Page 223

MRG

UPDATED: NOVEMBER 2009

660

OTHER ELIGIBILITY REQUIREMENTS CITIZENSHIP AND IMMIGRATION STATUS

PRUCOL

DOCUMENTATION GUIDE FOR PRUCOL ALIEN CATEGORIES continued

ALIEN CATEGORIES GENERAL INFORMATION DOCUMENTATION/FORMS f) Aliens 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 federal immigration agency does not contemplate enforcing. Aliens in this category have filed for lawful permanent resident status.

Aliens in this category may have Form I-94 or 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) Aliens granted stay 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 BCIS does not contemplate enforcing. Aliens in this category have been found to be deportable, but the federal immigration agency may defer deportation for a specified period of time due to humanitarian reasons.

Aliens in this category will have a letter or copy of the court order and/or a Form I-94. h) Aliens granted voluntary departure pursuant to Section 242(b) of the INA whose departure the federal immigration agency does not contemplate enforcing. Aliens in this category are awaiting a visa. NOTE: N/A

SECTION 242 (b) OF THE INA HAS BEEN REPEALED Such aliens are provided Forms I-94 and/or I-210 which indicate a departure within 60 days. This may be extended if the visa is not ready within the time allotted. i) Aliens granted deferred action status pursuant to the federal immigration agency’s operating policy.

Aliens in this category will have Form I-210 or a letter indicating that the alien’s departure has been deferred. j) Aliens who entered and have continuously resided in the United States since before January 1, 1972. Aliens in this category are presumed by the federal immigration agency to meet certain criteria for lawful permanent residence.

Obtain any documentary proof establishing entry and continuous residence. k) Aliens granted suspension of deportation pursuant to Section 244 of the INA whose departure the federal Immigration agency does not contemplate enforcing. Aliens in this category have been found deportable, have met a period of continuous residence and have filed an application for the federal immigration agency to suspend deportation, which has been granted.

Aliens in this category will have a letter/order from an immigration judge and a Form I-94 showing suspension of deportation granted. After lawful permanent residence is granted the alien will have a Form I-551.