen, but the inspector waved (allowed to pass) him or her through the port of entry without asking any questions. [^ 76] The five-factor test formulated by the D.C. The noncitizen may also be inadmissible for unlawful presence after previous immigration violations. [^ 124] Notwithstanding INA 245(c)(2), INA 245(c)(7), and INA 245(c)(8), the officer should treat a noncitizenwho meets the conditions set forth in INA 245(k) in the same manner as an applicant under INA 245(a). [^ 40] CBP generally creates either an A-file or T-file to document the deferred inspection. Widow(er)s of U.S. citizens and noncitizens admitted to the United States as a fianc(e) or child of a fianc(e) of a U.S. citizen may also be considered immediate relatives if they meet certain conditions. [^ 75] See Pub. LockA locked padlock [15], In May 2018, DHS published a proposed rule to remove those IEP regulations. The I-94 will show that the individual is a Ukrainian citizen or national who is paroled in the U.S. under Section 212(d)(5) of the INA. More . [6] In order for any household member to be eligible, the "qualifying child" must be under the age of 21 at the time of application, unmarried, and a national of El Salvador, Guatemala, or Honduras and physically located in the country of origin or another of the three countries. Website. [^ 100] Even if noncitizens are barred from adjusting under INA 245(a), they may still adjust under another statutory basis as long as they meet the applicable eligibility requirements. [^ 78] See Retail, Wholesale and Department Store Union AFL-CIO v. NLRB, 466 F.2d 380, 390 (D.C. Cir. Aliens who have pending applications for certain immigration benefits need Advance Parole to re-enter the U.S. after traveling abroad. Chapter 8 - Inapplicability of Bars to Adjustment, Chapter 2 - Lawful Permanent Resident Admission for Naturalization, Volume 1 - General Policies and Procedures, Volume 9 - Waivers and Other Forms of Relief, Volume 11 - Travel and Identity Documents, Volume 12 - Citizenship and Naturalization, Volume 3 - Humanitarian Protection and Parole, Chapter 5 - Conditional Permanent Resident Spouses and Naturalization, Part A - Adjustment of Status Policies and Procedures, Part F - Special Immigrant-Based (EB-4) Adjustment. INA 244, 8 CFR 244 - Temporary protected status, INA 245(c) - Bars to adjustment of status, INA 245(i), 8 CFR 245.10 - Adjustment of status of certain aliens physically present in the United States, INA 245(k) - Inapplicability of certain provisionsfor certain employment-based immigrants, Pub. See legacy INS General Counsel Opinion, expressed by INS Central Office, Deputy Asst. [^ 12] See INA 231-235 and INA 275. Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page (bottom on the App), as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive . Refugee travel . [^ 1] See Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions, Section B, Definition of Properly Filed [7 USCIS-PM A.3(B)]. For example, the noncitizen may be inadmissible and removable. Some of these passports may have an "OAR" notation in the parole stamp. with Class of Admission: OAR, UHP, or . A departure will be recorded if you depart via land and re-enter the United States prior to the expiration date stamped in your passport. 1733, 1749 (December 12, 1991), as amended. The spouse and children of certain family-based, employment-based, and Diversity Immigrant Visa adjustment applicants may also obtain LPR status through their relationship with the principal applicant. These students may have a Form I-766, Employment Authorization Document (EAD), with a C11 category or a CBP "PAROLED" stamp in their passport. Citizenship and Immigration Services, Fact Sheet: DHS Efforts to Assist Ukrainian Nationals, Foreign passport with parole stamp that includes a UHP COA; or. See Retail, Wholesale and Department Store Union AFL-CIO v. NLRB, 466 F.2d 380, 390 (D.C. Cir. Normally, this process will take about 10 minutes. A grant of temporary protected status (TPS)[55] is not, in itself, an admission for purposes of adjustment underINA 245(a).[56]. Additionally, a spouse or child of any Afghan humanitarian parolee described above, who is paroled into the United States after September 30, 2022, is entitled to the same benefits and assistance. DHS recently began using this code to help distinguish these Afghans from other parolees. Foreign passport with DHS/CBP admission Form I-94 noting humanitarian parole (per INA section 212(d)(5) or 8 U.S.C. When an applicant submits only an admission stamp or parole stamp in an unexpired foreign passport, follow these steps to enter the evidence in SSNAP (for a description of only an admission stamp or parole stamp, see RM 10211.135D and RM 10211.195).. On the "Proof of Legal Alien Status" screen, select "ADM Stamp in Unexp Foreign Passport" from the Primary DHS Document drop-down menu. [101], Only most recent permission to land, or admission prior to filing for adjustment, In Unlawful Immigration Status on the Date the Adjustment Application is Filed, Who Failed to Continuously Maintain Lawful Status Since Entry into United States[103], Who Continues in, or Accepts, Unauthorized Employment Prior to Filing for Adjustment, All entries and time periods spent in the United States (departure and return does not remove the ineligibility)[105], Admitted in Transit Without a Visa (TWOV), Only most recent admission prior to filing for adjustment, Admitted as a Nonimmigrant Without a Visa under a Visa Waiver Program[109], Who is Deportable Due to Involvement in Terrorist Activity or Group[111], All entries and time periods spent in the United States, Seeking Adjustment in an Employment-based Immigrant Category and Not in a Lawful Nonimmigrant Status, Immediate relatives and other family-based applicants, Who has Otherwise Violated the Terms of a Nonimmigrant Visa[115], Who has Ever Engaged in Unauthorized