The following table provides a list of eligible classes for presumption of lawful admission and whether evidence of admission is required. However, an officer should consider the passage of time since the events in question and the difficulties inherent in documenting events that may have occurred decades ago. It is the applicants’ responsibility to establish their admission through documentation, testimony, or affidavits. Īll presumption of lawful admission cases require an admission to the United States in 1957 or earlier. The applicant must also be physically present in the United States at the time he or she files the application. An officer should review the regulation to ensure an applicant is in fact eligible to register his or her lawful permanent residence.Įligibility to register permanent resident status based on a presumption of lawful admission requires an immigrant to establish that he or she has not abandoned his or her residence in the United States. One of the tests for retention of permanent resident status is continuous residence in the United States. Others require a particular nationality, entry at a particular location, entry by a certain manner, or other requirements. Some merely require that the applicant establish that he or she entered the United States before a certain date. There are more than 30 situations when an immigrant is entitled to presumption of lawful admission for permanent residence. C. Legal AuthorityĨ CFR 101.1 – Presumption of lawful admissionĨ CFR 264.2 – Application for creation of record of permanent residenceĪn immigrant is presumed to be a lawful permanent resident of the United States if he or she can show presence in the United States under any of the standards in 8 CFR 101.1. Various provisions grandfathered these noncitizens into existing law by allowing for the recording of their lawful admission for permanent residence. immigration laws were codified, certain groups of noncitizens were unable to prove their entry, admission, or immigration status in the United States based on records or other evidence. This process is called “presumption of lawful admission” and is essentially a verification of status, rather than an adjustment of status. Such immigrants who have not abandoned status or been ordered excluded, deported, or removed may be eligible for a creation of record of their lawful permanent residence. USCIS may recognize certain classes of immigrants who entered the United States during specific time periods as having been lawfully admitted for permanent residence even though a record of their admission cannot be found.
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