News & Insights

1. Legal Entry and Parole

Under U.S. immigration law, a legal entry generally requires that a person be inspected and admitted or paroled by a Customs and Border Protection (CBP) officer at a port of entry. When you were paroled into the United States after inspection, even without a CBP One appointment and based on a credible fear determination, this typically qualifies as a legal entry for immigration purposes, provided that parole was officially granted.

While parole is not the same as formal admission into the U.S., parole is recognized as a lawful status under the Immigration and Nationality Act (INA) for certain purposes, such as applying for adjustment of status (AOS) under INA § 245(a) if other eligibility requirements are met.

2. Interim Notice Authorizing Parole in Lieu of I-94

The interim notice you received serves as evidence of your parole. While it is not an I-94, it holds equivalent legal value in documenting your parole status. USCIS and other immigration agencies typically accept this document as proof that you were paroled into the U.S.

3. Adjustment of Status Without Leaving the U.S.

If you were paroled, you are eligible to apply for adjustment of status (green card) from within the U.S., assuming you meet other AOS criteria, such as having an eligible petitioner or qualifying for asylum-based adjustment. You do not need to leave the country to adjust your status if:

• You were lawfully paroled, and
• You meet the conditions for adjustment under INA § 245(a).

4. Key Considerations for Adjustment of Status

Proof of Entry:

• Ensure you keep your interim parole notice and any supporting documents that confirm your inspection and parole at the border.

Bars to Adjustment:

• If you have other immigration violations or grounds of inadmissibility, these could affect your eligibility for AOS.

Timing:

• Depending on your basis for adjustment, you may need to wait for certain processes, such as family sponsorship or asylum adjudication, to proceed.

5. Additional Steps

• If you were not issued a formal I-94 but were paroled, you can request a replacement I-94 (Form I-102) for clarity. However, your parole notice should suffice for most immigration purposes.
• Consult with an experienced immigration attorney to confirm your eligibility and address any complexities in your case.