A noncitizenwho is deferred inspection is paroled into the United States for the period of time necessary to complete the inspection. 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. Evidence of parole status Form I-94 with a parole stamp in the upper right corner is evidence of parolee immigration . 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. 3009, 3009-575 (September 30, 1996). Therefore, a noncitizenwho entered the United States without having been inspected and admitted or inspected and paroled, and who is subsequently granted TPS, does not meet the inspected and admitted or inspected and paroled requirement under INA 245(a) for adjustment. This means that they do not need a Form I-766, Employment Authorization Document, to be employment authorized. Criminal Lawyer: Alex J. Esq. Official websites use .gov A. This is the document that you received when you entered the United States. [^ 60] SeeINA 244(f)(3). [10], The Biden administration restarted the CAM Program in two stages. [20], Originally, the 1952 Immigration and Nationality Act did not contain provisions for a parolee to apply for adjustment of status, which is ordinarily the standard process of obtaining lawful permanent residence (green card holder) status while in the United States. Lawful Permanent Residents (LPR) of the U.S. must present a Permanent Resident Card ("Green Card", Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States.. United States (U.S.) LPRs do not need a passport to enter the U.S. as per 8 CFR 211.1(a), however, they may need a passport to enter another country. Citizenship and Immigration Services (USCIS). For more information on admissibility, see Volume 8, Admissibility [8 USCIS-PM]. [^ 25] See Reid v. INS, 420 U.S. 619, 624 (1975). [^ 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. See Chapter 8, Inapplicability of Bars to Adjustment, Section E, Employment-Based Exemption under INA 245(k) [7 USCIS-PM B.8(E)]. [3][4], In 2014, President Barack Obama established the Central American Minors (CAM) Refugee and Parole Program to provide certain children, youth, and family members escaping violence, persecution, or other humanitarian situations in El Salvador, Guatemala, and Honduras with an opportunity to enter the United States as refugees or parolees. What does a stamp in passport for paroled in U.S. Until a certain date mean e.g parole until May 5 2016. [^ 56] On June 7, 2021, the Supreme Court held that a grant of TPS is not an admission, stating that where a noncitizen was not lawfully admitted or paroled, TPS does not alter that fact. See Sanchez v. Mayorkas (PDF), 141 S.Ct. For example, when there is no Arrival/Departure Record or passport with an admission stamp, an officer may rely on information in DHS records, information in the applicants file, and the applicants testimony to make a determination on whether the applicant was inspected and admitted or inspected and paroled into the United States. Because some bars overlap, more than one bar can apply to an applicant for the same act or violation. An exchange alien subject to the foreign residence requirement. While factors 1 and 2 may weigh against retroactive application of this policy change, factor 5 generally weighs in favor of retroactive application. on a foreign passport or on . 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). [^ 58] SeeINA 244(f)(4). See Sections 6, 8, 10, and 11 of the Act of March 3, 1891, 26 Stat. Through this litigation, since 2019, over 1,600 individuals have been paroled into the United States. [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. Conditional Parole. [^ 3] See Part A, Adjustment of Status Policies and Procedures, Chapter 10, Legal Analysis and Use of Discretion [7 USCIS-PM A.10]. In 1960, Congress amended INA 245(a) and made adjustment of status available to any otherwise eligible applicant who has been inspected and admitted or paroled into the United States. [95] An immigrant visa is always available to applicants seeking adjustment as immediate relatives. [^ 110] See INA 101(a)(15)(S) and INA 245(j). See Retail, Wholesale and Department Store Union AFL-CIO v. NLRB, 466 F.2d 380, 390 (D.C. Cir. More . 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. See Flores v. USCIS (PDF), 718 F.3d 548 (6th Cir. A copy of the page of your passport with the parole stamp. Elsewhere, USCIS determines on a case-by-case basis whether a noncitizen who was paroled or otherwise permitted to enter after TPS-authorized travel under prior guidance should be treated as inspected and admitted for purposes of a given adjudication. Answer: It's just standard procedure that someone allowed to enter on an Advance Parole is paroled for 1 year. Parole is a permission granted by the Department of Homeland Security (DHS) to a foreign national that allows them to physically enter the United States yet still be considered to have not legally entered the country. Conditional parole is also known as release from custody. Share sensitive information only on official, secure websites. [^ 102] It is service as a crewman that triggers the bar to adjustment, not the actual nonimmigrant status. ) or https:// means youve safely connected to the .gov website. In such cases, the officer should address each applicable adjustment bar in the denial notice. Some Afghan non-SI Parolees may have an OAR, OAW, or DT notation in the parole stamp of their passport. For more information, see Volume 8, Admissibility [8 USCIS-PM] and Volume 9, Waivers and Other Forms of Relief [9 USCIS-PM]. [13] In May 2022, two parents actively seeking CAM protection for their children intervened in the lawsuit as defendants to present evidence of the program's impact. [84] On the other hand, an asylee who departs the United States and is admitted or granted parole upon return to a port of entry meets the inspected and admitted or inspected and paroled requirement. the parole stamp in their passport. 