Page 209

UPDATED: JULY 2008

646

OTHER ELIGIBILITY REQUIREMENTS CITIZENSHIP AND IMMIGRATION STATUS

PRUCOL

f. Immigrants who have filed applications for Adjustment of Status pursuant to section 245 of the INA that USCIS has accepted as “properly filed” or has granted and whose departure the agency does not contemplate enforcing. (1) Immigrants in this category have filed for lawful permanent resident status. (2) Immigrants in this category may have Form I-94 or Memorandum of Creation of Record of Lawful Permanent Residence (Form I-181). Form I-181 or their passports will be stamped with either of the following: “Adjustment application” or “employment authorized during status as adjustment applicant.” g. Immigrants granted Stays of Deportation by court order, statute or regulation, or by individual determination of the federal immigration agency pursuant to section 243 of the INA whose departure the agency does not contemplate enforcing. (1) Immigrants in this category have been found to be deportable, but the agency may defer deportation for a specified period of time due to humanitarian reasons. (2) Immigrants in this category will have a letter or copy of the court order and/or a Form I-94. h. Immigrants granted Voluntary Departure pursuant to section 242(b) of the INA whose departure the agency does not contemplate enforcing. (1) Immigrants in this category are awaiting a visa. (2) Such immigrants are provided Forms I-94 and/or Form I-210 which indicate a departure within 60 days. This may be extended if the visa is not ready within the time allotted. i. Immigrants granted Deferred Action Status pursuant to agency operating policy. Immigrants in this category will have a Form I-210 or a letter indicating that the immigrant’s departure has been deferred. (MRG)