Employment[116], All entries and time periods spent in the United States (departure and return does not remove the ineligibility)[118]. [^ 86] Any documentary evidence of admission should be consistent with entry information provided in the adjustment application or in oral testimony and should not contradict any other admission or departure evidence in DHS records. Share sensitive information only on official, secure websites. If you are not a resident of Canada or Mexico and you receive an electronic I-94 and depart via land but do not re-enter the United States prior to the expiration date stamped on your passport, you may want . A "parole stamp" box will be stamped at POE upon return to the US. 1809 (2021). [5] Individuals determined to be ineligible for refugee status are automatically considered for parole on a case-by-case basis for urgent humanitarian reasons or for significant public benefit. You should bring proof of your humanitarian parole and the date you received it. Enumeration applications for individuals with the appropriate documentation and a COA of UHP should be processed through SSNAP following normal procedures. An Arrival/Departure Record (Form I-94), including a replacement[29] when appropriate, is the most common document evidencing a noncitizens admission. This updated policy guidance applies to the following individuals so long as their parole has not expired or been terminated: These parolees can present a copy of their electronic Form I-94, Arrival/Departure Record, from the U.S Customs and Border Protection I-94 website at i94.cbp.dhs.gov. 1 USCIS-PM - Volume 1 - General Policies and Procedures, 7 USCIS-PM - Volume 7 - Adjustment of Status, 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief, 10 USCIS-PM - Volume 10 - Employment Authorization, 11 USCIS-PM - Volume 11 - Travel and Identity Documents, 12 USCIS-PM - Volume 12 - Citizenship and Naturalization. 7010.3. A .gov website belongs to an official government organization in the United States. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. Review our. 3009, 3009-575 (September 30, 1996). [98], An applicant may not be eligible to apply for adjustment of status if one or more bars to adjustment applies. 7 USCIS-PM A.2 - Chapter 2 - Eligibility Requirements, 12 USCIS-PM G.5 - Chapter 5 - Conditional Permanent Resident Spouses and Naturalization. [5] In its current form, the CAM Program allows parents or legal guardians 18 years of age or older who are in the United States as lawful permanent residents, or with Temporary Protected Status, parole for more than one year, deferred action for more than one year, deferred enforced departure, withholding of removal, or with a pending asylum application or U visa petition filed prior to May 15, 2021, to apply for their children and other eligible family members to come to the United States as refugees or parolees. When entering the U.S., a passport should be endorsed with the parole stamp. Some bars to adjustment may overlap in their application, despite their basis in separate sections of the law. 23, 1997). Refugee Admissions Program, and flexibilities to help people in extreme situations such as the invasion of Ukraine. [10] Since restarting the Program, it has operated at a fraction of the capacity that it did in its first years. [59], Admission Following Travel Abroad with Prior Consent, TPS beneficiaries may travel abroad temporarily with the prior consent of DHS under INA 244(f)(3). See Matter of V-X- (PDF), 26 I&N Dec. 147 (BIA 2013). v. Joseph R. Biden, Jr., et al", "Filipino World War II Veterans Parole Program", "USCIS Final Rule on Parole for Start-ip Entrepreneurs", "What's in Biden's latest budget offer: Climate programs and universal preschool, but no paid leave", "House outlines immigration provisions in latest Build Back Better package", "8 CFR 245.2(a)(4)(ii)(C), July 1, 1999", https://en.wikipedia.org/w/index.php?title=Parole_(United_States_immigration)&oldid=1138230873, Pages using multiple image with auto scaled images, Wikipedia articles incorporating text from the Congressional Research Service, Creative Commons Attribution-ShareAlike License 3.0. an application for adjustment of status pending. USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. This is a separate and distinct process from parole and does not meet the inspected and paroled requirement for adjustment eligibility. An officer may find that an adjustment applicant satisfies the inspected and admitted requirement based on a claim that he or she was waved through at a port of entry if: The applicant submits evidence to support the claim, such as third-party affidavits from those with personal knowledge of the facts stated in the affidavits and corroborating documentation; and, The officer determines that the claim is credible. [^ 114] If an employment-based adjustment applicant is eligible for the INA 245(k) exemption, then he or she is exempted from the INA 245(c)(7) bar to adjustment. The noncitizen who enters by making a false claim to LPR status at a port of entry and who is permitted to enter is inadmissible for presence without admission or parole (INA 212(a)(6)(A)(i)) and fraud and misrepresentation (INA 212(a)(6)(C)(i)). Applicants may also obtain Form I-94 by filing an Application for Replacement/Initial Nonimmigrant Arrival-Departure Record (Form I-102), with USCIS. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. [^ 67] See Matter of Z-R-Z-C-, Adopted Decision 2020-02 (AAO Aug. 20, 2020) (PDF, 268.36 KB), PM-602-0179, issued August 20, 2020, rescinded July 1, 2022. See 8 CFR 103.2(b). The applicant must be eligible to receive an immigrant visa. This is the document that you received when you entered the United States. You must speak with an attorney to discuss your . Looking for U.S. government information and services? Foreign passport with an approved I-94 Arrival/Departure Record.