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. 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. [63] This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS. v. Joseph R. Biden, Jr., et al", "Filipino World War II Veterans Parole Program", "USCIS Final Rule on Parole for Start-ip Entrepreneurs", "What's in Biden's latest budget offer: Climate programs and universal preschool, but no paid leave", "House outlines immigration provisions in latest Build Back Better package", "8 CFR 245.2(a)(4)(ii)(C), July 1, 1999", https://en.wikipedia.org/w/index.php?title=Parole_(United_States_immigration)&oldid=1138230873, Pages using multiple image with auto scaled images, Wikipedia articles incorporating text from the Congressional Research Service, Creative Commons Attribution-ShareAlike License 3.0. an application for adjustment of status pending. [^ 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). [^ 53] See Consolidated Natural Resources Act of 2008, Pub. [^ 28] See INA 101(a)(13)(C). See Matter of Cordero-Garcia, 27 I&N Dec. 652, 657 (BIA 2019) (adopting the test in the immigration context). [1], Humanitarian parole is granted only in exceptional circumstances and on a case-by-case basis at the discretion of the DHS. 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. Enumeration applications for individuals with the appropriate documentation and a COA of UHP should be processed through SSNAP following normal procedures. Some of these passports may have an "OAR" notation in the parole stamp. [15] Nonetheless, if the noncitizen enters the United States by falsely claiming U.S. citizenship, the noncitizen is not considered to have been inspected by an immigration officer. See 8 CFR 103.2(a)(2). If the past travel does not meet each of these requirements, USCIS applies the policy that was in effect at the time of departure. [10] Under Phase One, USCIS began to process new applications and reopened some cases terminated in 2018. [87] Accordingly, the applicant must support and sufficiently establish the claim that he or she was admitted as a noncitizenand not as a presumed U.S. citizen. See INA 291 (burden of proof). Review our. L. 301 (February 5, 1917). The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. In general, dependent applicants must have the requisite relationship to the principal both at the time of filing the adjustment application and at the time of final adjudication. [13] A noncitizenwho arrives at a port of entry and presents himself or herself for inspection is an applicant for admission. [64] However, travel with TPS authorization does not execute an outstanding removal order. [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. , Attorney at Law replied 8 years ago Foreign passport with an I-551 stamp. [^ 87] See 8 CFR 103.2(b). 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. Passport page with admission or parole stamp (issued by a U.S. immigration officer) Passport page with nonimmigrant visa; Border crossing card (Mexican citizens only) . [61]Upon returning to the United States in accordance with the terms of DHSs prior authorization, a TPS beneficiary must be inspected and admitted into TPS, with certain exceptions. I-94 . Such a noncitizensatisfies the inspected and admitted requirement of INA 245(a) as long as the noncitizen sufficiently proves that he or she was indeed waved through by an immigration official at a port of entry.[85]. See NC FAST job aid, SAVE Automation Verification, for more information. In other words, the person has been "paroled" in to the country without a visa in the public's interest, based on humanitarian grounds. 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). 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. Certain Afghan and Ukrainian Parolees Are Employment Authorized Incident to Parole. Congress has provided relief from particular adjustment bars to certain categories of immigrants such as VAWA-based adjustment applicants, immediate relatives, and designated special immigrants. Related forms and documentation include the Application for Temporary Protected Status (Form I-821) and Application for Travel Document (Form I-131). [18] It is granted when immigration document Form I-512 is issued by the United States Citizenship and Immigration Services (USCIS), which enables an alien to be paroled into the United States. 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. [^ 122] See Chapter 8, Inapplicability of Bars to Adjustment [7 USCIS-PM B.8]. A noncitizenwho makes a false claim to U.S. citizenship is inadmissible for making the claim (INA 212(a)(6)(C)(ii)). [47], Parole in place does not relieve the applicant of the need to meet all other eligibility requirements for adjustment of status and the favorable exercise of discretion. 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. An asylee whose adjustment application is based on his or her asylee status adjusts under INA 209(b). 