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 . 2) A national of Cuba or Haiti who was paroled into the United States and . 2013). It is light green in color and resembles the size and shape of a U.S. passport. You are right in that the length of parole in your case is meaningless, as someone like you with a pending Adjustment of Status (I-485) application. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. [^ 87] See 8 CFR 103.2(b). 2) If my case is denied before 1/2/2020, can I adjust status to other things? This page was not helpful because the content: Parolees who have an OAR class of admission (COA); Parolees with DT COA who were paroled into the United States between Feb. 24, 2022, and Sept. 30, 2023 and whose I-94 indicates Ukraine as country of citizenship. [^ 103] This does not apply to noncitizens who failed to maintain lawful status through no fault of their own or solely for technical reasons, as defined in 8 CFR 245.1(d)(2). Share sensitive information only on official, secure websites. The applicable grounds of inadmissibility and any available waivers depend on the immigrant category under which the applicant is applying. 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. Petition for Alien Fianc(e) (Form I-129F), Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360), Immigrant Petition for Alien Worker (Form I-140), Immigrant Petition by Standalone Investor (Form I-526), Not applicable (Diversity visas do not require a USCIS-filed petition). [13], Under the Filipino World War II Veterans Parole Program, Filipino World War II veterans and their spouses who are U.S. citizens and lawful permanent residents were eligible to apply for parole for certain family members. If the information from the Form I-94 or other documentation noted above matches federal immigration records, SAVE will provide an initial verification response of Parolee. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding whether temporary protected status (TPS) beneficiaries are eligible for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). [^ 104] The INA 245(c)(2) bar addresses three distinct types of immigration violations. on a foreign passport or on . When the customs agent at Kennedy International Airport stamped Jenifer Guzman Gonzalez's Mexican passport on Monday, Ms . Non-SI Parolees may have a Form I-766, EAD, with a C11 category or a CBP "PAROLED" stamp in their passport. Notwithstanding, if the noncitizen makes a false claim to U.S. citizenship or to U.S. nationality at the port of entry and an immigration officer permits the noncitizen to enter the United States, the noncitizen has not been admitted. For historical versions before June 11, 2021, navigate to the USCIS Policy Manual within the USCIS website at:https://archive.org, Select a date to view the historical version, An official website of the U.S. Department of Homeland Security, An official website of the United States government, Part R - Abandonment of Lawful Permanent Residence, POLICY ALERT - EB-5 Reform and Integrity Act of 2022, POLICY ALERT - Temporary Protected Status and Eligibility for Adjustment of Status under Section 245(a) of the Immigration and Nationality Act, Technical Update - Replacing the Term Alien, Technical Update - Moving the Adjudicators Field Manual Content into the USCIS Policy Manual, Technical Update - Replacing the Term Entrepreneur, Technical Update - Replacing the Term Foreign National, POLICY ALERT - Adjustment of Status Policies and Procedures and 245(a) Adjustment, To protect your privacy, please do not include any personal information in your feedback. For purposes of adjustment of status under INA 245, a noncitizenwith TPS is considered as being in and maintaining lawful status as a nonimmigrant only during the period that TPS is in effect. It is important that the alien obtain the proper documentation before leaving the United States. See DHS Office of General Counsel, Immigration Consequences of Authorized Travel and Return to the United States by Individuals Holding Temporary Protected Status (PDF, 3.36 MB), Attachment p. 28, issued April 6, 2022. 1927). This technical update replaces all instances of the term foreign national with alien throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [any person not a citizen or national of the United States]. For U.S. Citizens/Lawful Permanent Residents, U.S. [14], In general, if the noncitizen presents himself or herself for questioning in person, the inspection requirement is met. In all cases, the applicant is subject to any and all applicable grounds of inadmissibility even if the applicant is not subject to any bar to adjustment, or is exempt from any or all the bars to adjustment. 1733, 1749 (December 12, 1991), as amended. 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. [10] Under Phase One, USCIS began to process new applications and reopened some cases terminated in 2018. 