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. Ask a lawyer - it's free! 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. with Asylee or Refugee Status/Stamp Not Required . [6], After a qualifying parent or legal guardian files an application (an Affidavit of Relationship) with the U.S. Department of State Bureau of Population, Refugees and Migration through a U.S. Resettlement Agency, the children and eligible family members undergo a pre-screening interview with the International Organization for Migration in the country where they are located, complete a DNA test (where applicable), and go through a refugee interview with USCIS. U.S. 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. An asylee whose adjustment application is based on his or her asylee status adjusts under INA 209(b). [^ 90] See 8 CFR 103.2(a)(7) and 8 CFR 245.2(a)(2)(i). 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]. See Chapter 8, Inapplicability of Bars to Adjustment, Section E, Employment-Based Exemption under INA 245(k) [7 USCIS-PM B.8(E)]. INA 101(a)(13)(B) clarifies that parole is not admission. Inspected and paroled into the United States. Several circuits and the BIA have opined on this and rejected the argument that the two concepts are equivalent processes. The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. For more information, please visit the State Department website or the U.S. Department of Homeland Security website. [^ 89] See 8 CFR 103.2(a) and 8 CFR 103.2(b). Ukrainian passport with a USCIS Parole stamp including the purpose for parole, date of admission, and date of expiration for parole. [1], in 1960, INA section 245(a) was amended to allow for the adjustment of status of an alien who had been inspected and admitted, or paroled, into the United States, subject to a number of requirements and restrictions. [^ 74] Determining whether a prior entry was an admission or parole may be necessary, for example, in employment-based adjustment of status applications by noncitizens seeking an exception to the bars to adjustment in INA 245(c)(2), (7), and (8). [^ 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). Legislative history does not elaborate on the meaning of lawful.. See Chapter 8, Inapplicability of Bars to Adjustment, Section E, Employment-Based Exemption under INA 245(k) [7 USCIS-PM B.8(E)]. 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.