To prove lawful entry for adjustment of status, individuals must provide a valid passport with a U.S. visa, Form I-94 Arrival/Departure Record, and evidence of inspection by a Customs and Border Protection (CBP) officer. Supporting documents such as a visa approval notice, entry stamp on the passport, or a Form I-797 approval notice may also be required. These documents establish the applicant's lawful admission into the United States, a crucial requirement for adjustment of status eligibility.
What Documents Are Needed to Prove Lawful Entry for Adjustment of Status?
| Number | Name | Description |
|---|---|---|
| 1 | I-94 Arrival/Departure Record (CBP Electronic Admission) | The I-94 Arrival/Departure Record, issued electronically by U.S. Customs and Border Protection (CBP), serves as a primary document to prove lawful entry for adjustment of status applications. This record details the applicant's arrival date, admission status, and authorized length of stay, which are critical for USCIS to verify eligibility for status adjustment. |
| 2 | Digital Visa Waiver Program (ESTA) Confirmation | To prove lawful entry for adjustment of status, applicants under the Visa Waiver Program must provide the ESTA confirmation number as evidence of authorized travel to the United States. Supporting documents include the I-94 Arrival/Departure Record and passport pages showing admission stamps aligned with the approved ESTA authorization. |
| 3 | Border Crossing Card (DSP-150) Admission Stamp Evidence | To prove lawful entry for adjustment of status, applicants must present a Border Crossing Card (DSP-150) along with an admission stamp indicating the date and place of entry issued by U.S. Customs and Border Protection. This documentation verifies the initial lawful entry under the terms authorized, which is essential for USCIS to process the adjustment of status application. |
| 4 | CBP Mobile Passport Control (MPC) Entry Record | The CBP Mobile Passport Control (MPC) Entry Record is a crucial document for proving lawful entry when applying for adjustment of status, as it serves as an official record of arrival verified by U.S. Customs and Border Protection. Applicants must present the digital or printed MPC receipt alongside their Form I-94 to demonstrate authorized admission into the United States. |
| 5 | Electronic System for Travel Authorization (ESTA) Entry Record | The Electronic System for Travel Authorization (ESTA) entry record is a critical document required to prove lawful entry for adjustment of status, verifying that an individual was authorized to enter the United States under the Visa Waiver Program. This electronic record, accessible through the Department of Homeland Security, serves as official evidence of lawful admission and must be presented alongside a valid Form I-94 when applying for adjustment of status. |
| 6 | Automated Passport Control (APC) Kiosk Receipt | The Automated Passport Control (APC) Kiosk Receipt serves as critical evidence of lawful entry for individuals applying for Adjustment of Status by electronically recording the traveler's arrival data upon U.S. entry. This receipt, combined with passport stamps or I-94 arrival records, verifies the authorized admission date and port of entry required by U.S. Citizenship and Immigration Services (USCIS) during the adjustment application process. |
| 7 | US-VISIT Biometric Entry Record Printout | The US-VISIT Biometric Entry Record Printout, which captures fingerprint, photograph, and biometric data at port of entry, serves as crucial evidence of lawful entry for adjustment of status applications. Applicants must submit this printout along with their Form I-94 Arrival/Departure Record and valid passport to establish their legal admission into the United States. |
| 8 | Passport “Admission Stamp” with Class of Admission Code | A passport admission stamp containing the class of admission code is a critical document to prove lawful entry for adjustment of status in the U.S., indicating the date and port of entry. This stamp verifies that the individual was inspected and admitted or paroled into the country under a specific visa classification, which is essential for USCIS eligibility assessment. |
| 9 | Machine Readable Immigrant Visa (MRIV) with Entry Endorsement | The Machine Readable Immigrant Visa (MRIV) with Entry Endorsement is a critical document required to prove lawful entry for Adjustment of Status applications, as it contains essential biometric and entry verification data. This visa serves as primary evidence demonstrating legal entry under U.S. immigration laws, facilitating eligibility for status adjustment. |
| 10 | Form I-512 Advance Parole Document with Entry Stamp | Form I-512 Advance Parole Document with an entry stamp serves as critical evidence of lawful entry for Adjustment of Status applications, demonstrating authorized temporary travel permission into the United States. USCIS requires this document to verify that the applicant was inspected and admitted or paroled, fulfilling a key eligibility criterion for status adjustment. |
Understanding Lawful Entry: Definition and Requirements
Lawful entry is a critical concept in U.S. immigration law, referring to a noncitizen's authorized admission into the country. Establishing lawful entry is essential for individuals applying for Adjustment of Status to obtain permanent residency.
