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). 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. 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. Parole date added and source of ORR authorization added on February 18, 2022: The term "Afghan . With a valid, unexpired U.S. visa stamp, you may apply for admission to the United States of America at a port of entry. ) or https:// means youve safely connected to the .gov website. The diversity visa lottery is conducted by the U.S. Department of State. [98], An applicant may not be eligible to apply for adjustment of status if one or more bars to adjustment applies. See Chapter 4, Status and Nonimmigrant Visa Violations (INA 245(c)(2) and INA 245(c)(8)) [7 USCIS-PM B.4]. In the rare event that a TPS beneficiary relied on being paroled into the United States, rather than being inspected and admitted, in a way that negatively impacts eligibility for adjustment of status, the officer weighs the negative impact against the other factors in the Retail Union test on a case-by-case basis. [121] For example, an applicant admitted under the Visa Waiver Program who overstays the admission is barred by both INA 245(c)(2) and INA 245(c)(4). A lock ( 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. Some travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013, with a passport or travel document and who were issued a paper Form I-94 by CBP may also be able to obtain a replacement Form I-94 from the CBP website without charge. A .gov website belongs to an official government organization in the United States. Its a canadian passport, can I still travel ? 1084. The parole, which would allow immigrants to work and to freely come and go from the country, would be granted for five years and renewable for another five years up to a maximum of ten years.[16][17]. [^ 62] See Section 304(c) of MTINA,Pub. See legacy INS General Counsel Opinion, expressed by INS Central Office, Deputy Asst. DT (If DT: must be paroled into the U.S. between 2/24/22 and 9/30/23 and I-94 must . Cal. 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. The parole process. 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 INA 291 (burden of proof). 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. Because of these unique circumstances, USCIS grants parole to applicants otherwise eligible to adjust status to serve as both an inspection and parole for purposes of meeting the requirements for adjustment. 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. [^ 52] See 8 CFR 235.1(h)(2). See Request for Fee Waiver (Form I-912). [1], A proposed provision in Joe Biden's Build Back Better proposed legislation would grant immigration parole to about eight million formerly undocumented immigrants living in the country since 2011 or earlier. [41], Urgent Humanitarian Reasons or Significant Public Benefit, DHS may parole a noncitizenbased on urgent humanitarian or significant public benefit reasons. 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. An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. 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. [^ 6] See legacy Immigration and Naturalization Service (INS) General Counsel Opinion 94-28, 1994 WL 1753132 (Congress enacted INA 245 in such a manner that persons who entered the U.S. without inspection are ineligible to adjust). To lawfully enter the United States, a noncitizenmust apply and present himself or herself in person to an immigration officer at a U.S. port of entry when the port is open for inspection. 1 attorney answer. Aliens who have pending applications for certain immigration benefits need Advance Parole to re-enter the U.S. after traveling abroad. The answer is that your "Paroled until" date carries no actual significance as long as your I-485 is still pending. [67], Yes, regardless of whether the beneficiary had been admitted or paroled before departing. See INA 212(a)(6)(C) and INA 237(a)(1)(A). [^ 31] U.S. Department of State Form DSP-150. Legislative history does not elaborate on the meaning of lawful.. [89] The application must be filed at the correct filing location, as specified in the form instructions. This page was last edited on 8 February 2023, at 17:13. 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 .gov website belongs to an official government organization in the United States. [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]. [5] If an applicant has not been inspected and admitted or inspected and paroled before filing an adjustment application, the officer must deny the adjustment application.[6]. Commissioner, Adjudications, R. Michael Miller, in letter dated September 4, 1986, reprinted in Interpreter Releases, Vol. [5] Refugee status denials cannot be appealed, but a Request for Review is available for individuals denied refugee claims and denied parole status in some instances and must be filed within 90 days of being notified of the negative decision. 1733, 1749 (December 12, 1991), as amended. See8 CFR 244.10(f)(2)(iii). (408) 516-4618. [42] DHS may grant urgent humanitarian or significant public benefit parole only on a case-by-case basis. Hello all, I'm in process for the green card, awaiting interview but have had my EAD/AP card since December 2022.. 