In order to be elgible to adjust status in the United States, an applicant must have had a legal entry at a designated port of entry. A legal entry is defined as after an immigration officer has inspected and admitted the person at a designated port of entry. Is parole a legal entry. Yes and no. If a person is paroled into the United States, meaning the person was inspected at a desiginated port of entry and permitted to enter the United States, then he is an arriving alien and still can adjust status as he has had a legal entry.
How to Deterimine if You had a legal Entry
Normally, at a port of entry, the immigration officer will stamp your passport and issue an I-94 card. Normally the card is stamped into the passport. In some instances, if that card is lost the card can be reissued by the appropriate applications being filed with USCIS. A FOIA request may also demonstrate that an I-94 was issued. Sometimes people have entered on the Visa Waiver Program. Submitting the airplane tickets demonstrating that the person flew into and was subsequently inspected and admitted will sometimes help. The burden is on the applicant to demonstrate that they have had a legal entry.
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