Immigration Guide Last Updated 6/1/2014 Created By Rosalind Dexter-Harris Florida State College at Jacksonville Italy Japan Japan Argentina Sweden USA Trinidad & Tobago United Kingdom Ukraine Tunisia TABLE OF CONTENT PAGE 2 Table of Content Visa Categories Visa Categories Hyperlinks Provided Visa Categories ◦ A1-Dependent ◦ G3, G4-Rep. of Foreign Gov. o K3-Spouse of U.S. Citizen ◦ A1-Foreign Diplomat A2Dependent ◦ G5-Servant ofG-1,G-2,G-4) o K4-Child of (K-3) ◦ H1B-Temporary Worker o A2-Foreign Government Official ◦ L1-Intracompany Transferee ◦ H1C-Temporary Worker o L2-Dependent of (L1) ◦ A3-Foreign Support Staff ◦ H2A-Temporary Worker o M1, M2-Vocational Student ◦ B1-Temp. Visitor for Business ◦ H2B-Temporary Worker o N8-Parent of Alien Child ◦ B2-Temp. Visitor for Tourism ◦ H3-Temporary Worker o N9-Child of (N8) ◦ B2-Temp. Prospect Student ◦ H4-Dependent of (H1-H3) o NATO 1-7 Personnel ◦ C1, C2, C3-Aliens in Transit ◦ I-Rep. of Foreign Media o O1-Extraordinary Ability ◦ D1, D2- Alien Crewman ◦ J1-Exchange Visitor Student o O2-Personnel for (O1 Visa) ◦ E1-Treaty Trader ◦ J1-Exch. Visitor/Professional o O3-Dependent of (O1,02) ◦ E2-Treaty Investor ◦ J1-Au Pair o P1-Athletes and Entertainers ◦ F1-Student Visa ◦ J2-Dependent of (J1) o ◦ F2-Dependent of (F-1) ◦ K1-Fiance(e) of U.S. Citizen P2-Reciprocal Artist/Entertainer ◦ K2-Child of (K-1) o G1, G2-Rep. of Foreign Gov. ◦ P3-Unique Artist/Entertainer o P4-Dependent of (P1,P2 or P3) 2 TABLE OF CONTENT PAGE 1 Table of Content Visa Categories ◦ Q1, Q2-Inter. Cultural ◦ Q3-Inter. Cultural Exchange ◦ R1-Religious Worker ◦ R2-Dependent ◦ S5-Alien Witness ◦ S6-Alien Witness ◦ S7-Dependent of (S5 or S6) ◦ T1-Nonimmigrants (Victims) o T2-Spouse of (T1) o T3-Child of (T1) o T4-Parent of (T1 under 21) o TD-Dependent of (TN) o TN-NAFTA/Canadian Professional o U1-Nonimmigrant (Victims) o U2-Spouse of (U1) o U3-Child of (U1) Visa Categories o o o o o o o U4-Parent of (U-1 under 21) V1-Permanent Res. Spouse 2nd) V2-Permanent Res. Child (2nd) V3-Child of (V-1 or V-2) WB-Visitors WT-Visitors o Granted suspension/ deportation/cancellation/removal o Applicants for Adjustment of Status o Permanent Resident o Temporary or Conditional Permanent Resident Immigrant Visa- IV Categories o Parolee o Temporary or Conditional Permanent Resident and Example Hyperlinks Provided Foreign Nationals o Citizens of Micronesia or the Marshall Islands or Palau o Family Unity Beneficiaries o Temporary Protected Status o Granted a Stay of Deportation o Granted Deferred Action Status o Deferred Action for Childhood Arrivals (DACA)-Update 4/2013 o Granted Withholding of Deportation o Granted Deferred Enforced Departure o Application for Asylum o Asylee Documents-Examples o Employment Authorization Card (EAD) Form I-766 o Key to Employment Authorization Card (EAD) o I-94 Card o Non-Immigrant Visa (Foreign Passport) o Resident Alien Card o Applicants for Adjustment of Status Documents o I-20 for F1 Students 3 TABLE OF CONTENT FOREIGN NATIONALS WITH NON-IMMIGRATANT VISA CLASSIFICATIONS Type of VISA Description A-1, A-2 Foreign Diplomatic Personnel And Dependants A-3 Employee of Foreign Government Official B-1 Visitor for Business Study Limitations Documents Application Type Residency Codes May engage in incidental studyPOS 3403,5002, or 7525, 8403 Dependents may engage in part or full-time study. May engage in incidental studyPOS 3403,5002, or 7525, 8403 Employment Authorization Card Code on form I-766–C01 Arrival/Departure Record (Form I-94) stamped “Admitted A-1 until [Date]” (or A-2, A-3] Passport