- Definition of Lawful Entry - Lawful entry occurs when a person is inspected and admitted or paroled by a U.S. immigration officer at a port of entry.
- Essential Documents - Documents such as Form I-94 (Arrival/Departure Record), valid visas, or admission stamps are primary evidence of lawful entry.
- Adjustment of Status Requirement - Proof of lawful entry must be submitted with Form I-485 to demonstrate eligibility for permanent resident status under INA SS245.
Importance of Documenting Lawful Admission
What documents are required to prove lawful entry for adjustment of status? Providing accurate documentation of lawful admission is crucial for a successful adjustment of status application. Key documents include a valid passport with an admission stamp, Form I-94 Arrival/Departure Record, and, if applicable, a visa issued by a U.S. consulate.
Primary Evidence: Form I-94 Arrival/Departure Record
To prove lawful entry for adjustment of status, the primary evidence required is the Form I-94 Arrival/Departure Record. This document verifies the date and manner of your entry into the United States.
The Form I-94 contains essential details such as arrival date, port of entry, and visa status at entry, which are critical for the adjustment application. It's issued by U.S. Customs and Border Protection and can often be accessed online if lost. Submitting a complete and accurate Form I-94 helps ensure the adjustment of status process proceeds smoothly.
Secondary Evidence of Lawful Entry
Proving lawful entry is essential for adjustment of status in immigration applications. Secondary evidence can support your case when primary documents are unavailable.
- Form I-94 Admission Record - A copy of your arrival/departure record issued by U.S. Customs and Border Protection.
- Passport Stamps - Entry and exit stamps showing the date and location of lawful entry into the United States.
- Secondary Official Documents - Boarding passes, travel itineraries, or affidavits attesting to your lawful arrival.
Providing accurate secondary evidence helps verify your lawful entry for the adjustment of status process.
Role of Passport Stamps in Proving Lawful Admission
Passport stamps play a crucial role in proving lawful admission when applying for adjustment of status. These stamps serve as official evidence of entry dates and the manner of entry authorized by immigration officers. Proper documentation of these stamps is often required to demonstrate compliance with immigration laws and eligibility for status adjustment.
CBP Travel History and Admission Records
Proving lawful entry is essential for adjustment of status applications. U.S. Customs and Border Protection (CBP) Travel History and Admission Records serve as key evidence of legal entry into the United States.
CBP Travel History documents arrivals, departures, and custody actions, providing a detailed timeline of an individual's border crossings. Admission Records, such as Form I-94, confirm the date and manner of lawful admission, crucial for USCIS processing.
Types of Visas and Relevant Supporting Documents
Proving lawful entry is essential for adjustment of status applications, requiring specific documentation based on the visa type. Your supporting documents must clearly demonstrate legal admission into the United States under the relevant visa category.
- Form I-94 Arrival/Departure Record - This form proves your lawful admission and the date you entered the United States.
- Valid Visa Stamp - A valid nonimmigrant visa stamp in your passport corresponding to the entry date supports lawful entry claims.
- Passport with Entry Stamps - The passport pages showing U.S. Customs and Border Protection admission stamps confirm the inspection and lawful entry.
Lawful Entry for Visa Waiver Program Entrants
To prove lawful entry for adjustment of status under the Visa Waiver Program (VWP), applicants must provide evidence of their admission to the United States. The most common document is the Form I-94 Arrival/Departure Record, which shows the date and manner of entry. Supporting documents, such as a valid passport with admission stamps or an electronic travel authorization (ESTA) approval, further establish lawful entry under the VWP.
Addressing Lost or Missing Documentation
To prove lawful entry for adjustment of status, you typically need Form I-94, a passport with an admission stamp, or an approved visa. These documents demonstrate that your entry into the United States was authorized under immigration laws.
If your documentation is lost or missing, obtain a replacement by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document. You can also request an electronic I-94 record online through the U.S. Customs and Border Protection website to support your application.
What Documents Are Needed to Prove Lawful Entry for Adjustment of Status? Infographic
