40, October 10, 1986, pp. [13] A noncitizenwho arrives at a port of entry and presents himself or herself for inspection is an applicant for admission. Eligibility of Afghanistan nationals paroled into the United States for REAL ID compliant driver's licenses and identification cards. [^ 65] See Duarte v. Mayorkas, 27 F.4th 1044 (5th Cir. While factors 1 and 2 may weigh against retroactive application of this policy change, factor 5 generally weighs in favor of retroactive application. The Supreme Court decision in Sanchez overrules the rulings of the Sixth, Eighth, and Ninth Circuits; therefore, on or after June 7, 2021, a grant of TPS is no longer an admission for adjustment of status purposes in any circuit. 891-892. The diversity visa lottery is conducted by the U.S. Department of State. Parole (United States immigration) Parole stamps applied by United States Customs and Border Protection officers to the passports of two foreign nationals, indicating they were allowed to enter the United States because of Advance Parole permission previously issued by United States Citizenship and Immigration Services. 1972) (citing SEC v. Chenery Corp., 332 U.S. 194 (1947)) (explaining that courts must assess whether retroactivity would produce more mischief than the ill effects of continuing to enforce a rule which is contrary to statutory design or legal and equitable principles). USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. 1927). See INA 212(a)(6)(A)(i) and INA 212(a)(9)(C). 2) A national of Cuba or Haiti who was paroled into the United States and . Legislative history does not elaborate on the meaning of lawful.. See Ramirez v. Brown (PDF), 852 F.3d 954 (9th Cir. United States. [^ 51] See Authorization for Parole of an Alien into the United States (Form I-512 or I-512L). [^ 87] See 8 CFR 103.2(b). In such cases, the officer should address each applicable adjustment bar in the denial notice. [68], Retroactive Application of Current Policy. U.S. Foreign passport with parole stamp that includes an OAR, UHP, or DT COA; or; Form I-766, Employment Authorization Document (EAD) with a C11 category, if they have applied for and . 5. See 8 CFR 235.2(c). [^ 56] On June 7, 2021, the Supreme Court held that a grant of TPS is not an admission, stating that where a noncitizen was not lawfully admitted or paroled, TPS does not alter that fact. See Sanchez v. Mayorkas (PDF), 141 S.Ct. What does it mean? Additionally, USCIS applies the holding of Matter of Arrabally and Yerrabelly (PDF), 25 I&N Dec. 771 (BIA 2012)that a noncitizen who leaves the United States temporarily with advance parole does not make a departure from the United States within the meaning of INA 212(a)(9)(B)(i)(II)to noncitizens who leave the United States with authorization under INA 244(f)(3), as the Boards reasoning is equally applicable to TPS-authorized travel and return under MTINA. We kept the AP document safely at home. [^ 77] The former rule meaning prior USCIS or INS legal interpretation, policy, or practice regarding the effect of TPS-authorized travel. See Chapter 8, Inapplicability of Bars to Adjustment, Section E, Employment-Based Exemption under INA 245(k) [7 USCIS-PM B.8(E)]. This is a separate and distinct process from parole and does not meet the "inspected and paroled" requirement for adjustment eligibility. [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. [1], Among the categories of parole are port-of-entry parole, humanitarian parole, parole-in-place, removal-related parole, and advance parole (typically requested by persons inside the United States who need to travel outside the U.S. without abandoning status, such as applicants for LPR status, holders of and applicants for TPS, and individuals with other forms of parole). 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)]. [12], In January 2022, fifteen states, led by Texas Attorney General Ken Paxton, filed a lawsuit seeking to end the program and to block eligible children fleeing violence from obtaining a safe and legal path for protection in the United States. When the customs agent at Kennedy International Airport stamped Jenifer Guzman Gonzalez's Mexican passport on Monday, Ms . [13] In May 2022, two parents actively seeking CAM protection for their children intervened in the lawsuit as defendants to present evidence of the program's impact. I just travelled abroad and reentered the US this week having visited family and noticed the parole stamp I was given in my passport is 1 year from the date I entered (April 2023), however my EAD/AP card expires in December 2023. . 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). Some Afghan non-SI Parolees may have an OAR, OAW, or DT notation in the parole stamp of their passport. When inspected and admitted to the United States, the following nonimmigrants are exempt from the issuance of an Arrival/Departure Record:[32]. [5] If a person is approved for parole, they may lawfully enter and live temporarily in the U.S. without accruing unlawful presence for the parole period. [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. So you can safely ignore the date on your I-94. Verify any documentation provided via SAVE using established processes. A noncitizenis paroled if the following conditions are met: They are seeking admission to the United States at a port of entry; and, An immigration officer inspected them as an alien and permitted them to enter the United States without determining whether they may be admitted into the United States. See 8 CFR 245.1(b)(9). Visas are numerically limited for most other immigrant categories eligible to adjust; applicants in these numerically limited categories may need to wait until a visa is available before they can file an adjustment application. [^ 47] As with any immigration benefit request, eligibility for adjustment must exist when the application is filed and continue through adjudication. [^ 120] If an adjustment applicant is eligible for the 245(k) exemption, then he or she is exempted from the INA 245(c)(8) bar to adjustment. [5] At this time, CAM parole is issued for a three-year period and is renewable. 