After entering the U.S. under parole, the family member would need to wait for their immigration visa priority date to arrive before applying for lawful permanent resident status, although the family member would have the option of applying for discretionary work authorization in the meantime. [93], The immigrant petition establishing the underlying basis to adjust is typically filed before the noncitizen files the adjustment application. Re-entry Permit. 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. Since March 2021, when it reopened the CAM Program only for some applications filed originally between 2014 and 2017 (those that had not received an interview before their case was closed), approximately several hundred CAM beneficiaries have reached the United States. A noncitizenis paroled if the following conditions are met: They are seeking admission to the United States at a port of entry; and, An immigration officer inspected them as an alien and permitted them to enter the United States without determining whether they may be admitted into the United States. The first step is to complete form I-313, available from the U.S. Citizen and Immigration Services (USCIS). [^ 122] See Chapter 8, Inapplicability of Bars to Adjustment [7 USCIS-PM B.8]. [^ 59] SeeMatter of H-G-G-, 27 I&N Dec. 617 (AAO 2019). The adjustment application must be properly signed and accompanied by the appropriate fee. U.S. Parole w/ arrival dates 2/24/2022 - 9/30/2023 (paroled after 9/30/2023 and is the spouse or child or is the parent,legal guardian, or primary caregiver who is determined tobe an unaccompanied Upon inspection, the officer at the port of entry typically decides one of the following outcomes for the noncitizen: The officer allows them to withdraw his or her application for admission and depart immediately from the United States;[17], The officer denies them admission into the United States; or, The officer defers the inspection to a later time at either the same or another CBP office or a port of entry. [10] Under Phase One, USCIS began to process new applications and reopened some cases terminated in 2018. Foreign residents should contact their respective governments to obtain passports. [11] Various obstacles have prevented many qualified individuals from applying and processing bottlenecks have constrained prompt adjudication of cases and kept most others from resettlement. Official websites use .gov Looking for U.S. government information and services? [6] CAM parolees are eligible to apply for work authorization and may apply for another form of immigration relief to secure a permanent 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. Neither the statute nor regulations deem a release on conditional parole equal to a parole under INA 212(d)(5)(A). See NC FAST job aid, SAVE Automation Verification, for more information. 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. See Section 304(c) of MTINA,Pub. 1733, 1749 (December 12, 1991), as amended. [7] All applicants are initially considered for refugee status. More . See Flores v. USCIS (PDF), 718 F.3d 548 (6th Cir. The applicant must properly file an adjustment of status application. 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]. [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. If the Principal Applicant (in H-1B, L-1A, or L-1B status) reenters the U.S. pursuant to a valid Advance Parole document, he/she will be paroled into the U.S. Any dependent family members with pending adjustment applications who had been maintaining H-4 or L-2 status will not be permitted to reenter the U.S. with a valid H-4 or L-2 visa stamp . Violations either before or after the filing of Form I-485 will render a noncitizenineligible to adjust status under INA 245(a). A noncitizenwho is present in the United States without inspection and admission or inspection and parole is an applicant for admission. See 8 CFR 245.1(g)(1), 8 CFR 245.2(a)(5)(ii), and 8 CFR 103.2(b)(1). When the customs agent at Kennedy International Airport stamped Jenifer Guzman Gonzalez's Mexican passport on Monday, Ms . The parole, which would allow immigrants to work and to freely come and go from the country, would be granted for five years and renewable for another five years up to a maximum of ten years.[16][17]. There may be circumstances where asylees are not able to meet certain requirements for adjustment under INA 245(a). 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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Immigrant visa with the notation "upon endorsement serves as temporary . 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. The applicant must be admissible to the United States for lawful permanent residence or eligible for a waiver of inadmissibility or other form of relief. L. 102-232 (PDF), 105 Stat. The benefits and assistance will be available until March 31, 2023, or the U.S. 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. on a foreign passport or on . See Ramirez v. Brown (PDF), 852 F.3d 954 (9th Cir. 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). See Chapter 8, Inapplicability of Bars to Adjustment, Section E, Employment-Based Exemption under INA 245(k) [7 USCIS-PM B.8(E)]. A .gov website belongs to an official government organization in the United States. 