[^ 59] SeeMatter of H-G-G-, 27 I&N Dec. 617 (AAO 2019). See Volume 12, Citizenship and Naturalization, Part D, General Naturalization Requirements, Chapter 3, Continuous Residence [12 USCIS-PM D.3] and Chapter 4, Physical Presence [12 USCIS-PM D.4]. Some bars to adjustment may overlap in their application, despite their basis in separate sections of the law. [^ 12] See INA 231-235 and INA 275. [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]. 8 CFR 101.1- Presumption of lawful admission, 8 CFR 264.2- Application for creation of record of permanent residence, INA 249, 8 CFR 249 - Record of admission for permanent residence in the case of certain aliens who entered the United States prior to January 1, 1972, G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, I-485, Application to Register Permanent Residence or Adjust Status, How to Use the USCIS Policy Manual Website (PDF, 2.99 MB). Therefore, immediate relatives (i.e. Re-verification of eligibility for employment in the United States may also be required under certain circumstances. 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. [96], An adjustment of status applicant must be admissible to the United States. TPS beneficiaries subject to certain criminal, national security, and related grounds of inadmissibility as described in INA 244(c)(2)(A)(iii) may not be eligible for admission into TPS when returning from travel authorized under INA 244(f)(3). 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. See 8 CFR 245.1(g)(1), 8 CFR 245.2(a)(5)(ii), and 8 CFR 103.2(b)(1). [^ 30] CBP or USCIS can issue an Arrival/Departure Record (Form I-94). An immigrant visa must be immediately available when the applicant files the adjustment of status application[1] and at the time of final adjudication.[2]. 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. Some people had a lawful entry but are unable to produce one of the above documents. See Sections 10, 15, and 16 of the Immigration Act of 1917, Pub. L. 86-648 (PDF) (July 14, 1960). [^ 87] See 8 CFR 103.2(b). To verify identity and prove employment authorization, foreign nationals may use a variety of documents. SeeMatter of L- (PDF), 9 I&N Dec. 82 (BIA 1960) andMatter of A- (PDF), 9 I&N Dec. 85 (BIA 1960) (admission prior to December 24, 1952as a contract laborer cannot be cured by an admission subsequent to that date as a higher level of employee). Citizenship and Immigration Services (USCIS) for your spouse (husband or wife) to immigrate to 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. 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. Purpose USCIS may recognize certain classes of immigrants who entered the United States during specific time periods as having been lawfully admitted for permanent residence even though a record of their admission cannot be found. The offense of knowingly and willfully making any materially false, fictitious, orfraudulent statement to obtain a United States passport in violation of 18 U.S.C. 1001(a)(2) (2006) is a crime involving moral turpitude. [^ 31] U.S. Department of State Form DSP-150. These grounds are incorporated into some other penalties, as well. [^ 28] See INA 101(a)(13)(C). To adjust status, a noncitizenmust file an Application to Register Permanent Residence or Adjust Status (Form I-485) in accordance with the form instructions. [81] However, if the harm in a particular case is outweighed by the other factors, then the officer may deem a prior parole an admission in that case. For instructions on how to file a petition, including where you should send the petition, see the USCIS website. [9], Per delegation by the Secretary of Homeland Security, U.S. Customs and Border Protection (CBP) has jurisdiction over and exclusive inspection authority at ports-of-entry. See Montgomery Ward & Co. v. FTC, 691 F.2d 1322 (9th Cir. Border Crossing Card (Form I-586 or Form DSP-150[31]), provided it was valid on the date of last claimed entry. Accordingly, retroactivity determinations usually center on factors 3 and 4. [^ 8] See INA 245(h)(1), which states that SIJ-based applicants are considered paroled into the United States for purposes of INA 245(a). 1927). To find remaining AFM content, see the crosswalk (PDF, 332.97 KB)between the AFM and the Policy Manual. [99] The bars to adjustment of status may apply to applicants who either entered the United States in a particular status or manner, or committed a particular act or violation of immigration law. See Sections 8, 12, 16, and 18 of the Act of February 20, 1907, 34 Stat. [^ 89] See 8 CFR 103.2(a) and 8 CFR 103.2(b). Although you are permanently inadmissible under this ground, you may ask for permission to reapply for admission to the United States, but only if you have been physically outside the . One of the tests for retention of permanent resident status is continuous residencein the United States. [^ 80] See Retail, Wholesale and Department Store Union AFL-CIO v. NLRB, 466 F.2d 380, 390 (D.C. Cir. The historical versions linked below reflect the pertinent policy in effect on that date and dates reflect when updates occurred. Anoncitizenwho establishes he or she gained admission to the United States prior to July 1, 1924 based on a pre-examination at a U.S. immigration station in Canada. 