[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. For more information on deferred inspection, see Subsection 3, Parole [7 USCIS-PM B.2(A)(3)]. Aliens in the United States need an advance parole if they have: Aliens holding valid K-3 or K-4 visas, as well as H-1 (temporary worker in a specialty occupation) or L-1 (intra-company transferee) visas and their dependents in H-4 or L-2 status who have filed for adjustment of status do not have to file for advance parole as long as they maintain their non-immigrant status: 8CFR 245.2.[19]. Re-entry Permit. See Emokah v. Mukasey, 523 F.3d 110 (2nd Cir 2008). If admitted to the United States by CBP at an airport or seaport after April 30, 2013, CBP may have issued an electronic Form I-94 to the applicant instead of a paper Form I-94. 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]. (GEN-22-08) Eligible Noncitizen Update - Afghan Arrivals - ed [^ 84] The grant of asylum is not an admission contemplated under INA 101(a)(13)(A). See Chapter 8, Inapplicability of Bars to Adjustment, Section E, Employment-Based Exemption under INA 245(k) [7 USCIS-PM B.8(E)]. See 8 CFR 235.2(c). Furthermore, an immigrant visa must be available for issuance on the date USCIS approves any adjustment application. 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]. Behar Intl. What is one's status after the "Paroled Until" date? 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. [^ 82] See 8 CFR 209.2. [^ 87] See 8 CFR 103.2(b). 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. [^ 30] CBP or USCIS can issue an Arrival/Departure Record (Form I-94). 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. Looking for U.S. government information and services? The applicant merits the favorable exercise of discretion.[3]. Immigration. See INA 212(a)(6)(A)(i) and INA 212(a)(9)(C). A .gov website belongs to an official government organization in the United States. 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. See 8 CFR 103.7(b) and 8 CFR 103.7(c). [^ 48] For example, parole does not erase any periods of prior unlawful status. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails.
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