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). An Arrival/Departure Record (Form I-94), including a replacement[29] when appropriate, is the most common document evidencing a noncitizens admission. Victor J. 7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures, 7 USCIS-PM B - Part B - 245(a) Adjustment, 7 USCIS-PM F - Part F - Special Immigrant-Based (EB-4) Adjustment, 7 USCIS-PM L - Part L - Refugee Adjustment, 7 USCIS-PM M - Part M - Asylee Adjustment. [^ 48] For example, parole does not erase any periods of prior unlawful status. Non-SI Parolees may have a Form I-766, EAD, with a C11 category or a CBP "PAROLED" stamp in their passport. See Montgomery Ward & Co. v. FTC, 691 F.2d 1322 (9th Cir. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to address the proper mechanism for authorizing travel by temporary protected status (TPS) beneficiaries, and how such travel may affect their eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). You already know what a parole is and now we will show you the process in summarized steps to obtain the temporary stay permit: 1. 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. See Cruz Miguel v. Holder, 650 F.3d 189 (2nd Cir. At the port of entry, a U.S. Customs and Border Protection (CBP) officer will review the visa in the passport and all . An asylee whose adjustment application is based on his or her asylee status adjusts under INA 209(b). See Matter of Areguillin (PDF), 17 I&N Dec. 308 (BIA 1980). 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. Form I-688B or I-766 Employment Authorization Document (EAD) coded 274a.12(a)(3) or A3 . Therefore, a noncitizenwho entered without inspection will remain ineligible for adjustment of status, even after a grant of parole, unless he or she is an immediate relative or falls within one of the other designated exceptions to INA 245(c)(2) or INA 245(c)(8). [6] CAM parolees are eligible to apply for work authorization and may apply for another form of immigration relief to secure a permanent status. An I-131 application for Advance Parole is filed with U.S. For example, the noncitizen may be inadmissible and removable. [7] All applicants are initially considered for refugee status. 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. [1] Such persons include those who have applied to adjust their status to that of permanent resident or to change their non-immigrant status. [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). When entering the U.S., a passport should be endorsed with the parole stamp. [^ 14] See INA 235(d). My daughter and I (on different occasions) both took one copy of the AP document with us when we left the U.S. for the first time, and upon re-entry, that copy of the AP document was stamped and so were our passports. [^ 101] An immigrant category may exempt an applicant or make an applicant eligible for a waiver of certain adjustment bars and grounds of inadmissibility. I-94 . U.S. [^ 79] See the table, Effect of Authorized Travel on TPS Beneficiaries Under Applicable Policy, above. This is a separate and distinct process from parole and does not meet the "inspected and paroled" requirement for adjustment eligibility. See Matter of S- (PDF), 9 I&N Dec. 599 (BIA 1962) (inspection is the process that determines anoncitizens initial right to enter the United States upon presenting himself or herself for inspection at a port of entry). This may arise in cases where, for example, an asylee marries a U.S. citizen and subsequently seeks to adjust status as an immediate relative of a U.S. citizen rather than under the asylee provision. This Form I-94 record will include a UHP class of admission (COA). [^ 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. However, USCIS deems applicants who became lawful permanent residents under the Sixth, Eighth, or Ninth Circuit Court precedents before June 7, 2021, to have been lawfully admitted for permanent residence. [^ 46] See legacy INS General Counsel Opinion 98-10, 1998 WL 1806685. This technical update replaces all instances of the term alien with noncitizen or other appropriate terms throughout the Policy Manual where possible, 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]. [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]. Related forms and documentation include the Application for Temporary Protected Status (Form I-821) and Application for Travel Document (Form I-131). Some Afghan non-SI Parolees may have an OAR, OAW, or DT notation in the parole stamp of their passport. Advance parole does not guarantee re-entry into the United States. [^ 72] These TPS beneficiaries do not meet the requirements specified in Section 304(c) of MTINA, Pub. See Matter of Cordero-Garcia, 27 I&N Dec. 652, 657 (BIA 2019) (adopting the test in the immigration context). They may also have other documents, including a USCIS Form I-94. 