1733, 1749 (December 12, 1991), as amended. Blue for The New York Times. Secure .gov websites use HTTPS [98], An applicant may not be eligible to apply for adjustment of status if one or more bars to adjustment applies. Submit the parole request. More . Refugee Admissions Program, and flexibilities to help people in extreme situations such as the invasion of Ukraine. Where the distinction between admission and parole is critical to the outcome of the adjudication, the officer assesses the individual case to determine whether to consider a prior return from TPS-authorized travel as an admission. Previously, USCIS issued TPS beneficiaries advance parole documents under 8 CFR 244.15, which references the advance parole provisions as the procedure to authorize travel. Message. 1972). Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. Citizenship and Immigration Services (USCIS) is issuing policyguidance addressing the general policies and procedures of adjustment of status as well as adjustment under section 245(a) of the Immigration and Nationality Act (INA). See Matter of Castillo-Padilla (PDF), 25 I&N Dec. 257 (BIA 2010). Victor J. USCIS expects that, under the Retail Union test, retroactive application of the current policy is appropriate in most adjustment of status applications and favorable to the applicants. [^ 69] TPS beneficiaries are noncitizens granted TPS in accordance with INA 244(a)(1)(A). 2010). [^ 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. 23, 1997). By Liz Robbins. 1982). [6], Individuals granted refugee and parole status must complete a medical exam and clear security vetting prior to traveling to the United States. [^ 79] See the table, Effect of Authorized Travel on TPS Beneficiaries Under Applicable Policy, above. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to incorporate changes resulting from the EB-5 Reform and Integrity Act of 2022. Review our. Some of these passports may have an "OAR" notation in the parole stamp. the parole stamp in their passport. [47], Parole in place does not relieve the applicant of the need to meet all other eligibility requirements for adjustment of status and the favorable exercise of discretion. [^ 82] See 8 CFR 209.2. [^ 58] SeeINA 244(f)(4). Citizenship and Immigration Services, Fact Sheet: DHS Efforts to Assist Ukrainian Nationals, Foreign passport with parole stamp that includes a UHP COA; or. 8. Foreign residents should contact their respective governments to obtain passports. [66], After August 20, 2020, until July 1, 2022, No, the beneficiarys status as admitted or paroled for INA 245(a) was unchanged by travel. DHS is using this code to distinguish Afghan parolees from other parolees; however, this notation alone does not give special immigrant status. As of that date, all noncitizens present in the CNMI (other than LPRs) became present in the United States by operation of law without admission or parole. been granted benefits under the Family Unity Program. For more information on asylee adjustment, see Part M, Asylee Adjustment [7 USCIS-PM M]. See Matter of Robles (PDF), 15 I&N Dec. 734 (BIA 1976) (explaining that entry into the United States after intentionally evading inspection is a ground for deportation under (then) INA 241(a)(2)). 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. [50], A parole stamp on an advance parole document;[51], An Arrival/Departure Record (Form I-94) endorsed with a parole stamp.[52]. L. 102-232 (PDF) (December 12, 1991), as amended. 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. [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. 6 USCIS-PM G.1 - Chapter 1 - Purpose and Background, 6 USCIS-PM G.2 - Chapter 2 - Eligibility Requirements, 7 USCIS-PM A.3 - Chapter 3 - Filing Instructions, 7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review, 7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act, 7 USCIS-PM B.2 - Chapter 2 - Eligibility Requirements, 7 USCIS-PM B.8 - Chapter 8 - Inapplicability of Bars to Adjustment. Affidavits: Submit a statement written by the applicant that explains the entry, if an . See Chapter 8, Inapplicability of Bars to Adjustment, Section E, Employment-Based Exemption under INA 245(k) [7 USCIS-PM B.8(E)]. [94], In general, an immigrant visa must be available before a noncitizencan apply for adjustment of status. [96], An adjustment of status applicant must be admissible to the United States. Upon return, these aliens may be found inadmissible, their applications may be denied, or both. If you do not have a copy of your I-94 you can search for your I-94 on CBP's website. [^ 62] See Section 304(c) of MTINA,Pub. Admission as a bona fide nonimmigrant remained a requirement until 1960. See Section 304(c) of MTINA,Pub. [8] Certain special immigrants also meet this requirement. This announcement provides information about documentation and the SAVE verification process for individuals paroled into the United States under Uniting for Ukraine, which permits Ukrainian citizens and their immediate family members to be considered for parole on a case-by-case basis for up to two years. Neither the statute nor regulations deem a release on conditional parole equal to a parole under INA 212(d)(5)(A). 