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. [^ 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. You may need to use consular processing and request a provisional unlawful presence waiver. A personparoled for a deferred inspection typically reports for completion of inspection within 30 days of the deferral[39] to a CBP office with jurisdiction over the area where the person will be staying or residing in the United States. For example, if the applicant was in a car with U.S. license plates and with U.S. citizens onboard, the applicant should submit persuasive evidence to establish he or she physically presented himself or herself to the inspector and was admitted as a noncitizen.[88]. [^ 4] The Asiatic zone was defined in the Act of February 5, 1917 and covered much of the Middle East and Asia, including countries such as India, China, and the Philippines. Visa Waiver Program or valid visa). A person who was admitted and then overstayed his period of admission or violated his status; 3. While it is an admission, procuring admission by fraud or willful misrepresentation is illegal and has several consequences. 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. [3] However, an officer should consider the passage of time since the events in question and the difficulties inherent in documenting events that may have occurred decades ago. [^ 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. 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. The applicant may submit a fee waiver request. Dependents do not have their own underlying immigrant petition and may only adjust based on the principals adjustment of status. The applicant must be eligible to receive an immigrant visa. 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. 7030.2; Delegation of Authority to the Commissioner of U.S. Customs and Border Protection, DHS Delegation No. A noncitizenerroneously admitted to the United States prior to July 1, 1948 in possession of a Section 4(a) 1924 Act[11] nonquotaimmigration visa. [^ 9] SeeMatter of C-Y-L- (PDF), 8 I&N Dec. 371 (BIA 1959)(noncitizens not classifiable as contract laborers under the Immigration Act of 1917 are eligible forpresumption of lawful permanent residence). [^ 121] See INA 245(c)(2), INA 245(c)(7), and INA 245(c)(8). [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. 3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole, 4 USCIS-PM - Volume 4 - Refugees and Asylees. USCIS makes the determination to apply this guidance retroactively based on the circumstances of the individual case, with consideration of any reliance on the prior policy, applicable law, and any other factors relevant to the individual application. 2007). An asylee whose adjustment application is based on his or her asylee status adjusts under INA 209(b). When filing Form I-485, the applicant should submit (1) a photocopy of the passport page that was valid at the time of entry; and (2) a personal declaration that the person entered through a lawful entry. The applicant merits the favorable exercise of discretion.[3]. 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. Furthermore, an immigrant visa must be available for issuance on the date USCIS approves any adjustment application. Learning Center Adjusting Status to Permanent Resident (Form I-485) What if I have no evidence of my lawful entry? 23, 1997). Congress amended that threshold requirement several times. 1. [41], Urgent Humanitarian Reasons or Significant Public Benefit, DHS may parole a noncitizenbased on urgent humanitarian or significant public benefit reasons. If the past travel does not meet each of these requirements, USCIS applies the policy that was in effect at the time of departure. If an applicant is unable to establish the criteria necessary for presumption of lawful admission, an officer should determine whether the applicant has submitted sufficient evidence to establish eligibility for registry, and if so, adjudicate the application as a request to register lawful permanent residence underINA 249.[13]. Evidence. See INA 212(h) and INA 240A(a). [^ 117] The INA 245(c)(8) bar addresses two distinct types of immigration violations. 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. A .gov website belongs to an official government organization in the United States. U.S. Keep in mind that there are consequences for your visa or legal status in the US if you have an arrest on your record. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. This counts as a lawful entry as long as you had the proper documentation (e.g. PDF Introduction &Kdswhu - Ilrc If you cannot provide evidence that you lawfully entered the United States through one of the documents above, USCIS will presume to did not have a legal entry. 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. Civil Rights Division | IER's Frequently Asked Questions (FAQs) Applicants may also obtain Form I-94 by filing an Application for Replacement/Initial Nonimmigrant Arrival-Departure Record (Form I-102), with USCIS. If you are not a U.S. citizen, we need to see your Department of Homeland Security (DHS) or Department of State documents, such as a Form I-551 (Permanent Resident Card, commonly known as a "Green Card") to verify your 9-digit Alien Registration Number (A-Number). 2013). [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]. While factors 1 and 2 may weigh against retroactive application of this policy change, factor 5 generally weighs in favor of retroactive application. The bar also applies if the noncitizen was a crewman admitted as a C-1 to join a crew, or as a B-2 if serving on a crew. INA section 245(c)(4) renders foreign nationals admitted under the VWP ineligible to adjust status to that of a person admitted for permanent residence. 