Visa stamped same as I-94 card Employment Authorization Card Code on form I-766–C01 Arrival/Departure Record (Form I-94) stamped “Admitted A-1 until [Date]” (or A-2, A-3] Passport Visa stamped same as I-94 card Regular Application: Orion entry: Enter Immigration Code “D“ and visa Type “A-1 or A-2“ 1,2,3,5 Eligible to apply for Florida residency Regular Application: Orion entry: Enter Immigration Code “D“ and visa Type “A-3“ 1,2,3,5 Eligible to apply for Florida residency May engage in continuing education courses only. POS 8403 or 8700. Must apply for change of status to F-1 for full-time study. Passport Visa stamped with B-1, B-2 classification, I-94 Card with departure date Regular Non Credit Application Orion entry:: Enter Immigration Code “B” and visa Type “B-1” 3 Not Eligible to apply for Florida residency. 4 TABLE OF CONTENT Type of VISA Description Study Limitations Documents Application Type Residency Codes B-2 Visitor for Tourism May engage in continuing education courses only. POS 8403 or 8700. Must apply for change of status to F-1 for fulltime study. Passport Visa stamped with B-1, B-2 classification, I-94 Card with departure date Regular Non Credit Application Orion entry:: Enter Immigration Code “B” and visa Type “B-2” 3 Not Eligible to apply for Florida residency. B-2 Prospective Student or Prospective Exchange Visitor May engage in continuing education courses only. POS 8403 or 8700. Must apply for change of status to F-1 for full-time study. Passport Visa stamped with B-1, B-2 classification, I-94 Card with departure date Regular Non Credit Application Orion entry:: Enter Immigration Code “B” and visa Type “B-2” 3 Not Eligible to apply for Florida residency. C-1, C-2, C-3, Aliens in Transit Not allowed to study. Not allowed to change immigration status in the US. D-1, D-2 Alien Crewman Not allowed to study. Not allowed to change immigration status in the US. E-1, E-2 Treaty Trader and Treaty Investor Principal E-1 or E-2 may engage in incidental study. Credit students must maintain full-time enrollment. Employment Authorization Card Code on form I-766– (a)(17) Arrival/Departure Record (Form I-94) stamped “Admitted E-1 until [DATE]” (or E-2) Passport Visa stamped same as I-94 card Passport Visa , I-94 Card, I-20 Students enrolled in the English Language Institute (ELI) must follow the curriculum. F-1 Transient must supply copy of current I-20. Dependents of E-1 or E-2 may engage in part- or full time study. F-1 Student Visa Credit-IAO Non Credit-ELI Regular Application Orion entry: Enter Immigration Code “E ” and visa Type “E1 or E-2 ” 1,2,3,5 Eligible to apply for Florida residency. International Student Application-Intake through International Admissions Office. 4 Not Eligible to apply for Florida residency. 5 TABLE OF CONTENT Type of VISA Description F-2 Dependent of Student G-1, G-2, G-3, G-4 Representative of International Organization G-5 Study Limitations Documents Application Type Residency Codes Spouse may not engage in full- or part-time study college credit study. Child may engage in elementary or secondary study. May engage in incidental study-POS 3403,5002, or 7525, 8403 Dependents may engage in part or fulltime study. Passport Visa , I-94 Card, I-20 Must contact International Admissions Office 4 Not Eligible to apply for Florida residency. Employment Authorization Card Code on Form I-766 – C04 or I-94 Card stamped “Admitted G-1 until [date]” Passport Visa stamped same as I-94 Regular Application Orion entry: Enter Immigration Code “J” and visa Type “G-1 G2 