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. A Cuban or Haitian passport with a 212(d)(5) stamp dated after October 10, 1980. How to File For Advance Parole An alien in the United States and applying for an Advance Parole document for him or herself must attach: A copy of any document issued to the alien by DHS showing present status in the United States; An explanation or other evidence demonstrating the circumstances that warrant issuance of Advance Parole. Foreign passport with an approved I-94 Arrival/Departure Record. Review our. The above is intended only as general information, and does not constitute legal advice. L. 102-232 (PDF), 105 Stat. [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. 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]. To obtain an advance parole, an applicant must file Form I-131 ("Application for Travel Document"), with supporting documentation, photos, and fee, at a local USCIS office or the service center having jurisdiction over their place of residence. [^ 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. I was paroled on the 22nd of January and the until date is 23rd of January. [58]TPS does not cure any previous failure to maintain continuously a lawful status in the United States. See 62 FR 39417 (PDF) (Jul. In order to adjust under INA 245(a), however, the asylee must meet the eligibility requirements that apply under that provision. In addition, the entry is not considered an admission for immigration purposes.[16]. See Pub. [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. [93], The immigrant petition establishing the underlying basis to adjust is typically filed before the noncitizen files the adjustment application. These parolees may also present one or more of the following documents: Form I-766, Employment Authorization Document (EAD) with a C11 category, if they have applied for and received one. 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". See 8 CFR 235.1(f)(1). See 8 CFR 245.1(g)(1), 8 CFR 245.2(a)(5)(ii), and 8 CFR 103.2(b)(1). If granted deferred inspection, CBP paroles the person into the United States and defers completion of the inspection to a later time. Although 8 CFR 244.15provides that permission to travel abroad is sought and provided pursuant to the Services advance parole provisions, the regulation was issued in 1991 before enactment of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (MTINA),Pub. 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. . [26] An LPR returning from a temporary trip abroad would only be considered to be seeking admission or readmission to the United States if any of the following factors applies: The LPR has abandoned or relinquished his or her LPR status; The LPR has been absent from the United States for a continuous period in excess of 180 days; The LPR has engaged in illegal activity after having departed the United States; The LPR has departed from the United States while under legal process seeking his or her removal from the United States, including removal proceedings under the INA and extradition proceedings; The LPR has committed an offense described in the criminal-related inadmissibility grounds, unless the LPR has been granted relief for the offense;[27] or, The LPR is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.[28]. 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. The I-94 (arrival/departure record) is a status document. On occasion, CBP grants deferred inspection to arriving aliens found inadmissible during a preliminary inspection at a port of entry. In cases arising outside of the Fifth Circuit, the officer first considers whether treating qualifying prior travel as an admission, rather than parole, is necessary for the approval of the application. 1982). [^ 116] There are no time restrictions on when such a violation must have occurred while physically present in the United States. 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. [^ 61] See 8 CFR 244.15(a). [^ 51] See Authorization for Parole of an Alien into the United States (Form I-512 or I-512L). [96], An adjustment of status applicant must be admissible to the United States. To adjust status, a noncitizenmust file an Application to Register Permanent Residence or Adjust Status (Form I-485) in accordance with the form instructions. See 8 CFR 103.2(b)(1). Immigration Criminal defense Parole for criminal conviction. It means the expiration of your AP. 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. Foreign passport with DHS/CBP admission Form I-94 noting humanitarian parole (per INA section 212(d)(5) or 8 U.S.C. In the first year of accepting new applications, no case was completed and resulted in a beneficiary traveling to the Untied States. To qualify, applicants will be required to provide immigration papers that prove their status. 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. . While it is an admission, procuring admission by fraud or willful misrepresentation is illegal and has several consequences. [^ 59] SeeMatter of H-G-G-, 27 I&N Dec. 617 (AAO 2019). Normally, this process will take about 10 minutes. [^ 2] See Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review, Section C, Verify Visa Availability [7 USCIS-PM A.6(C)]. A grant of temporary protected status (TPS)[55] is not, in itself, an admission for purposes of adjustment underINA 245(a).