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. [^ 62] See Section 304(c) of MTINA,Pub. This bar applies if the noncitizen was actually permitted to land under the D-1 or D-2 visa category. [^ 112] Although VAWA-based applicants are exempt from all INA 245(c) bars per statute, a VAWA-based applicant may still be determined to be removable (INA 237(a)(4)(B)) or inadmissible (INA 212(a)(3)) due to egregious public safety risk and on security and related grounds. 1733, 1749 (December 12, 1991), as amended. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of State, United States of America", "Joint Statement by the U.S. Department of Homeland Security and U.S. Department of State on the Expansion of Access to the Central American Minors Program", "More Than Words: Making Good on the Promise of the Central American Minors Refugee and Parole Program", "State of Texas, et al. A copy of your Form I-94. 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]. [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]. Parole Into the United States . 1972). [48] For example, except for immediate relatives and certain other immigrants, an applicant must have continuously maintained a lawful status since entry into the United States. 1972) (citing SEC v. Chenery Corp., 332 U.S. 194 (1947)) (explaining that courts must assess whether retroactivity would produce more mischief than the ill effects of continuing to enforce a rule which is contrary to statutory design or legal and equitable principles). Following President Donald Trump's Executive Order 13767, which instructed the Secretary of Homeland Security to exercise its parole authority "only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole", the Filipino World War II Veterans Parole Program was ended. USCIS charges a fee for this service. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. [^ 10] See Delegation of Authority to the Commissioner of U.S. Customs and Border Protection, Department of Homeland Security (DHS) Delegation No. DHS implemented this code to help distinguish these Afghan arrivals from other parolees, but some non-SI parolees may have a general parole COA such as DT or PAR. Did Parole or Admission Upon Return Satisfy INA 245(a)? For more information on deferred inspection, see Subsection 3, Parole [7 USCIS-PM B.2(A)(3)]. in the United States without a valid immigration status. Applicants may also obtain Form I-94 by filing an Application for Replacement/Initial Nonimmigrant Arrival-Departure Record (Form I-102), with USCIS. See Velasquez v. Barr (PDF), 979 F.3d 572 (8th Cir. An emergent personal or bona fide reason to travel temporarily abroad. Foreign passport with parole stamp that includes an OAR, UHP, or DT COA; or; Form I-766, Employment Authorization Document (EAD) with a C11 category, if they have applied for and . As part of the inspection, the noncitizen must: Present any and all required documentation, including fingerprints, photographs, other biometric identifiers, documentation of status in the United States, and any other requested evidence to determine the noncitizens identity and admissibility; and, Establish that he or she is not subject to removal under immigration laws, Executive Orders, or Presidential Proclamations. 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). The U.S. visa stamp is the physical document that is placed in your passport by the consular officer. 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. [^ 119] USCIS interprets the exemption listed in INA 245(c)(2) for immediate relatives and certain special immigrants as applying to the 245(c)(8) bar in addition to the 245(c)(2) bar. Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page (bottom on the App), as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive . [^ 72] These TPS beneficiaries do not meet the requirements specified in Section 304(c) of MTINA, Pub. See8 CFR 244.10(f)(2)(iii). [^ 73] See Duarte v. Mayorkas, 27 F.4th 1044, 1061 (5th Cir. [^ 121] See INA 245(c)(2), INA 245(c)(7), and INA 245(c)(8). Hello all, I'm in process for the green card, awaiting interview but have had my EAD/AP card since December 2022.. As long as the noncitizen meets the procedural requirements for admission, the noncitizen meets the inspected and admitted requirement for adjustment of status. The diversity visa lottery is conducted by the U.S. Department of State. Parole, is now a valid form of documentation of a qualifying immigration status for Afghan and Iraqi special immigrants. [^ 35] See Delegation to the Bureau of Citizenship and Immigration Services, DHS Delegation No. A .gov website belongs to an official government organization in the United States. This technical update replaces instances of the term entrepreneur with investor throughout the Policy Manual in accordance with the EB-5 Immigrant Investor Program Final Rule. 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. 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. The historical versions linked below reflect the pertinent policy in effect on that date and dates reflect when updates occurred. See generally Matter of Collado-Munoz, 21 I&N Dec. 1061 (BIA 1997). 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. See Matter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A). [^ 4] As originally enacted, INA 245(a) made adjustment available only to a noncitizenwho was lawfully admittedas a bona fide nonimmigrant and who is continuing to maintain that status. See Immigration and Nationality Act of 1952, Pub. Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have: Applicants who are the beneficiary of a Private bill and Applicants who are under deportation proceedings must file to the Department of Homeland Security, 425 I Street, NW, ATTN: Parole and Humanitarian Assistance Branch, Washington, DC 20536 Aliens in the United States are not eligible for Advance Parole if they are: Please note that Advance Parole does not guarantee admission into the United States. L. 110-229 (PDF) (May 8, 2008). Victor J. [^ 81] See Retail, Wholesale and Department Store Union AFL-CIO v. NLRB, 466 F.2d 380, 390 (D.C. Cir. [^ 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. A .gov website belongs to an official government organization in the United States. Re-entry Permit. Refugee travel . 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). See INA 212(a)(6)(A)(i) and INA 212(a)(9)(C). It is light green in color and resembles the size and shape of a U.S. passport. See INA 212(a)(6)(C) and INA 237(a)(1)(A). 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. [^ 71] See Section 304(c) of MTINA,Pub. 1972). . L. 104-208 (PDF), 110 Stat. USCIS applied these rulings only to applications for adjustment of status filed by applicants residing within these respective jurisdictions. Under U.S. immigration law, the Secretary of the Department of Homeland Security (DHS) has discretion to grant "parole" to certain noncitizens to allow them to enter or temporarily remain in the United States for specific reasons. When inspected and admitted to the United States, the following nonimmigrants are exempt from the issuance of an Arrival/Departure Record:[32]. [^ 48] For example, parole does not erase any periods of prior unlawful status. 8. [^ 18] Deferred inspection is a form of parole. Filipino World War II Veterans Parole Program, United States Customs and Border Protection, United States Citizenship and Immigration Services, Nina Bernstein, "A Contest of Suffering, With the U.S. as a Prize," October 14, 2005, The Cuban Family Reunification Parole (CFRP) Program, The Haitian Family Reunification Parole (HFRP) Program, "Central American Minors (CAM) Refugee and Parole Program | USCIS", "More than Words: Making Good on the Promise of the Central American Minors Refugee and Parole Program", "Relaunching the Central American Minors Program", "SA v. Trump: Re-opening the Central American Minors parole program", "S.A. et al v. Trump et al: STATUS REPORT (Fourteenth Quarterly Report) by L. Francis Cissna, Kirstjen Nielsen, Michael R. Pompeo, U.S. U.S. 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 . In the context of an adjustment of status application involving prior TPS-authorized travel, consideration of factors 1, 2, and 5 should be consistent across most cases: The effect of TPS-authorized travel under MTINA is not a question of first impression, as USCIS and INS had prior policy and practice on the question (factor 1); USCIS adoption of the interpretation described in this guidance is a change from USCIS prior practice and guidance (factor 2); and. [^ 116] There are no time restrictions on when such a violation must have occurred while physically present in the United States. A traveler lawfully admitted (or paroled) into the U.S. may look up their most recent Form I-94 going back to 1983 for most classes of admission (or parole), and indefinitely for certain classes, such as diplomats and those admitted under the Compacts of Free Association. 7. Permanent Resident Card. I-94 Arrival/Departure Record stamped: "paroled under Section 212(d)(5) of the INA," or "Section 212(d)(5) of the INA," or stamp showing parole in U.S. [6] Applicants may not have counsel present during interviews. 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]. [^ 108] If an adjustment applicant is eligible for the 245(k) exemption, then he or she is exempted from the INA 245(c)(2) bar to adjustment. [83] An asylee, however, may seek to adjust under INA 245(a) if the asylee prefers to adjust on a basis other than the asylees status. Similarly, a noncitizenwho entered the United States after falsely claiming to be a returning LPR is not considered to have been procedurally inspected and admitted because a returning LPR generally is not an applicant for admission. [60]When DHS provides prior consent to a TPS beneficiary to travel abroad, it documents that consent by issuing a TPS travel authorization document to the beneficiary. 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. Refugee Admissions Program, and flexibilities to help people in extreme situations such as the invasion of Ukraine. [49], Conditional parole is also known as release from custody. 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. L. 102-232 (PDF) - Section 302 of the Miscellaneous and Technical Immigration and Nationality Amendments of 1991, G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, I-140,Immigrant Petition for Alien Worker, I-360, Petition for Amerasian, Widow(er), or Special Immigrant, I-485, Application to Register Permanent Residence or Adjust Status, I-526, Immigrant Petition by Standalone Investor, How to Use the USCIS Policy Manual Website (PDF, 2.99 MB). 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. [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. [^ 59] SeeMatter of H-G-G-, 27 I&N Dec. 617 (AAO 2019). DHS has lifted the previous cap of 24,000 Venezuelan beneficiaries and will now .