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 . [^ 116] There are no time restrictions on when such a violation must have occurred while physically present in the United States. . [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). [^ 16] See Reid v. INS, 420 U.S. 619, 624 (1975) (a noncitizenwho enters the United States based on a false claim to U.S. citizenship is excludable under former INA 212(a)(19), or INA 212(a)(6)(C) today, and considered to have entered without inspection). In addition, the entry is not considered an admission for immigration purposes.[16]. [60]When DHS provides prior consent to a TPS beneficiary to travel abroad, it documents that consent by issuing a TPS travel authorization document to the beneficiary. See Part A, Adjustment of Status Policies and Procedures, Chapter 10, Legal Analysis and Use of Discretion [7 USCIS-PM A.10]. See INA 212(a)(9)(C). A traveler lawfully admitted (or paroled) into the U.S. may look up their most recent Form I-94 going back to 1983 for most classes of admission (or parole), and indefinitely for certain classes, such as diplomats and those admitted under the Compacts of Free Association. Parole (per INA section 212(d)(5)(A)), a foreign passport with DHS/CBP admis-sion stamp noting "OAR," or a foreign passport with DHS/CBP admission stamp noting "OAW." Each individual in a family applying for ORR benefits and services should bring their own proof and the date their humanitarian parole (or other ORR-eligible status) [^ 63] Inspection and admission after TPS-authorized travel also satisfies the admission requirement of INA 245(k). A lock ( At the port of entry, a U.S. Customs and Border Protection (CBP) officer will review the visa in the passport and all . The following terms are used on this page: Petitioner: The person completing the Form I-131, Application for Travel Document, on behalf of an individual outside the United States who is seeking parole (or re-parole as explained below).The term "self-petitioner" refers to an individual who files Form I-131, Application for Travel Document for themselves. 1733, 1749 (December 12, 1991), as amended. [10] Since restarting the Program, it has operated at a fraction of the capacity that it did in its first years. Lawful Permanent Residents (LPR) of the U.S. must present a Permanent Resident Card ("Green Card", Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States.. United States (U.S.) LPRs do not need a passport to enter the U.S. as per 8 CFR 211.1(a), however, they may need a passport to enter another country. See Flores v. USCIS (PDF), 718 F.3d 548 (6th Cir. Citizenship and Immigration Services; Hold refugee or asylee status and intend to depart temporarily to apply for a U.S. immigrant visa in Canada; and/or. An exchange alien subject to the foreign residence requirement. A noncitizenwho meets these two requirements is admitted, even if the person obtained the admission by fraud. The I-94 (arrival/departure record) is a status document. Non-SI Parolees may have a Form I-766, EAD, with a C11 category or a CBP "PAROLED" stamp in their passport. L. 104-208 (PDF), 110 Stat. L. 102-232 (PDF), 105 Stat. [83] An asylee, however, may seek to adjust under INA 245(a) if the asylee prefers to adjust on a basis other than the asylees status. For more information, please visit the State Department website or the U.S. Department of Homeland Security website. Parole under immigration law is very different than in the criminal justice context. U.S. [99] The bars to adjustment of status may apply to applicants who either entered the United States in a particular status or manner, or committed a particular act or violation of immigration law. [^ 94] See Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions, Section C, Concurrent Filings [7 USCIS-PM A.3(C)]. See Matter of V-X- (PDF), 26 I&N Dec. 147 (BIA 2013). See generally Matter of Collado-Munoz, 21 I&N Dec. 1061 (BIA 1997). [^ 11] See Section 5 of the Act of March 3, 1875, 18 Stat. 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. ) or https:// means youve safely connected to the .gov website. [^ 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. Advance parole must be approved before the applicant leaves the United States, or any residency application be denied unless exceptional circumstances are demonstrated by the alien. In these situations, an applicant should submit alternate evidence to prove his or her inspection and admission to the United States. regardless of age, with a C11 category or a CBP "PAROLED" stamp in their passport; and are verified by electronic sources with a "parolee" when there is a request for verification of their parole. DHS implemented this code to help distinguish these Afghan arrivals from other parolees, but some non-SI parolees may have a general parole COA such as DT or PAR. Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have: Applicants who are the beneficiary of a Private bill and Applicants who are under deportation proceedings must file to the Department of Homeland Security, 425 I Street, NW, ATTN: Parole and Humanitarian Assistance Branch, Washington, DC 20536 Aliens in the United States are not eligible for Advance Parole if they are: Please note that Advance Parole does not guarantee admission into the United States. Absent a criminal conviction or other serious adverse factors, parole in place would generally be an appropriate exercise of discretion for such a person. Gen. (PDF), 625 F.3d 782 (3rd Cir.