paroled stamp on passport

An I-94 or unexpired foreign passport with a parole stamp may show a . Foreign passport with an I-551 stamp. [8] Certain special immigrants also meet this requirement. USCIS recently announced that, effective Nov. 21, 2022, certain Ukrainian and Afghan parolees are employment authorized incident to their parole. 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. 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 . . USCIS applied these rulings only to applications for adjustment of status filed by applicants residing within these respective jurisdictions. [^ 122] See Chapter 8, Inapplicability of Bars to Adjustment [7 USCIS-PM B.8]. 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. From February 25, 2016, until August 20, 2020, Yes, regardless of whether the beneficiary had been admitted or paroled before departing. 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. 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. A noncitizenwho makes a false claim to U.S. citizenship is inadmissible for making the claim (INA 212(a)(6)(C)(ii)). [^ 89] See 8 CFR 103.2(a) and 8 CFR 103.2(b). Footnote added February 18, 2022: If an Afghan national has a passport, the Form I-94 arrival/departure . [^ 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)]. For more information on admissibility, see Volume 8, Admissibility [8 USCIS-PM]. Click Share This Page button to display social media links. 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. L. 110-229 (PDF) (May 8, 2008). 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. [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. 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). 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]. 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. This bar applies if the noncitizen was actually permitted to land under the D-1 or D-2 visa category. [^ 106] See INA 201(b). [72] If the past travel does meet each of these requirements, USCIS will consider retroactive application of the current guidance. Foreign passport with parole stamp . 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. Through the inspection process, an immigration officer determines whether the noncitizen is admissible and may enter the United States under all the applicable provisions of immigration laws. Some bars to adjustment may overlap in their application, despite their basis in separate sections of the law. However, 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. L. 102-232 (PDF), 105 Stat. DT (If DT: must be paroled into the U.S. between 2/24/22 and 9/30/23 and I-94 must . 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. 163, 217 (June 27, 1952). 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. 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. USCIS is also updating the USCIS Policy Manual to reflect the decision of the U.S. Supreme Court in Sanchez v. Mayorkas, 141 S.Ct. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. 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. In other words, the person has been "paroled" in to the country without a visa in the public's interest, based on humanitarian grounds. Specifically, an eligible employment-based adjustment applicant may qualify for this exemption if the applicant failed to maintain a lawful status, engaged in unauthorized employment, or violated the terms of his or her nonimmigrant status (admission under a nonimmigrant visa) for 180 days or less since his or her most recent lawful admission.[124]. U.S. See Sections 8, 12, 16, and 18 of the Act of February 20, 1907, 34 Stat. [53] The transition period for implementation of U.S. immigration law in the CNMI began on November 28, 2009. An Ukrainian 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. Under this policy, the USCIS Guam Field Office or the USCIS Saipan Application Support Center grants parole to an applicant otherwise eligible for parole and adjustment immediately prior to approving the adjustment of status application. Evidence of Parole. 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. Furthermore, an immigrant visa must be available for issuance on the date USCIS approves any adjustment application. The officer also considers whether a particular applicant relied on either Matter of Z-R-Z-C- or DHSs prior use of advance parole to implement TPS travel (factor 3). Looking for U.S. government information and services? 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. In recognition of the unique situation caused by the extension of U.S. immigration laws to the CNMI, all noncitizens present in the CNMI on or after that date who apply for adjustment of status are considered applicants for admission[54] to the United States and are eligible for parole. 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. This article incorporates public domain material from websites or documents of the Congressional Research Service. No new applications under the program are being accepted, although individuals already in parole status continue to maintain that status until its expiration date, they may request re-parole, and they may apply to adjust status when eligible to do so. [^ 94] See Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions, Section C, Concurrent Filings [7 USCIS-PM A.3(C)].