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. Message. Passport page with admission or parole stamp issued by an immigration officer; Passport page with nonimmigrant visa; Form I-94 Arrival-Departure Record; USCIS will accept secondary evidence if one of the primary documents listed above is unavailable. To obtain a paper version of an electronic Form I-94, visit the CBP website. Parole under immigration law is very different than in the criminal justice context. Admission as a bona fide nonimmigrant remained a requirement until 1960. [^ 78] See Retail, Wholesale and Department Store Union AFL-CIO v. NLRB, 466 F.2d 380, 390 (D.C. Cir. Legislative history does not elaborate on the meaning of lawful.. The applicant may submit a fee waiver request. [1], Among the categories of parole are port-of-entry parole, humanitarian parole, parole-in-place, removal-related parole, and advance parole (typically requested by persons inside the United States who need to travel outside the U.S. without abandoning status, such as applicants for LPR status, holders of and applicants for TPS, and individuals with other forms of parole). L. 104-208 (PDF), 110 Stat. Answer: It's just standard procedure that someone allowed to enter on an Advance Parole is paroled for 1 year. On this Wikipedia the language links are at the top of the page across from the article title. 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. [^ 57] See Sanchez v. Mayorkas (PDF), 141 S.Ct. Secure .gov websites use HTTPS [94], In general, an immigrant visa must be available before a noncitizencan apply for adjustment of status. 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. Be sure to try both designations. 3 attorney answers. Deferred inspection is generally granted only after CBP: Verifies the persons identity and nationality; Determines that the person would likely be able to overcome the identified inadmissibility by obtaining a waiver or additional evidence; and. Official websites use .gov Ask a lawyer - it's free! [^ 65] See Duarte v. Mayorkas, 27 F.4th 1044 (5th Cir. Absent a criminal conviction or other serious adverse factors, parole in place would generally be an appropriate exercise of discretion for such a person. 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 . In the first year of accepting new applications, no case was completed and resulted in a beneficiary traveling to the Untied States. Advance parole is permission for a non-U.S. national, who does not have a valid immigrant visa, to request re-entry to the United States after traveling abroad, and to temporarily leave the U.S. without abandoning an ongoing immigration status. The initial response may also include employment authorization information if the parolee has an EAD. Chapter 8 - Inapplicability of Bars to Adjustment, Chapter 2 - Lawful Permanent Resident Admission for Naturalization, 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, Chapter 5 - Conditional Permanent Resident Spouses and Naturalization, Part A - Adjustment of Status Policies and Procedures, Part F - Special Immigrant-Based (EB-4) Adjustment. [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. [121] For example, an applicant admitted under the Visa Waiver Program who overstays the admission is barred by both INA 245(c)(2) and INA 245(c)(4). [^ 12] See INA 231-235 and INA 275. [^ 92] Diversity visas do not rely on a USCIS-filed petition to obtain a visa. INA 245(a) Adjustment of Status Eligibility Requirements, Inspected and admitted into the United States; or. with Asylee or Refugee Status/Stamp Not Required . manchester running test; defender perfume fragrantica; asian leadership institute; niiyama haikyuu uniform; lake murray beach open; hodge twins unmasked shirt [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. For more information, please visit the State Department website or the U.S. Department of Homeland Security website. [^ 71] See Section 304(c) of MTINA,Pub. See Ortega-Cervantes v. Gonzales (PDF), 501 F.3d 1111 (9th Cir. [^ 120] If an adjustment applicant is eligible for the 245(k) exemption, then he or she is exempted from the INA 245(c)(8) bar to adjustment. 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. 1972). The U.S. 7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures, 7 USCIS-PM B - Part B - 245(a) Adjustment, 7 USCIS-PM F - Part F - Special Immigrant-Based (EB-4) Adjustment, 7 USCIS-PM L - Part L - Refugee Adjustment, 7 USCIS-PM M - Part M - Asylee Adjustment. [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. Foreign passport with DHS/CBP admission stamp noting Ukrainian Humanitarian Parolee or "UHP" Form I-765 Employment Authorization Document (EAD) receipt notice with code C11 ; Form I-766 Employment Authorization Document (EAD) with the code C11 ; If you are a non-Ukrainian who lived in Ukraine at the time of the invasion and you have . A copy of your Form I-94. See 8 CFR 235.2(c). [4] Since 1960, the courts, legacy Immigration and Naturalization Service, and USCIS have read the statutory language inspected and admitted or paroled as: This requirement must be satisfied before the noncitizen applies for adjustment of status. USCIS recently announced that, effective Nov. 21, 2022, certain Ukrainian and Afghan parolees are employment authorized incident to their parole. [^ 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. If the past travel does not meet each of these requirements, USCIS applies the policy that was in effect at the time of departure. To qualify, applicants will be required to provide immigration papers that prove their status. 