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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Neither the statute nor regulations deem a release on conditional parole equal to a parole under INA 212(d)(5)(A). Applicants who are neither U.S. citizens, nor permanent residents are designated as international applicants, as are applicants (including U.S. citizens) who have been educated outside the United States. See 8 CFR 235.1(f)(1). [^ 27] See INA 212(a)(2). SSA - POMS: RM 10211.025 - socialsecurity.gov See 62 FR 39417 (PDF) (Jul. A. [^ 65] See Duarte v. Mayorkas, 27 F.4th 1044 (5th Cir. February 21, 2023 Citizenship Contrary to popular belief, children (minors under the age of 18) generally cannot naturalize as U.S. citizens of the United States. [^ 40] CBP generally creates either an A-file or T-file to document the deferred inspection. [66], After August 20, 2020, until July 1, 2022, No, the beneficiarys status as admitted or paroled for INA 245(a) was unchanged by travel. [^ 116] There are no time restrictions on when such a violation must have occurred while physically present in the United States. How true is it that it only takes an essay to enter USA - Quora 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. [^ 58] SeeINA 244(f)(4). Looking for U.S. government information and services? In contrast, continuous physical presence refers to the requirednumber of days physically present in the United States during the period of time required. 2022). I94 - Official Website [44], Parole in Place: Parole of Certain Noncitizens Present Without Admission or Parole. [100] The table below refers to noncitizens ineligible to apply for adjustment of status, unless otherwise exempt. [^ 44] Only parole under INA 212(d)(5)(A) meets this requirement. [^ 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. 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. RECOMMENDED: Asylum Status to Green Card after Only One Year. [67], Yes, regardless of whether the beneficiary had been admitted or paroled before departing. 1084. 8 Fam 301.10 Acquisition of U.s. Citizenship Under the Child An applicant typically establishes eligibility for an immigrant visa through an immigrant petition in one of the categories listed in the table below. Related forms and documentation include the Application for Temporary Protected Status (Form I-821) and Application for Travel Document (Form I-131). See Delgado-Sobalvarro v. Atty. The I-94 is a document issued by the U.S. Customs and Border Protection (CBP) officer that inspects a foreign visitor when entering the United States through ports of entry. 874, 876. A Commonwealth of the Northern Mariana Islands (CNMI) applicant who is granted parole meets the inspected and paroled requirement. For example, the noncitizen may be inadmissible and removable. For instance, anoncitizenwho enters without inspection and is subsequently granted asylum does not satisfy the inspected and admitted or inspected and paroled requirement. The historical versions are provided for research and reference purposes only. Where the distinction between admission and parole is critical to the outcome of the adjudication, the officer assesses the individual case to determine whether to consider a prior return from TPS-authorized travel as an admission. [^ 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. [^ 76] The five-factor test formulated by the D.C. Petition for Alien Fianc(e) (Form I-129F), Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360), Immigrant Petition for Alien Worker (Form I-140), Immigrant Petition by Standalone Investor (Form I-526), Not applicable (Diversity visas do not require a USCIS-filed petition). when you share your passport and visa. An immigrantis presumed to be a lawful permanent resident of the United States if he or she can show presence in the United States under any of thestandardsin8 CFR 101.1. U.S. 0150.1; Delegation of Authority to the Assistant Secretary for U.S. Immigration and Customs Enforcement, DHS Delegation No. See Pub. A grant of temporary protected status (TPS)[55] is not, in itself, an admission for purposes of adjustment underINA 245(a).[56]. The Supreme Court decision in Sanchez overrules the rulings of the Sixth, Eighth, and Ninth Circuits; therefore, on or after June 7, 2021, a grant of TPS is no longer an admission for adjustment of status purposes in any circuit. was a little taken aback by the qns and i didn't analyse as well as needed. To obtain a paper version of an electronic Form I-94, visit the CBP website. The exception at INA 245(k) requires, in part, that the applicant be present in the United States pursuant to a lawful admission. In such cases, USCIS conducts the individualized assessment described above. When is an admission not an admission and when is a parole - Montag Law [^ 71] See Section 304(c) of MTINA,Pub. For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions, Section D, Jurisdiction [7 USCIS-PM A.3(D)]. [7], Special immigrant juveniles (SIJ) and other special immigrants are not exempt from this requirement. Described by officials from the Departments of Education and Justice as a guide to the current legal framework of the use of racial diversity university admissions, the resources released Monday . 1972). 