G-3, G-4” 1,2,3,5 Eligible to apply for Florida residency. Personal Employee of G-1, G-2, G-3 or G-4 nonimmigrant May engage in incidental study-POS 3403,5002, or 7525, 8403 Employment Authorization Card Code on Form I-766 – C04 or I-94 Card stamped “Admitted G-1 until [date]” Passport stamped same as I-94 Regular Application Enter Immigration Code “J” and visa Type “G-5” 1,2, 3,5 Eligible to apply for Florida residency. H-1B Temporary Worker in a Specialty Occupation May engage in incidental study-POS 3403,5002, or 7525, 8403 Regular Application Orion entry: Enter Immigration Code “W” and visa Type “H-1B” 1,2, 3,5 Eligible to apply for Florida residency. H-1C Registered Nurses in Health Professional Shortage Areas May engage in incidental study-POS 3403,5002, or 7525, 8403 I-94 card stamped “admitted H1 until [date] Passport stamped same as I-94 USCIS Notice of Action Letter (Form I-797A) stating it is an “approval notice for class H” “valid from [dates]”, bottom of letter will have new I-94 card Same as above H-1B Regular Application Orion entry: Enter Immigration Code “W” and visa Type “H-1A” 1,2, 3,5 Eligible to apply for Florida residency. 6 TABLE OF CONTENT Type of VISA Description Study Limitations Documents H-2A, B Agricultural Worker (H-2A), Skilled or Unskilled Worker (H-2B) May engage in incidental study-POS 3403,5002, or 7525, 8403 Same as above H-1B H-3 Trainee May engage in incidental study-POS 3403,5002, or 7525, 8403 Same as above H-1B H-4 Dependent of H-1 Nonimmigrant May engage in full- or part-time study I Representative of Foreign Information Media J-1 Exchange Visitor: Student May engage in incidental study-POS 3403,5002, or 7525, 8403 Dependents may engage in part or fulltime study. May engage in full- or part-time study I-94 Card stamped “admitted until [date]” Passport stamped same as I-94 card USCIS Notice of Action Letter stating it is an “approval notice” for class H-4,” valid from [dates] Passport, Visa, I-94 Card stamped “admitted until [date]” Passport, Visa, I-94 Card stamped “admitted until [date]” Application Type Residency Codes Regular Application Orion entry:: Enter Immigration Code “W” and visa Type”H-2A or H2B” Regular Application Orion entry: Enter Immigration Code “W” and visa Type ”H -3” Regular Application Orion entry: Enter Immigration Code “W” and visa Type ”H -4” 1,2,3,5 Eligible to apply for Florida residency Regular Application Orion entry: Enter Immigration Code “I” and visa Type “1” 3 Not Eligible to apply for Florida residency Regular Application Orion entry: Enter Immigration Code “E” and visa Type “J-1” 3 Not Eligible to apply for Florida residency 1, 2,3,5 Eligible to apply for Florida residency 1,2,3,5 Eligible to apply for Florida residency 7 TABLE OF CONTENT Type of VISA Description Study Limitations Exchange Visitor: Professor, Researcher, Specialist, Trainee, Physician Exchange Visitor: Au Pair May engage in incidental study-POS 3403,5002, or 7525, 8403 May engage in full- or part-time study Passport, Visa, I-94 Card stamped “admitted until [date]” J-2 Dependent of J-1 Exchange Visitor May engage in full- or part-time study Passport Visa, I-94 Card stamped “admitted until [date]” K-1, K-2, K-3, K-4 Fiancé(e) of U.S. Citizen and dependents May engage in full- or part-time study Employment Authorization Card (a)(6) or (a)(9) Arrival/Departure Record (Form I-94) stamped “Admitted K-1 until [DATE]” (or K-2) Passport stamped same as I-94 card Regular Application Orion entry: Enter Immigration Code “K” and visa Type “K1, K-2, K-3, K-4” 1,2,3,5 