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. [1] Among the requirements, an individual must be eligible to receive an immigrant visa, and the individual must have an immigrant visa immediately available in order to adjust status.[1]. If granted deferred inspection, CBP paroles the person into the United States and defers completion of the inspection to a later time. 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. A. 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. [^ 18] Deferred inspection is a form of parole. [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. See Chapter 8, Inapplicability of Bars to Adjustment, Section E, Employment-Based Exemption under INA 245(k) [7 USCIS-PM B.8(E)]. 1084. 12 USCIS-PM D.2 - Chapter 2 - Lawful Permanent Resident Admission for Naturalization. [57] However, a grant of TPS does not prevent a noncitizen from demonstrating eligibility for INA 245(a) adjustment if the noncitizen was inspected and admitted or inspected and paroled when last entering the United States. [1] As of February 10, 2020, USCIS had received a total of 28 IEP applications, of which 1 was approved, 22 were denied, 3 were withdrawn, and 2 were pending. USCIS applied these rulings only to applications for adjustment of status filed by applicants residing within these respective jurisdictions. [^ 81] See Retail, Wholesale and Department Store Union AFL-CIO v. NLRB, 466 F.2d 380, 390 (D.C. Cir. Share sensitive information only on official, secure websites. eligible parole period to July 31, 2021, through September 30, 2023. [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 legacy INS General Counsel Opinion, expressed by INS Central Office, Deputy Asst. The noncitizen may also be inadmissible for unlawful presence after previous immigration violations. 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)]. Border Crossing Card (Form I-586 or Form DSP-150[31]), provided it was valid on the date of last claimed entry. The gallery of passport stamps by country or territory contains an alphabetical list of sovereign states or dependent territories with images of their passport stamps including visas.All Schengen countries, Bulgaria, Cyprus and Romania use the same format for their stamps, and stamps are not issued while traveling from one Schengen country to another. See 8 CFR 103.7(b) and 8 CFR 103.7(c). See Matter of S- (PDF), 9 I&N Dec. 599 (BIA 1962). [^ 106] See INA 201(b). [^ 68] See Rescission of Matter of Z-R-Z-C- as an Adopted Decision; agency interpretation of authorized travel by TPS beneficiaries (PDF, 3.36 MB), PM-602-0188, issued July 1, 2022. [^ 110] See INA 101(a)(15)(S) and INA 245(j). The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) amended the statute by changing the concept of entry to admission and admitted. See Section 301(a) of IIRIRA, Division C of Pub. Form I-94 or Cuban or Haitian passport with a Department of Homeland Security or legacy Immigration and Naturalization Service stamp noting "parole under 212(d)(5)." Form I-766, Employment Authorization Document (EAD), with category code "C11" or "A04." The C11 code indicates that the individual was paroled into the United States. The noncitizen may also be inadmissible for presence without admission or parole (INA 212(a)(6)(A)(i)) and unlawful presence after previous immigration violations (INA 212(a)(9)(C)). This page was last edited on 8 February 2023, at 17:13. [80] In this assessment, the negative impact carries significant weight, and because factors 1 and 2 also weigh against retroactivity, officers should generally avoid retroactive application if the applicant would be harmed. [^ 84] The grant of asylum is not an admission contemplated under INA 101(a)(13)(A). See Matter of Pinzon (PDF), 26 I&N Dec. 189 (BIA 2013). [^ 27] See INA 212(a)(2). USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. Please send any questions or concerns regarding documentation or SAVE verification of Ukrainian Humanitarian Parole to your SAVE Agency Relationship manager or SAVE.Help@uscis.dhs.gov. An I-131 application for Advance Parole is filed with U.S. Citizenship and Immigration Services (USCIS). 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. These students may have a Form I-766, Employment Authorization Document (EAD), with a C11 category or a CBP "PAROLED" stamp in their passport. . 477. . [^ 40] CBP generally creates either an A-file or T-file to document the deferred inspection. 163, 217 (June 27, 1952). CBP does not charge a fee for this service. 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. 2) If my case is denied before 1/2/2020, can I adjust status to other things? See Delgado-Sobalvarro v. Atty. with Class of Admission: OAR, UHP, or . [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. 