[56]. Certain Afghan and Ukrainian Parolees Are Employment Authorized Incident to Parole. [^ 89] See 8 CFR 103.2(a) and 8 CFR 103.2(b). See Ortega-Cervantes v. Gonzales (PDF), 501 F.3d 1111 (9th Cir. [^ 104] The INA 245(c)(2) bar addresses three distinct types of immigration violations. 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. L. 102-232 (PDF), 105 Stat. For instance, anoncitizenwho enters without inspection and is subsequently granted asylum does not satisfy the inspected and admitted or inspected and paroled requirement. In cases arising in the Fifth Circuit, USCIS treats the authorized reentry after any qualifying prior travel as an inspection and admission, regardless of the procedure used when the TPS beneficiary was permitted to reenter the United States and regardless of whether the travel documentation refers to advance parole.[73]. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US. [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). The U.S. Refugee Admissions Program, and flexibilities to help people in extreme situations such as the invasion of Ukraine. This page was not helpful because the content: Chapter 3 - Unlawful Immigration Status at Time of Filing (INA 245(c)(2)), Chapter 4 - Status and Nonimmigrant Visa Violations (INA 245(c)(2) and INA 245(c)(8)), Chapter 5 - Employment-Based Applicant Not in Lawful Nonimmigrant Status (INA 245(c)(7)), Chapter 6 - Unauthorized Employment (INA 245(c)(2) and INA 245(c)(8)), Chapter 7 - Other Barred Adjustment Applicants, Part I - Adjustment Based on Violence Against Women Act, Part J - Trafficking Victim-Based Adjustment, Part Q - Rescission of Lawful Permanent Residence, Immigration Consequences of Authorized Travel and Return to the United States by Individuals Holding Temporary Protected Status, Matter of Arrabally and Yerrabelly (PDF), General Adjustment of Status Policies and Section 245(a) of the Immigration and Nationality Act, How to Use the USCIS Policy Manual Website, Immigrant Petition by Regional Center Investor (, Unmarried sons and daughters of U.S. citizens (21 years of age and older), Spouses and unmarried children (under 21 years of age) of LPRs, Married sons and daughters of U.S. citizens, Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 years of age or older), Members of the professions holding an advanced degree or persons of exceptional ability, Skilled workers, professionals, and other workers, International organization officers and employees. We only used the stamp in our passports to re-enter after the first time. [^ 11] See Section 5 of the Act of March 3, 1875, 18 Stat. [^ 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). 8. 23, 1997). The 1960 amendment removed the requirement of admission as a bona fide nonimmigrant. [^ 44] Only parole under INA 212(d)(5)(A) meets this requirement. [5] At this time, CAM parole is issued for a three-year period and is renewable. [^ 66] See General Adjustment of Status Policies and Section 245(a) of the Immigration and Nationality Act (PDF, 171.82 KB), PA-2016-001, issued February 25, 2016. SAVE may provide an initial verification of Parolee with a class of admission of . Foreign passport with parole stamp . The applicant must be admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief. 3009, 3009-575 (September 30, 1996). Admission as a bona fide nonimmigrant remained a requirement until 1960. . See Retail, Wholesale and Department Store Union AFL-CIO v. NLRB, 466 F.2d 380, 390 (D.C. Cir. While factors 1 and 2 may weigh against retroactive application of this policy change, factor 5 generally weighs in favor of retroactive application. An Afghan passport with a Department of Homeland Security Customs and Border Protection "PAROLED" stamp in their passport or an "OAR" notation in the parole stamp, an I-94 showing date of admission and the "OAR" notation, or; a Form I-766, Employment Authorization Document with a C11 category. [^ 96] See INA 245(a)(3). An I-94 Arrival/departure card with a stamp showing parole at any time as a "Cuban/Haitian Entrant (Status Pending)" I-94 may refer to 212(d)(5). 2) A national of Cuba or Haiti who was paroled into the United States and . See Matter of Castillo-Padilla (PDF), 25 I&N Dec. 257 (BIA 2010). Border Crossing Card (Form I-586 or Form DSP-150[31]), provided it was valid on the date of last claimed entry. The applicable grounds of inadmissibility and any available waivers depend on the immigrant category under which the applicant is applying. Several circuits and the BIA have opined on this and rejected the argument that the two concepts are equivalent processes. [45] DHS can exercise its discretion to parole such a personinto the United States. [10] Since restarting the Program, it has operated at a fraction of the capacity that it did in its first years. If a noncitizenwas admitted to the United States by CBP at an airport or seaport after April 30, 2012, the noncitizen may have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. Paper Form I-94 with an OAR, UHP, or DT COA; Foreign passport with parole stamp that includes an OAR, UHP, or DT COA; or.
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