As a result, many applicants for permanent residence who have lived in the U.S. without permission have an important reason to try to adjust status. An immigrant should submit the following to establish eligibility for presumption of lawful admission for permanent residence: 1. The I-485 instructions warn that, "If you cannot produce this primary evidence, and DHS has no record of the admission or parole, USCIS will presume that you came into the United States without admission or parole.". There’s a chance the lawyer would still have your records on file. Their departure from the U.S. could result in a time bar upon return, for three or ten years (depending on the length of the unlawful stay). Some people had a lawful entry but are unable to produce one of the above documents. Various provisions grandfathered these aliens into existing law by allowing for the recording of their lawful admission for permanent residence. ], Philippine citizen who entered the United States prior to May 1, 1934. [13]. There, they attend an interview and are given an "immigrant visa" to the U.S., which basically turns into lawful permanent residence upon arrival. Please submit a copy of one of the following documents through your Admission Portal. I entered US in 2012 with L1B and travelled out came back in 2014 on same visa. Citizen of Mexico who entered the United States at the port of Presidio, TX, prior to October 21, 1918. Proof of lawful admission? This process is called “presumption of lawful admission” and is essentially a verification of status, rather than an adjustment of status. Will I be allowed to apply for H visa if I was in the US on J1 visa and have a two-year residency abroad requirement? [6], Aliens when admitted, expressed an intention to remain temporarily or pass in transit through the United States, but who remained in the United States, including those admitted prior to June 3, 1921 or admitted pursuant to the Act of May 19, 1921. Anyone who entered without lawful admission is considered to be an "applicant for admission," meaning that they must cooperate under oath with any immigration officers who want to investigate the person's reasons and plans for being in the U.S., how long they intend to stay and whether they plan to stay permanently. For example, visitors may be “waved” across while in their cars at some border entries. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. You wouldn't be the first to lack evidence of your lawful U.S. entry. Unexpired Temporary I-551 stamp in foreign passport or … Finally (and as a last resort, because personal statements are considered less convincing than other forms of evidence), if anyone else was close enough to you or your family to know details of your mode of entry to the United States, that person could write a sworn declaration or affidavit explaining this. 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. You might also look into whether any lawyers were involved in your or your parents’ obtaining the U.S. entry visa. You will need to ask for a replacement, by filling out U.S. All rights reserved, (212) 203-2406 Fax: (212) 279-9743
[email protected], You may have already heard lots of stories about various types of visas or paths to becoming a permanent resident. As long as they entered the United States in valid visa status (and didn't misuse that visa, secretly intending to apply for a U.S. green card after arrival), they may use "adjustment of status" as the procedure by which to apply for their green card. For admission to be lawful, a foreign person must be inspected and authorized to enter by a United States immigration officer. It is the applicants’ responsibility to establish their admission through documentation, testimony, or affidavits. [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. The following table provides a list of eligible classes for presumption of lawful admission and whether evidence of admission is required. This might yield copies of your visa and I-94. [^ 10] See Matter of M-Y-C- (PDF), 8 I&N Dec. 313 (BIA 1959) (an alien who was not in fact the child of a U.S. citizen at the time of his or her admission does not qualify). Entered the United States prior to July 1, 1924. Your success with the adjustment of status application depends on pulling all the evidence together in a convincing fashion. Copy of birth certificate; 5. Although there's a waiver available based on extreme hardship to qualifying family members, it's not easy to qualify for this waiver. Individuals admitted under the Visa Waiver Program are generally ineligible to adjust status. It’s probably a long shot, but if you arrived by plane, might you by chance have a copy of the tickets your family traveled on, or other receipts from your travel to the United States? A .gov website belongs to an official government organization in the United States. a. Alien Lawfully Admitted for Permanent Residence. One way to think of Lawful Admission is to imagine a person ringing the doorbell at the front door of a house. Evidence of the applicant’s examination, entry, or admission to the United States (if applicable); 6. An alien erroneously admitted to the United States prior to July 1, 1948 in possession of a Section 4(a) 1924 Act [11] nonquota immigration visa. Do Not Sell My Personal Information. What You Need To Know About Becoming A U.S. Citizen. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. Immediate relatives of U.S. citizens (children, spouse, or parents) have an application opportunity that many other people who are eligible for a green card (lawful permanent residence) do not. See Matter of Cruz-Gastelum (PDF), 12 I&N Dec. 704 (BIA 1968) (an alien does not qualify in the absence of a record of claimed admission).