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)). For applicants who apply for advance parole together with an employment authorization document (EAD), USCIS issues a "combo card", a variant of the EAD card which contains the words "SERVES AS I-512 ADVANCE PAROLE". Parole in place does not permit approval of an adjustment application that was filed before the grant of parole. See Velasquez v. Barr (PDF), 979 F.3d 572 (8th Cir. The applicant merits the favorable exercise of discretion.[3]. To qualify, applicants will be required to provide immigration papers that prove their status. [8] Advocates sued the Trump administration for terminating the CAM Program unlawfully in a case called S.A. v. However, statutory provisions expressly state that these special immigrants are considered paroled for adjustment eligibility purposes. In most cases the change in interpretation does not create a significant burden on the applicant but is instead favorable to the applicant, and the officer may deem a prior parole an admission for purposes of the adjustment of status application. In addition, the entry is not considered an admission for immigration purposes.[16]. In order to adjust under INA 245(a), however, the asylee must meet the eligibility requirements that apply under that provision. with Asylee or Refugee Status/Stamp Not Required . [^ 18] Deferred inspection is a form of parole. In some instances, the applicant may file the adjustment application at the same time the immigrant petition is filed. We kept the AP document safely at home. A. See Ex Parte Saadi, 23 F.2d 334 (S.D. The Secretary of Homeland Security delegated parole authority to USCIS, CBP, and U.S. Immigration and Customs Enforcement (ICE).[35]. [^ 90] See 8 CFR 103.2(a)(7) and 8 CFR 245.2(a)(2)(i). This is a separate and distinct process from parole and does not meet the inspected and paroled requirement for adjustment eligibility. Form I-766, Employment Authorization Document (EAD) with a C11 category, if they have applied for and received one. Immediate relatives of a U.S. citizen include the U.S. citizens spouse, children (unmarried and under 21 years of age), and parents (if the U.S. citizen is 21 years of age or older). A noncitizenmust meet certain eligibility requirements to adjust status to that of a lawful permanent resident (LPR). [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. . 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). [^ 59] SeeMatter of H-G-G-, 27 I&N Dec. 617 (AAO 2019). Foreign residents should contact their respective governments to obtain passports. Until 8 CFR 244.15 is amended in accordance with MTINA, and corresponding changes are made to related forms and other documentation, USCIS considers the reference to advance parole in 8 CFR 244.15 to encompass any advance discretionary authorization to travel under INA 244(f)(3). stamp and DHS on passport or waitingI-94 showing date of admission . [1] However, aliens who would otherwise be automatically inadmissible due to a period of unlawful presence, will not be inadmissible if they have advance parole. [^ 79] See the table, Effect of Authorized Travel on TPS Beneficiaries Under Applicable Policy, above. [^ 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). If granted deferred inspection, CBP paroles the person into the United States and defers completion of the inspection to a later time. For more information on discretion, see Part A, Adjustment of Status Policies and Procedures, Chapter 10, Legal Analysis and Use of Discretion [7 USCIS-PM A.10]. See 62 FR 39417 (PDF) (Jul. This means that they do not need a Form I-766, Employment Authorization Document, to be employment authorized. 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). [22] Likewise, the noncitizen is admitted, even if the CBP officer performed a cursory inspection. 2011). This Form I-94 record will include a UHP class of admission (COA). [^ 101] An immigrant category may exempt an applicant or make an applicant eligible for a waiver of certain adjustment bars and grounds of inadmissibility. Trump. Enumeration applications for individuals with the appropriate documentation and a COA of UHP should be processed through SSNAP following normal procedures. In most cases, whether the prior entry is treated as an admission or a parole does not affect the outcome of an application for adjustment of status under INA 245(a). More . As a realistic example, . Share sensitive information only on official, secure websites. In most instances, when the officer determines that an applicant meets all other eligibility requirements and merits adjustment of status in the exercise of discretion, it would be appropriate for the officer, on a case-by-case basis, to deem the prior parole to be an admission under the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (MTINA). [^ 9] See INA 245(g), which holds that certain special immigrants, as defined under INA 101(a)(27)(k), are considered paroled into the United States for purposes of INA 245(a). 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. The inspected and admitted or inspected and paroled requirement does not apply to the following noncitizens seeking adjustment of status: Violence Against Women Act (VAWA) applicants. Gen. (PDF), 625 F.3d 782 (3rd Cir. [7] Since September 2021, when the Biden administration reopened the CAM Program for new applications, an estimated several hundred new applications were filed. 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. 2007). [^ 62] See Section 304(c) of MTINA,Pub. USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. Foreign passport with DHS/CBP admission Form I-94 noting humanitarian parole (per INA section 212(d)(5) or 8 U.S.C. If you do not have a copy of your I-94 you can search for your I-94 on CBP's website. Official websites use .gov [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. [^ 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. [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. Hello all, I'm in process for the green card, awaiting interview but have had my EAD/AP card since December 2022.. 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. 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. Certain Afghan and Ukrainian Parolees Are Employment Authorized Incident to Parole. If the past travel does not meet each of these requirements, USCIS applies the policy that was in effect at the time of departure. See Chapter 8, Inapplicability of Bars to Adjustment, Section E, Employment-Based Exemption under INA 245(k) [7 USCIS-PM B.8(E)]. [^ 48] For example, parole does not erase any periods of prior unlawful status. [^ 81] See Retail, Wholesale and Department Store Union AFL-CIO v. NLRB, 466 F.2d 380, 390 (D.C. Cir. [18], A noncitizenis admitted if the following conditions are met: [20], The noncitizen applied for admission as an alien at a port of entry; and, An immigration officer inspected the applicant for admission as an alien and authorized him or her to enter the United States in accordance with the procedures for admission.[21]. [2], Under the Cuban Family Reunification Parole and the Haitian Family Reunification Parole Program, certain eligible U.S. citizens and lawful permanent residents are eligible to apply for parole for their family members in Cuba or Haiti. [5] At this time, CAM parole is issued for a three-year period and is renewable. Footnote added February 18, 2022: If an Afghan national has a passport, the Form I-94 arrival/departure . 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. L. 82-414 (PDF), 66 Stat. 2013). [^ 35] See Delegation to the Bureau of Citizenship and Immigration Services, DHS Delegation No. Foreign passport with parole stamp . [^ 83] Due to the different statutory bases, different eligibility requirements, exceptions, and waivers apply to applicants seeking adjustment based on their asylum status compared to those seeking adjustment under INA 245(a). 1809 (2021). In other words, the person has been "paroled" in to the country without a visa in the public's interest, based on humanitarian grounds. The noncitizen is not inadmissible as an illegal entrant under INA 212(a)(6)(A)(i).