L-1 Intracompany Transferee May engage in full- or part-time study I-94 card stamped “admitted L1 until [date]” or L-2 Passport Visa stamped same as I-94 card INS Notice of Action Letter stating it is an “approval notice” for class L1 (or L2) “Valid from [dates]” Regular Application Orion entry: Enter Immigration Code “L” and visa Type “L-1” 1,2,3,5 J-1 J-1 Documents Application Type Residency Codes Passport Visa, I-94 Card stamped “admitted until [date]” Regular Application Orion entry: Enter Immigration Code “E” and visa Type “J-1” Regular Application Orion entry: Enter Immigration Code “E” and visa Type “J-1” 3 Not Eligible to apply for Florida residency 3 Not Eligible to apply for Florida residency Regular Application Orion entry: Enter Immigration Code “E” and visa Type “J-2” 3 Not Eligible to apply for Florida residency Eligible to apply for Florida residency Eligible to apply for Florida residency 8 TABLE OF CONTENT Type of VISA Description Study Limitations L-2 Dependent of L-1 Intracompany Transferee May engage in fullor part-time study M-1, M-2 Documents Application Type Residency Codes 1,2,3,5 Eligible to apply for Florida residency Vocational Student Same as above Regular Application Employment Authorization Orion entry: Enter Card Code on form I-766– Immigration Code “L” (a)(18) Spouse only and visa Type “L-2” Florida State College does not issue admission documents for this classification N-8, N-9 Parent of an Alien or Child May engage in fullor part-time study Regular Application Orion entry: Enter Immigration Code “I5” and visa Type “N” 1,2,3,5 Eligible to apply for Florida residency NATO 1-7 NATO Personnel May engage in fullor part-time study Regular Application Orion entry: Enter Immigration Code “NA ” and visa Type “NAT ” 1,2,3,5 Eligible to apply for Florida residency O-1 Person of Extraordinary Ability May engage in fullor part-time study Regular Application Orion entry: Enter Immigration Code “O” and visa Type “O-1” 1,2,3,5 Eligible to apply for Florida residency Employment Authorization Card (a)(7) , Form I-94) stamped “Admitted N-8 until [DATE]” (or N-9), Passport stamped same as I-94 card USCIS Notice of Action Letter (Form I-797A) stating it is an “Approval Notice” for “Class N-8” (or N-9), “Valid from [DATES]”; Employment Authorization Card Code on Form I-766 – (c)(7), I-94 stamped “admitted NATO-1 until [date] or NATO 2,3,4,5,6,7 USCIS notice of action letter stating it is an approval for “class NATO1” “Valid from [dates] “ Passport stamped same as I-94 Form I-94 stamped “Admitted 0-1 until [Date], Passport stamped same as I-94 card INS Notice of Action letter (Form 797A) stating it is an “Approval Notice” for Class 01”, “Valid from [Dates],” 9 TABLE OF CONTENT Type of VISA Description Study Limitations Documents Application Type Residency Codes Form I-94 stamped “Admitted 0-1 until [Date], Passport stamped same as I-94 card, INS Notice of Action letter (Form 797A) stating it is an “Approval Notice” for Class 02”, “Valid from [Dates],” bottom of letter will have new I94 card which can be torn off Form I-94 stamped “Admitted 0-1 until [Date], Passport stamped same as I-94 card, INS Notice of Action letter (Form 797A) stating it is an “Approval Notice” for Class 03”, “Valid from [Dates],” bottom of letter will have new I-94 card Passport Visa, I-94 Card Regular Application Orion entry: Enter Immigration Code “O” and visa Type “O-2” 3 Not Eligible to apply for Florida residency Regular Application Orion entry: Enter Immigration Code “O” and visa Type “O-3” 1,2,3,5 Eligible