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Showing posts with label I-94. Show all posts
Showing posts with label I-94. Show all posts

Saturday, November 10, 2012

CBP Code Stamps (Codes found in passports -- immigration law)

From time to time, we get requests to dechiper scrawl found on I-94 forms, passports, or even handwritten notes on visa pages. I am including in this brief post the codes that are often associated with those scribbles, and what they mean:

(As a footnote, credit is due to Mr. Robert Rone, an attorney in Mobile, Alabama, and Ms. Meighan L. Vargas, another attorney specializing in immigration law. While they did not come up with the codes (obviously!), they did format them in these nice tables I am displaying here.)

CBP is an abbreviation for "customs and border patrol", and it refers to the officers that inspect incoming aliens upon arrival in the US. From the CBP website:

After the successful completion of processing the applicant, a CBP officer stamps the applicant’s CBP Form I-94, Arrival and Departure Records, and the passport. The CBP Declaration, used at air and sea ports of entry, may also be stamped by the CBP officer. The CBP officer retains the arrival portion of the CBP Form I-94 and returns the departure portion of the CBP Form I-94 and passport to the applicant.


However, the following notations can be found anywhere in the a passport or visa form. They are not limited to an I-94 specifically.

Immigration Status

CARES Code

I-94 Codes

I-551 Codes

Other

Cuban/Haitian Entrant

11

212(d)(5) or paroled or C/H Entrant and from Cuba or Haiti or I-551 stamp and CU6 or CH6

CU6 or CU7, CH6

Unexpired and expired 1-551 stamp in foreign passport

Deportation Withheld

15

106 or 243(h) or 241(b)(3)

NA

INS Form I-688B annotated 274a.12(a)(10); INS Form I-766, annotated A10; order from an immigration judge showing deportation withheld under 243(h) or removal withheld under 241(b)(3)

Battered Alien

16

AR1, AR6,

C20 through C29, CF1, CF2, CR1, CR6, CR7, CX1, CX2, CX3, CX6, CX7, CX8,

F20 through F29, FX1, FX2, FX3, FX6, FX7, FX8, IF1, IF2, IR1, IR2, IR3, IR4, IR6, IR7, IR8, IR9, IW1, IW2, IW6, IW7, MR6, MR7, P21, P22, P23, P26, P27, P28; IB3, IB6, IB7, IB8, B11, B12, B16, B17, B20 through B29, B31, B32, B33, B36, B37, B37, B38, BX1, BX2, BX3, BX6, BX7, BX8 some Z13

AR1, AR6,

C20 through C29, CF1, CF2, CR1, CR6, CR7, CX1, CX2, CX3, CX6, CX7, CX8,

F20 through F29, FX1, FX2, FX3, FX6, FX7, FX8, IF1, IF2, IR1, IR2, IR3, IR4, IR6, IR7, IR8, IR9, IW1, IW2, IW6, IW7, MR6, MR7, P21, P22, P23, P26, P27, P28; IB3, IB6, IB7, IB8, B11, B12, B16, B17, B20 through B29, B31, B32, B33, B36, B37, B38, BX1, BX2, BX3, BX6, BX7, BX8 some Z13

I-551 stamp in foreign passport with one of the preceding codes; or

IMPORTANT: Applicant has filed an I-130 or I-360 petition as a battered alien.

INS Form - 797 is documentation of approval of an I-130 application.



Immigration Status

CARES Code

I-94 Codes

I-551 Codes

Other

Cuban/Haitian Entrant

11

212(d)(5) or paroled or C/H Entrant and from Cuba or Haiti or I-551 stamp and CU6 or CH6

CU6 or CU7, CH6

Unexpired and expired 1-551 stamp in foreign passport

Deportation Withheld

15

106 or 243(h) or 241(b)(3)

NA

INS Form I-688B annotated 274a.12(a)(10); INS Form I-766, annotated A10; order from an immigration judge showing deportation withheld under 243(h) or removal withheld under 241(b)(3)

Battered Alien

16

AR1, AR6,

C20 through C29, CF1, CF2, CR1, CR6, CR7, CX1, CX2, CX3, CX6, CX7, CX8,

F20 through F29, FX1, FX2, FX3, FX6, FX7, FX8, IF1, IF2, IR1, IR2, IR3, IR4, IR6, IR7, IR8, IR9, IW1, IW2, IW6, IW7, MR6, MR7, P21, P22, P23, P26, P27, P28; IB3, IB6, IB7, IB8, B11, B12, B16, B17, B20 through B29, B31, B32, B33, B36, B37, B37, B38, BX1, BX2, BX3, BX6, BX7, BX8 some Z13