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. What if I have no evidence of my lawful entry? [^ 100] Even if noncitizens are barred from adjusting under INA 245(a), they may still adjust under another statutory basis as long as they meet the applicable eligibility requirements. See 8 CFR 103.2(a)(2). [^ 110] See INA 101(a)(15)(S) and INA 245(j). International travelers visiting the United States can apply for or retrieve their I-94 admission number/record (which is proof of legal visitor status) as well as retrieve a limited travel history of their U.S. arrivals and departures. L. 73-127, 48 Stat. [^ 79] See the table, Effect of Authorized Travel on TPS Beneficiaries Under Applicable Policy, above. Most universities require a bit more than that. Chapter 1 - Presumption of Lawful Admission, 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, Part A - Adjustment of Status Policies and Procedures, Part F - Special Immigrant-Based Adjustment. A noncitizenwho makes a false claim to U.S. citizenship is inadmissible for making the claim (INA 212(a)(6)(C)(ii)). 40, October 10, 1986, pp. [49], Conditional parole is also known as release from custody. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A). 1733, 1749 (December 12, 1991), as amended. Those who are filing Form I-485 on the basis of asylum, VAWA self-petitioner, or special immigrant juvenile, do not need to submit documentation of inspection and admission or parole if it is not available. Clear and complete copies of original and certified US birth certificates may be accepted by mail or electronically for the purpose of verifying US lawful presence. A. [^ 39] CBP generally issues a Notice to Appear 30 days after a persons non-appearance for the deferred inspection, so an officer should review the relevant case and lookout systems for any entries related to CBP. [^ 52] See 8 CFR 235.1(h)(2). 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. Ad Feedback. An adjustment applicant must be eligible to receive an immigrant visa. [^ 96] See INA 245(a)(3). See 8 CFR 245.1(b)(9). The fact that a personis a spouse, child, or parent of an active duty member of the U.S. armed forces, a member in the Selected Reserve of the Ready Reserve, or someone who previously served in the U.S. armed forces or the Selected Reserve of the Ready Reserve ordinarily weighs heavily in favor of parole in place. 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)). See Matter of S- (PDF), 9 I&N Dec. 599 (BIA 1962). [^ 46] See legacy INS General Counsel Opinion 98-10, 1998 WL 1806685. 456, 462. The applicant must properly file an adjustment of status application. 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 103.2(b). [^ 88] For more information, see Subsection 2, Admission [7 USCIS-PM B.2(A)(2)]. [^ 113] INA 245(c)(7) does not apply to VAWA-based applicants, immediate relatives, family-based applicants, or special immigrant juveniles because these noncitizens are not seeking adjustment as employment-based applicants. [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. 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. 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. How to Obtain Proof of Your Entry Into the U.s. Most adjustment of status applicants will submit a copy of at least one of the following documents: However, there are situations that the above documents are not available. [9], A noncitizenerroneously admitted as a U.S. citizen or as a child of a U.S. citizen prior to September 11, 1957 who maintained a residence in the United States since date of admission.[10]. See Matter of V-X- (PDF), 26 I&N Dec. 147 (BIA 2013). 1733, 1749 (December 12, 1991), as amended. See 8 CFR 103.7(b) and 8 CFR 103.7(c). The Form I-94 is evidence of a nonimmigrant's term of admission and used to document legal status in the United States, including length of stay and departure. [65], Past Treatment of Travel Abroad with Prior Consent. [^ 22] See Matter of Areguilin (PDF), 17 I&N Dec. 308 (BIA 1980). PDF United States Court of Appeals for The Ninth Circuit Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicators Field Manual (AFM) content into the USCIS Policy Manual. When CBP officers encounter an alien at a port of entry who may be . 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. Biden administration advises colleges on how race of students can be [^ 41] See legacy Immigration and Naturalization Service (INS) General Counsel Opinion 94-28, 1994 WL 1753132 (whether deferred inspection constitutes parole for purposes of adjustment of status under INA 245). 1809 (2021). Lawful Permanent Residents | Homeland Security 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). 2011). As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. [45] DHS can exercise its discretion to parole such a personinto the United States. If an applicant meets the eligibility requirements provided in the regulation,[12] an officer must approve the application. [^ 124] Notwithstanding INA 245(c)(2), INA 245(c)(7), and INA 245(c)(8), the officer should treat a noncitizenwho meets the conditions set forth in INA 245(k) in the same manner as an applicant under INA 245(a). Parole is not considered admission to the United States. In such cases, the officer should address each applicable adjustment bar in the denial notice. In addition, the entry is not considered an admission for immigration purposes.[16]. 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.
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