to apply for Florida residency Regular Application Orion entry: Enter Immigration Code “ S” and visa Type “P-1” 3 Not Eligible to apply for Florida residency O-2 O-1 Accompanying Personnel May engage in incidental studyPOS 3403,5002, or 7525, 8403 O-3 Dependent of O-1 or O-2 Visa Holder May engage in fullor part-time study P-1 Athlete or Entertainment Group, or Essential Support Personnel May engage in incidental studyPOS 3403,5002, or 7525, 8403 P-2 Artist or Entertainer Under a Reciprocal Exchange Program May engage in incidental studyPOS 3403,5002, or 7525, 8403 Passport Visa, I-94 Card Regular Application Orion entry: Enter Immigration Code “S” and visa Type “ P-2” 3 Not Eligible to apply for Florida residency P-3 Artist of Entertainer in a culturally unique program May engage in incidental studyPOS 3403,5002, or 7525, 8403 Passport Visa, I-94 Card Regular Application Orion entry: Enter Immigration Code “S” and visa Type “P-3” 3 Not Eligible to apply for Florida residency 10 TABLE OF CONTENT Type of VISA Description Study Limitations Documents Application Type Residency Codes P-4 Dependent of P-1, P-2, P-3 Nonimmigrant May engage in full- or part-time study Passport Visa, I-94 Card Regular Application Orion entry: Enter Immigration Code “S” and visa Type “ P-4” 3 Not Eligible to apply for Florida residency Q-1, Q2, Q-3 Participant in an International Cultural Exchange Program May engage in incidental studyPOS 3403,5002, or 7525, 8403 Passport, Visa, I-94 Card Regular Application Orion entry: Enter Immigration Code “Q” and visa Type “Q” 3 Not Eligible to apply for Florida residency R-1 Religious Worker May engage in incidental studyPOS 3403,5002, or 7525, 8403 Regular Application Orion entry: Enter Immigration Code “R” and visa Type “R-1” 1,2,3,5 Eligible to apply for Florida residency R-2 Dependent of Religious Worker May engage in full- or part-time study I-94 card stamped “Admitted R-1 until [date]” or R-2 Passport port stamped same as I-94 card USCIS notice of action letter (Form I-797A) stating it is an approval notice for class R1 or R2, “valid from [dates]” I-94 card stamped “Admitted R-1 until [date]” or R-2 Passport port stamped same as I-94 card USCIS notice of action letter (Form I-797A) stating it is an approval notice for class R1 or R2, “valid from [dates]” Regular Application Orion entry: Enter Immigration Code “R” and visa Type “R-2” 1,2,3,5 Eligible to apply for Florida residency 11 TABLE OF CONTENT Type of VISA Description S-5,S-6,S-7 Alien Witness and dependents T-1,T-2, T-3,T-4 Victims of Trafficking TN Professional Under NAFTA (for citizens of and ) Study Limitations May engage in incidental study-POS 3403,5002, or 7525, 8403 Documents Arrival/Departure Record (Form I-94) stamped “Admitted S-5,S-6 or S-7 until [DATE]” Passport stamped same as IStudy limits may 94 card have been updated USCIS Notice of Action in 2010. Need Letter (Form I-797A) stating additional review. it is an “Approval Notice” for “Class S-5,S-6 or S-7 “, “Valid from [DATES]”; May engage in full- or Employment Authorization part-time study Card Code on Form I-766 – (c)(25) (Form I-94) stamped “Admitted S-5,S-6 or S-7 until [DATE]” Passport stamped same as I-94 card USCIS Notice of Action Letter (Form I-797A) stating it is an “Approval Notice” for “Class S-5,S-6 or S-7 “, “Valid from [DATES]”; May engage in Passport Visa, incidental study-POS I-94 Card 3403,5002, or 7525, 8403 Application Type Residency Codes Regular Application Orion entry: Enter Immigration Code “VN” and visa Type “SI” 1,2,3,5 Eligible