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. The benefits and assistance will be available until March 31, 2023, or the [^ 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. Secure .gov websites use HTTPS A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. [8] Advocates sued the Trump administration for terminating the CAM Program unlawfully in a case called S.A. v. [^ 82] See 8 CFR 209.2. [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. A person paroled into the U.S. is treated in a legal sense as if he or she were still at the border seeking permission to enter . 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. See Section 304(c) of MTINA,Pub. [^ 117] The INA 245(c)(8) bar addresses two distinct types of immigration violations. 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. For more information on deferred inspection, see Subsection 3, Parole [7 USCIS-PM B.2(A)(3)]. [89] The application must be filed at the correct filing location, as specified in the form instructions. the parole stamp in their passport. See 8 CFR 235.1(f)(1). In order to adjust under INA 245(a), however, the asylee must meet the eligibility requirements that apply under that provision. Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status or applying for an immigrant visa (refugees and asylees). [^ 50] See INA 236(a)(2)(B). See NC FAST job aid, SAVE Automation Verification, for more information. 40, October 10, 1986, pp. SeeMatter of H-G-G-, 27 I&N Dec. 617 (AAO 2019). 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. Official websites use .gov U.S. My passport was stamped by homeland security and purpose says DT and it says paroled what does that mean? [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]. The I-94 (arrival/departure record) is a status document. U No Passport Required . Types of proof include; a Form I-94 noting Humanitarian Parole (per INA section 212(d)(5)(A)), a foreign passport with DHS/CBP admission stamp noting "OAR," or a foreign passport with DHS/CBP admission stamp noting "OAW." A passport with a stamp noting the person is admitted under a SIV category with one of the following codes of admission: o SI-1, SQ-1, SI-2, SQ-2, SI-3, SQ-3, SI-6, SQ-6, SI-7, SQ-7, SI-9, or SQ- . Even if an exemption applies to an applicant who would otherwise be barred from adjustment of status, the applicant may still be denied adjustment as a matter of discretion. Ukrainian passport with a USCIS Parole stamp including the purpose for parole, date of admission, and date of expiration for parole. [^ 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. 1182(d)(5)) "DT"stamp noting Or Foreign passport with DHS/CBP admission stamp noting Uniting for Ukraine or "U4U" Or Foreign passport with DHS/CBP admission stamp noting Ukrainian Humanitarian Parolee or "UHP" Or [57] However, a grant of TPS does not prevent a noncitizen from demonstrating eligibility for INA 245(a) adjustment if the noncitizen was inspected and admitted or inspected and paroled when last entering the United States. [6] CAM parolees are eligible to apply for work authorization and may apply for another form of immigration relief to secure a permanent status. Parolees under Uniting for Ukraine can obtain a copy of their electronic Form I-94, Arrival/Departure Record, from the U.S Customs and Border Protection website at i94.cbp.dhs.gov. 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 . L. 102-232 (PDF) (December 12, 1991), as amended, and, consequently, the reference in 8 CFR 244.15 to advance parole was overruled by Section 304(c) of that statute, which required that eligible TPS beneficiaries shall be inspected and admitted upon return from qualifying authorized travel. See Matter of Castillo-Padilla (PDF), 25 I&N Dec. 257 (BIA 2010). [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). [^ 64] See DHS Office of General Counsel, Immigration Consequences of Authorized Travel and Return to the United States by Individuals Holding Temporary Protected Status (PDF, 3.36 MB), Attachment p. 28, issued April 6, 2022. For more information on asylee adjustment, see Part M, Asylee Adjustment [7 USCIS-PM M]. 63, No. eligible parole period to July 31, 2021, through September 30, 2023. . U.S. [^ 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). [^ 57] See Sanchez v. Mayorkas (PDF), 141 S.Ct. Additional verification may be required in limited circumstances, such as when the applicant information submitted by the user agency does not match federal immigration records. The applicant must properly file an adjustment of status application. 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. Accordingly, the beneficiaries of approved SIJ petitions meet the inspected and admitted or inspected and paroled requirement, regardless of their manner of arrival in the United States. The diversity visa lottery is conducted by the U.S. Department of State. 2020). 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. A noncitizenmust meet certain eligibility requirements to adjust status to that of a lawful permanent resident (LPR).
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