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. An I-94 or unexpired foreign passport with a parole stamp may show a . See Pub. For more information, please visit the State Department website or the U.S. Department of Homeland Security website. An emergent personal or bona fide reason to travel temporarily abroad. [^ 80] See Retail, Wholesale and Department Store Union AFL-CIO v. NLRB, 466 F.2d 380, 390 (D.C. Cir. 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). [79] If the applicant did rely on past policy or practice, the officer considers whether retroactive application of the new policy would negatively affect or otherwise burden the applicant due to such reliance (factor 4). [^ 76] The five-factor test formulated by the D.C. Evidence of Parole. [^ 89] See 8 CFR 103.2(a) and 8 CFR 103.2(b). Aliens with Advance Parole are still subject to the U.S. Customs and Border Protection inspection process at the port of entry. Some of these passports may have an "OAR" notation in the parole stamp. 63, No. USCIS charges a fee for this service. L. 102-232 (PDF) (December 12, 1991), as amended. [^ 14] See INA 235(d). Because the spouse and children do not have an independent basis to adjust status apart from their relationship to the principal immigrant, they are dependents of the principal for purpose of eligibility for adjustment of status. Parole, is now a valid form of documentation of a qualifying immigration status for Afghan and Iraqi special immigrants. [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. 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. Foreign passport with an approved I-94 Arrival/Departure Record. Conditional parole is also known as release from custody. This announcement provides information about documentation and the SAVE verification process for individuals paroled into the United States under Uniting for Ukraine, which permits Ukrainian citizens and their immediate family members to be considered for parole on a case-by-case basis for up to two years. See 8 CFR 235.1(f)(1). [11] Inspections for air, sea, and land arrivals are now codified in the Immigration and Nationality Act (INA), including criminal penalties for illegal entry.[12]. A noncitizenwho is deferred inspection is paroled into the United States for the period of time necessary to complete the inspection. Even if an exemption applies to an applicant who would otherwise be barred from adjustment of status, the applicant may still be denied adjustment as a matter of discretion. [^ 69] TPS beneficiaries are noncitizens granted TPS in accordance with INA 244(a)(1)(A). [^ 58] SeeINA 244(f)(4). [58]TPS does not cure any previous failure to maintain continuously a lawful status in the United States. the parole stamp in their passport. Verification is established by Form I-94 noting humanitarian parole (per INA section 212(d)(5) or 8 U.S.C. See Chapter 4, Status and Nonimmigrant Visa Violations (INA 245(c)(2) and INA 245(c)(8)) [7 USCIS-PM B.4]. Notwithstanding, if the noncitizen makes a false claim to U.S. citizenship or to U.S. nationality at the port of entry and an immigration officer permits the noncitizen to enter the United States, the noncitizen has not been admitted. 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. Such parole shall be issued on a case-by-case basis for urgent humanitarian reasons, which is why it is sometimes referred to as . A noncitizenwho makes a false claim to U.S. citizenship is inadmissible for making the claim (INA 212(a)(6)(C)(ii)). L. 102-232 (PDF), 105 Stat. 7. Accordingly, retroactivity determinations usually center on factors 3 and 4. [^ 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. 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). [10], Inspection is the formal process of determining whether a noncitizenmay lawfully enter the United States. Parolees with DT COA who were paroled into the United States between Feb. 24, 2022, and Sept. 30, 2023 and whose I-94 indicates Ukraine as country of citizenship. [36], A grant of parole is a temporary and discretionary act exercised on a case-by-case basis. [95] An immigrant visa is always available to applicants seeking adjustment as immediate relatives. 5. Related forms and documentation include the Application for Temporary Protected Status (Form I-821) and Application for Travel Document (Form I-131). A .gov website belongs to an official government organization in the United States. The decision to defer inspection is at the CBP officers discretion. 3124, 3136 (This legislation will not benefit the alien who has entered the United States in violation of the law) and 3137 (The wording of the amendments is such as not to grant eligibility for adjustment of status to alien crewmen and to aliens who entered the United States surreptitiously). [^ 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)]. [^ 97] If one or more of the grounds listed in INA 212 applies to an applicant then the applicant may be inadmissible. Cal. 2011). [^ 23] See Matter of Quilantan (PDF), 25 I&N Dec. 289, 290 (BIA 2010). [^ 60] SeeINA 244(f)(3). 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.