Impact of CBP Annotations (or lack thereof) and Documentation of Arrivals
On August 12, 2012, US Customs and Border Protection (CBP) confirmed that it no longer places admission stamps on Form I-20 and Form DS-2019. What training has the NBC received on this issue in particular when looking for documentation that an applicant for Adjustment of Status has been “inspected and admitted”?
Changes by CBP in recent months regarding its processes have not affected how NBC conducts its review for prima facie evidence of “inspection and admission or parole”. NBC continues to check for one or more of the following in its checklist review process: Form I-94, stamped passport page, stamped I-512, border crossing card, Form I-797 Approval Notice for I-102. The USCIS Field Office makes the final determination on each case as to whether an applicant was inspected and admitted or paroled.
NBC will also check available systems for evidence of inspection and admission or parole. However, lack of evidence from the applicant and our systems may result in denial.
The following statement currently appears on the DHS website:
“There has been an important change in the process for international students entering the United States. As of August 10, 2012, US Customs and Border Protection (CBP) no longer provides admission stamps at a United States Port of Entry on Form I-20, “Certificate of Eligibility for Nonimmigrant Student Status,” or Form DS-2019, “Certificate of Eligibility for Exchange Visitor (J-1) Status,” for prospective and returning F, M and J nonimmigrants. CBP will continue, however to stamp passport and Forms I-94, “Arrival/Departure Record”, stamped upon arrival at a Port of Entry.
Training is an important and integral part of NBC’s efforts to ensure that officers are knowledgeable and skilled regarding immigration law, processes and procedures. As changes occur in immigration law, processes and procedures; NBC develops and provides appropriate training for officers and staff, as needed.
As provided under the Immigration Reform and Control Act of 1986 (IRCA), Special Agricultural Workers (SAWs) were issued temporary residence cards (Form I-688a). The status authorized travel and many individuals holding temporary residence traveled on these documents. When inspected and admitted, no annotations were entered in passports, nor were Forms I-94 issued. What evidence will the NBC accept as proof of lawful entry from a person who was admitted in SAW status over the years?
A copy of the I-688, Temporary Residence Card, or I-688a, Employment Authorization Document specifically identified with the “SAW” or Section “210” annotation, will be accepted by NBC as prima facie proof of inspection and admission or parole in the initial evidence checklist review process. Form I-688a was issued by USCIS during pendency of the application for legalization. The Field Office makes the final determination on each case as to whether an applicant was inspected and admitted or paroled.
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