| Category |
Documents |
| a. Parolees admitted into U.S. for less than a year |
- I-94 with annotation "Paroled Pursuant to Section 212(d)(5)" or "parole" or "PIP"
- I-688B or I-766 coded 274a.12(a)(4), 274a.12(c)(11), A4, or C11
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b. Persons under an Order of Supervision
(Non-citizens who have been found deportable; however certain factors exist which make it unlikely that USCIS would be able to remove them.)
|
- I-94 annotated "Order of Supervision"
- I-220B Order of Supervision
- I-688B or I-766 coded 274a.12 (c)(18) or C18
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c. Persons granted indefinite stay of deportation
(Non-citizens who have been found deportable, but USCIS deferred deportation indefinitely due to humanitarian reasons.)
|
- I-94 coded 106
- Letter/order from the USCIS or Court granting indefinite stay of deportation
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d. Persons granted indefinite voluntary departure
(Status that was granted before 1996 to non-citizens who have been found deportable, but the USCIS deferred deportation indefinitely due to humanitarian reasons.)
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- I-94 or letter/order from the USCIS or Court granting voluntary departure for an indefinite time period
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e. Persons on whose behalf an immediate relative petition has been approved and her/his families covered by the petition
(Non-citizens who are immediate relatives (spouse, father, mother, or unmarried child under 21) of a U.S. citizen/LPR who has filed an I-130 on their behalf.)
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- I-94 and/or I-210 indicating departure on a specified date, however, the USCIS expects the non-citizen's visa will be available within this time
- I-797 indicating I-130 petition has been approved
- Also see documentation listed under category "l"
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f. Persons who have filed applications for adjustment of status under Section 245 of the INA and the USCIS has accepted as "properly filed"
(Non-citizens who filed for legal permanent resident status.)
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- I-94 or passports with annotation "adjustment application" or "employment authorized during status as adjustment applicant"
- I-688 or I-688A coded 245A
- I-688B or I-766 coded 274a.12 (c)(22) or C22
- Also see documentation listed under category "l"
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g. Persons granted stays of deportation
(Non-citizens who have been found deportable, but the USCIS may defer deportation for a specified period of time due to humanitarian reasons.)
|
- I-94 or letter/order from the USCIS or Court indicating granted stay of deportation
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h. Persons granted voluntary departure under Section 242(b)
(This section has been repealed.)
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N/A |
| i. Persons granted deferred action status |
- I-797 or any document from USCIS granting deferred action status
- I-688B or I-766 coded 274a.12 (c)(14) or C14
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j. Persons who entered and continuously resided in the U.S. before January 1, 1972 (Registry)
(Non-citizens are presumed by the USCIS to meet certain criteria for legal permanent residence.)
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- Any documentary proof establishing entry and continuous residence
- I-688B or I-766 coded 274a.12(c)(16) or C16
- I-797, letter/notice from the USCIS or Court indicating registry application is pending
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k. Persons granted suspension of deportation pursuant to Section 244 of the INA; the USCIS does not contemplate enforcing departure
(Non-citizens in this category have been found deportable, have met a period of continuous residence and have filed an application for the USCIS to suspend deportation, which has been granted.)
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- I-797, letter/order from an immigration judge and
- I-94 showing suspension of deportation granted. After Lawful Permanent Residence is granted the person will have a "green card" (Form I-551).
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l. Other Persons living in the U.S. with the knowledge and permission or acquiescence of the USCIS and whose departure the USCIS does not contemplate enforcing: Examples include, but are not limited to:
- Permanent non-immigrants, pursuant to P.L. 99-239 (applicable to citizens of the Federated States Micronesia and Marshall lslands5)
- Applicants for adjustment of status1, asylum2, suspension of deportation or cancellation of removal3 or for deferred action
- Persons granted extended voluntary departure4 or Deferred Enforced Departure (DED)4 due to conditions in their home country
- Persons granted Temporary Protected Status7 Persons having a "K", "V", "S" or "U" visa.
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- I-94 coded K3, K4, V1, V2, or V3, T*, U, or S (refer to Category 4: "SPECIAL NONIMMIGRANT" section below)
- I-688B or I-766 coded 274a.12(a)(8)5, 274a.12(a)(11)4, 274a.12(a)(13)6, 274a.12(c)(8)2, 274a.12(c)(9)1, 274a.12(c)(10)3, 274a.12(c)(12)6, A82, A9, A114, A136, C82, C91, or C126, 274a.12(a)(12) or (c)(19), A12, C197
- I-688 or I-688A
- I-797 indicating the USCIS has received, taken action on or approved an application or petition
- Postal Return Receipt addressed to the USCIS or copy of cancelled check to the USCIS, and copy of the enclosed documents submitted to the USCIS, or
- Correspondence to or from the USCIS, showing that the person is living in the U.S with the knowledge and permission or acquiescence of the USCIS, and the USCIS does not contemplate enforcing the person's departure from the U.S.
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