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Navigating the Maze of Lawful Entry: Your Ultimate Guide
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Under US immigration laws, lawful entry means you were “inspected and admitted or paroled.” Understanding what these means can significantly affect your application to adjust your status.
Adjustment of status is when a person changes their legal status from a nonimmigrant to an immigrant. Proof of lawful entry is required for approval to adjust status. This article delves into the intricacies of lawful entry, outlining the process and shedding light on potential consequences for violating immigration laws. Additionally, it explores nonimmigrant visas eligible for adjustment of status.
If you have legal questions about lawful entry to the US, Andrew T. Thomas, Attorneys at Law, can help you. We can answer your inquiries about lawful admission and help ensure you are lawfully admitted to the United States.
Entry into the US in violation of its immigration law can jeopardize your immigration benefits and your rights to remain in the country. Unlawful entry, constituting illegal entry, is a federal offense carrying severe consequences such as hindering green card applications, deportation, and a ban on re-entry.
If you are applying for a Green Card, proving lawful entry is imperative. So, how do you prove lawful entry?
Inspection determines a person’s eligibility for lawful entry into the US. This involves presenting yourself physically to a US immigration officer at a port of entry. The immigration officer will assess whether you, a non-citizen or non-permanent resident, are eligible to enter the US. By presenting oneself to an immigration officer at a US port of entry, a non-citizen initiates the application for admission. During inspection, you are required to present all the documentation to establish your identity and admissibility.
Following inspection, one of these scenarios may happen. You are:
Admitted to the US
Paroled into the US
Denied entry
Deferred admission to the US
A person is “admitted” to the US when the following conditions are met:
Form I-94 (the arrival/departure record) is the most common document to prove that a non-citizen or non-lawful permanent resident is admitted to the country. Other documents that can prove admission include the following:
Admission stamp in the passport
Employment authorization card
Temporary resident card
A border-crossing form
If the immigrant can meet the procedural requirements for admission, the “inspected and admitted” requirement for adjustment of status is satisfied.
Parole is granted when, without other evidence, after foreign nationals are inspected, the immigration officer cannot decisively determine whether the individual can be admitted to the country. The grant of parole is temporary and doesn’t equate to admission to the US.
An application for adjustment of status can only be made if you are physically present and residing in the US. If you are outside the country, you should obtain your visa through consular processing.
The adjustment of status application involves the following steps:
An individual applying for adjustment of status must provide evidence they have legally and lawfully entered the US and have never committed any violation of their immigration status.
Nonimmigrant visa holders currently in the US can seek an adjustment of status. Upon approval, they are admitted for permanent residence and issued with Green Card without returning to their home country.
There are over 20 categories of nonimmigrant visa classifications, including:
Ensure you have all the required documents when applying for a nonimmigrant visa. While there are documents required for the specific type of visa applied for, the following are general requirements:
Online application form
Valid passport
Photograph
Visa fee
Other documents that you may need to provide, depending on the circumstances, are the following:
Social media details
Previous US visas
Invitation letter
Travel itinerary
Sponsorship documents
Property documents
Proof of filiation
Letter from physicians
Proof of admission to a US educational institution, among others.
For US nonimmigrant visa applications, consult with an immigration lawyer. Meanwhile, if you are a lawful permanent resident and you’re anticipating traveling outside the US for one to two years, make sure to inquire about travel documents & re-entry permits from your lawyer.
Immigrant and non-immigrant visas serve distinct purposes when entering the United States. Immigrant visas are for those intending to live permanently in the U.S., including immediate relatives of U.S. citizens and special agricultural worker applicants.
These visas require a more extensive application process, emphasizing the applicant’s eligibility for permanent residency. Non-immigrant visas, on the other hand, are for temporary stays, such as tourism, business, or study.
The entry process for non-immigrant visas typically involves proving the temporary nature of the visit and the intention to return home, often requiring less documentation than immigrant visas.
Changes in immigration policy can significantly affect the process of lawful entry into the U.S. For instance, alterations to the visa waiver program or the criteria for issuing an advance parole document can streamline or complicate entry for certain groups.
Policies affecting the discretionary act exercised by immigration officers, such as granting parole for significant public benefit reasons or on humanitarian grounds, directly influence the entry process.
Moreover, changes in requirements for physical presence, the issuance of parole stamps, or the conditions under which unmarried children of visa holders can enter the U.S. reflect the dynamic nature of immigration law.
These policy shifts can either facilitate or hinder the process, impacting applicants’ ability to obtain a valid visa or utilize discretionary acts for entry.
Immigration laws can be complex and perplexing. A mistake in filling out a document may cause delay or severe consequences for those applying for adjustment of status.
If you have questions on travel documents & re-entry permits or want to know more about adjustment of status, Andrew T. Thomas, Attorneys at Law, is here to help you. We can walk you through understanding the Immigration and Nationality Act, the Illegal immigration reform, the Immigrant Responsibility Act, and more. We have years of experience proving lawful entry into the United States and have successfully argued cases before immigration judges.
Our dedicated team employs a personalized approach to address your legal issues comprehensively. Contact us today for a consultation.
