CATEGORY 1
-
•
DHS Form I-94 with stamp showing parole at any time as “Cuban/Haitian Entrant (Status
Pending)”, or
-
•
DHS Form I-94 with stamp showing parole (other than for law enforcement purposes)
into the U.S. on or after 4/21/80
In addition, a national of Cuba or Haiti who has one of the following documents may
be a Category 1B Cuban/Haitian entrant if the parole was for other than law enforcement purposes:
-
•
DHS Form I-688A annotated with codes “274a.12(a)(4)” or “274a.12(c)(11),” or
-
•
DHS Form I-688B annotated with codes “274a.12(a)(4)” or “274a.12(c)(11),” or
-
•
DHS Form I-766 annotated with code “A4” or “C11.”
CAUTION: An individual who has an immigration document with code CH6 may or may not be a Category 1 Cuban/Haitian entrant.
|
The date “Cuban/Haitian entrant” status was acquired for Category 1 cases is the original
date of parole into the U.S. under the terms described in SI 00502.108B.1. The listed documents may not always show the date the individual was paroled into
the U.S. as a “Cuban/Haitian entrant,” and, where shown, the date may not be reliable
because replacement documents may have been issued.
|
An alien who meets the requirements remains a Category 1 Cuban/Haitian entrant without
regard to their current immigration status.
|
CATEGORY 2(A)
-
•
Unexpired DHS Form I-94 showing parole into the U.S.; or
-
•
Unexpired DHS employment authorization document (Form I-688A, Form I-688B or Form
I-766) with code “274a.12(a)(4)” “274a.12(c)(11),” “A4,” or “C11.”
NOTE: Expired documents may be accepted for category 2(A) to document status as of 8/22/96
(for lawfully residing/blind or disabled exception) and beginning of 7-year period
if the alien adjusted to another status; e.g., LAPR.
|
The date “Cuban/Haitian entrant” status was acquired for Category 2(A) is the original
date the alien obtained parole into the U.S.
NOTE: The listed documents may not always show the date the individual was paroled into
the U.S. as a “Cuban/Haitian entrant,” and, where shown, the date may not be reliable
because replacement documents may have been issued.
|
Category 2(A) Cuban/Haitian entrant status ends with:
-
•
Loss of parole status (consider qualified alien status under the present status),
or
-
•
The entry of an order of removal that is final, non-appealable, and legally enforceable
(SI 00502.108C.).
|
CATEGORY 2(B)
-
•
DHS Form I-221 (Order to Show Cause and Notice of Hearing); or
-
•
DHS Form I-862 (Notice to Appear), or
-
•
DHS Form I-122 (Notice to Applicant Detained for a Hearing Before an Immigration Judge)
CAUTION: Do not accept copies of DHS forms, such as Form I-589 (Application for Asylum and
Withholding of Removal), or I-485 (Application to Register Permanent Residence or
to Adjust Status) or other application for immigration relief date stamped by EOIR.
According to DHS, copies of documents have no probative value.
NOTE: Submit an SSA-8510 signed by the claimant to DHS with request for verification if
an application for asylum is involved (SI 00502.115E.9.c. Step 4).
|
The date the alien acquired status as a Category 2(B) “Cuban/Haitian entrant” is the
date the alien was first placed in removal proceedings, as shown by the date on DHS
Forms I-221,
I-862, or I-122.
|
Category 2(B) Cuban/Haitian entrant status ends with:
-
•
Termination of removal proceedings for any reason (consider qualified alien status
under the new status), or
-
•
The entry of an order of removal that is final, non-appealable, and legally enforceable
(SI 00502.108C.).
|
CATEGORY 2(C)
-
•
DHS receipt for filing Form I-589 (Application for Asylum and Withholding of Removal);
or
-
•
Unexpired DHS employment authorization document (DHS Forms I-688A, I-688B or I-766)
with code “274a.12(c) (8)” or “C8.”
CAUTION: Do not accept copies of DHS forms, such as Form I-589 (Application for Asylum and
Withholding of Removal) or I-485 (Application to Register Permanent Residence or to
Adjust Status). According to DHS, copies of documents have no probative value.
NOTE: Submit an SSA-8510 signed by the claimant to DHS with request for verification if
an application for asylum is involved (SI 00502.115E.9.c. Step 4).
|
The date the alien acquired status as a Category 2(C) “Cuban/Haitian entrant” is the
date they filed Form I-589 with DHS, as shown by the DHS receipt for the application.
If the individual did not have an earlier period of “Cuban/Haitian entrant” status
under another category and the date is material to eligibility, request the alien’s
receipt for filing Form I-589.
NOTE: the date on an DHS employment authorization document (DHS Forms I-688A, I-688B or
I-766) with code “274A.12(c)(8)” or “C8” is not the date “Cuban/Haitian entrant” Category
2(C) status was acquired. This is because under DHS rules, an asylum applicant is
not eligible to apply for employment authorization until 60 or 150 days (depending
upon the application date) after filing the application for asylum.
|
Category 2(C)
Cuban/Haitian entrant status ends with:
-
•
Termination of status as an applicant for asylum (consider qualified alien status
under the present status); or
-
•
Termination of DHS jurisdiction over the application (if the asylum application is
pending in EOIR, Cuban/Haitian entrant status may continue/be established under Category
2(B)); or
-
•
Entry of an order of removal that is final, non-appealable, and legally enforceable
(qualified alien status ends, (SI 00502.108C.)); or
-
•
Granting of asylum status (qualified alien status continues as an asylee (SI 00502.130B.5.)).
|
Nationals of Cuba or Haiti who adjust to a LAPR status under NACARA or HRIFA:
An I-551, Temporary I-551 stamp in a foreign passport, or other DHS-issued immigration
document annotated with one of the following codes:
-
•
NC6, NC7, NC8, or NC9 (indicating adjustment under NACARA) or
-
•
HB8, HB9, HC6, HC7, HC8, HC9, HD6, HD7, HD8, HD9, HE6, HE7, HE8, or HE9 (indicating
adjustment under HRIFA.)
|
The alien acquires status as a “Cuban/Haitian entrant” effective with the date LAPR
status was granted under NACARA or HRIFA.
|
“Cuban/Haitian entrant” status generally will not end unless LAPR status is terminated
or revoked.
|
Nationals of Cuba or Haiti who adjust to LAPR status under CAA 66:
An I-551, Temporary I-551 stamp in a foreign passport, or other DHS-issued immigration
document annotated with one of the following codes:
CUP, CUO, CU6, CU7, CU8, CU9, CNP,
(indicating adjustment under CAA66)
|
The alien is to be treated as a “Cuban/Haitian entrant” effective with the date LAPR
status was granted under the CAA 66.
|
The alien will continue to be treated as a “Cuban/Haitian entrant” unless LAPR status
is terminated or revoked.
|