AR1, AR6,

C20 through C29, CF1, CF2, CR1, CR6, CR7, CX1, CX2, CX3, CX6, CX7, CX8,

F20 through F29, FX1, FX2, FX3, FX6, FX7, FX8, IF1, IF2, IR1, IR2, IR3, IR4, IR6, IR7, IR8, IR9, IW1, IW2, IW6, IW7, MR6, MR7, P21, P22, P23, P26, P27, P28; IB3, IB6, IB7, IB8, B11, B12, B16, B17, B20 through B29, B31, B32, B33, B36, B37, B38, BX1, BX2, BX3, BX6, BX7, BX8 some Z13

I-551 stamp in foreign passport with one of the preceding codes; or

IMPORTANT: Applicant has filed an I-130 or I-360 petition as a battered alien.

INS Form - 797 is documentation of approval of an I-130 application.

Amerasian

17

AM1, AM2, or AM3

AM 6, AM7, or AM8

I-551 stamp in foreign passport with one of the preceding codes

Foreign born Native American

18

S13

S13

I-551 stamp in foreign passport with S13 tribal membership card from federally recognized tribe.

Trafficking Victim

19

T-2, T-3, T-4 and T-5 known as "Derivative T" visas are not currently available in the SAVE system.

 

Call the toll-free trafficking verification line at 1-866-401-5510 to notify ORR of the benefits for which the individual has applied.

 

Health and Human Service Office of Refugee Resettlement Certification Letter



Hanover Law specializes in immigration defense -- specifically in court for removal, deportation, and asylum claims. We would be glad to take a look at your situation and help you get the best possible outcome. Call us at 703-402-2723 to discuss your case and begin the process getting you both legal, and working, in the US.

S

Sean R. Hanover, Esq
HanoverLawPC.com
Contact Us
703-402-2723

I-94 and -Humanitarian- Notation in Immigration Law

I was recently answering questions on AVVO, an attorney inquriy board that, in part, specializes in immigration questions. An interesting question about I-94 forms and humaitarian/refugee parole was asked.

First, you need to understand the purpose of an I-94. The I-94 is often (but not always) given when an immigrant enters the country through a boarder crossing or inspection point. The actual name of the form is "arrival/departure record". It should be noted that many immigrants do NOT get this, and its absence does not per se cause a denial of any benefit (although it does shift the burden of proving legal entry onto the immigrant). Most commonly, folks come to the United States under a B2 visa. This visa, known as a visitor visa, entitles the bearer to remain up to 6 months in the country. The actual amount of time the visa holder may stay is -- you got it! - marked on the I-94. There are also certain codes entered on the I-94 that tell CBP (custom and board patrol officers) the nature of your entry, whether you are being watched or tracked, if you are permitted multiple entry/re-entry on the same I-94, etc.). In the instant case, the question is: what does the indication "indefinite" mean on the I-94? It means that instead of a 6-mos or other time window for this arriving alien, CBP granted "parole" to remain in the country without ever having to depart. This is in effect a pseudo-deferral, allowing the immigrant to remain in the country, but providing no benefits (work permit, for example). It is an excellent defense to a removal charge (assuming no criminal charges), but does little to provide a future for the immigrant.

In this instance, the proper next step would be application for asylum. Asylum is, defacto, a request for humanitarian/refugee relief. It means that you have a credible, meaningful fear of returning from where-ever you came from. More importantly, because CBP already paroled you in under humanitarian grounds, the credible fear determination is all but automatic. I don't know the specifics of your case, but one can imagine it must be compelling, as CBP paroles are not that common.

Once you apply for asylum, and you have established your credible fear during that process, you are eligible for EAD (employment authorization documents). This in turn allows you to work legally in the US.

The trick here is to ensure your asylum application process is done properly and timely, so you do not lose out on the potential benefit of a CBP humanitarian parole.

Hanover Law specializes in immigration defense -- specifically in court for removal, deportation, and asylum claims. We would be glad to take a look at your situation and help you get the best possible outcome. Call us at 703-402-2723 to discuss your case and begin the process getting you both legal, and working, in the US.

S

Sean R. Hanover, Esq
HanoverLawPC.com
Contact Us
703-402-2723