Typically, when one adjusts under INA § 245, the date of admission for lawful permanent residence is the date on which the case is completed and the adjustment approved. Generally, when filing Form I-485, Application to Adjust Status, you’ll need to prove that you had a lawful entry to the United States.Lawful entry means that you were admitted or paroled into the United States.

AFM 23.11(k).While applicants for Cuban adjustment are exempt from some inadmissibility grounds, other grounds are of particular concern. Here, the 30-month rollback is his date of admission since it is later than the date he last entered the U.S. Arturo will be eligible to adjust after five years as a permanent resident, thus the rollback provision enables him to qualify for naturalization in a shorter amount of time.Those who have adjusted under the CAA, unlike asylees, can return to Cuba without jeopardizing their status. To be eligible to apply for parole for relatives in Cuba under the CFRP program, the petitioner must meet the following requirements: be a U.S. citizen or lawful permanent resident; have an approved Form I-130 for a Cuban family member; an immigrant visa is not yet available for the relative; and the Department of State’s National Visa Center (NVC) has invited the petitioner to participate in the CFRP Program. That is true regardless of his or her nationality or place of birth. Matter of Milian, 13 I. USCIS conducts a full review of the record and supporting evidence to determine whether an interview may be warranted.Controlled Substance Traffickers​Given the vulnerable nature of SIJ based adjustment applicants and the hardships they may face because of the loss of parental support, USCIS takes special care to establish a child-friendly interview environment. If an applicant has a criminal conviction from Cuba, USCIS will want a sworn statement from the applicant addressing details of the arrest, charges, the outcome of any proceedings, and whether the applicant was imprisoned. See Subsection 1, Inspected and Admitted or Inspected and Paroled [7 USCIS-PM F.7(C)(1)].

However, the officer should ensure that the applicant remains classified as an SIJ and thus is eligible to adjust as an SIJ. This massive rule would essentially abolish the asylum system in violation of international and domestic law.Cubans benefit from rollback provisions that back date their admission to permanent residence. USCIS does not re-adjudicate the SIJ petition at the time of the adjudication of the adjustment application.

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