to apply for Florida residency Regular Application Orion entry: Enter Immigration Code “V” and visa Type “SI” 1,2,3,5 Eligible to apply for Florida residency Regular Application Orion entry: Enter Immigration Code “T” and visa Type “TN” 3 Not Eligible to apply for Florida residency 12 TABLE OF CONTENT Type of VISA Description Study Limitations Documents Application Type Residency Codes Regular Application Orion entry: Enter Immigration Code “T” and visa Type “TD” Regular Application Orion entry: Enter Immigration Code “VN” and visa Type “SI” 3 Not Eligible to apply for Florida residency 1,2,3,5 Eligible to apply for Florida residency TD Dependent of TN Nonimmigrant May engage in full- or part-time study Passport Visa, I-94 Card U-1, U-2, U-3 Victims of Certain Crimes May engage in full- or part-time study Arrival/Departure Record (Form I-94) stamped “Admitted U-1, U-2, U-3, or U-4 until [DATE]” Passport Visa stamped same as I-94 card V-1, V-2, V-3 Spouses, Minor Children and Derivative Dependents May engage in full- or part-time study Passport Visa, I-94 Card, Immigration Services change of status filing Regular Application Orion entry: Enter Immigration Code “V” and visa Type “SI” 1,2,3,5 Eligible to apply for Florida residency WB Visa Waiver for Business May engage in continuing education courses only. POS 8403 or 8700. Passport Visa stamped with VWB or WB classification, I-94 Card with departure date Regular Non Credit Application Orion entry:: Enter Immigration Code “B” and visa Type “B-1” 3 Not Eligible to apply for Florida residency WD Visa Waiver for Tourist May engage in continuing education courses only. POS 8403 or 8700. Passport Visa stamped with VWD or WD classification, I-94 Card with departure date Regular Non Credit Application Orion entry:: Enter Immigration Code “B” and visa Type “B-2” 3 Not Eligible to apply for Florida residency Next Section: FOREIGN NATIONALS WITHOUT VISA CLASSIFICATIONS 13 TABLE OF CONTENT FOREIGN NATIONALS WITHOUT VISA CLASSIFICATIONS Classification Description Citizens of Micronesia or the Marshall Islands or Palau Self-governing island country in free association with the , located in the western Pacific Ocean, forming, with the of ,he The Federated States of Micronesia (FSM) Family Unity Beneficiaries Temporary Protected Status Granted a Stay of Deportation Study Limitations Documents Application Type Residency Codes May Engage in full-time study Employment Authorization Card Code on Form I-766 – A08 Regular Application Orion entry: Enter Immigration Code “CM” 1,2,3,5 Eligible to apply for Florida residency To be eligible for family unity benefits, a person must be the spouse or unmarried child (under age 21) of an individual who has applied for LIFE Legalization benefits. May Engage in full-time study Regular Application Orion entry: Enter Immigration Code “FB” 1,2,3,5 Eligible to apply for Florida residency Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries. Individuals granted discretionary relief for deportation or removal because of the equities or circumstances of the case. May Engage in full-time study Employment Authorization Card Code on Form I-688B – 274a.12(a)(13) and (a) 14 Approved I-817 – Application for Family Unity Benefits Employment Authorization Card (a)(12) Approved I-821 Regular Application Orion entry: Enter Immigration Code “TP” 1,2,3,5 Eligible to apply for Florida residency Arrival/Departure Record (Form I-94) stamped “106” or “Stay of deportation granted” USCIS Deportation Office Letter Regular Application Orion entry: 1,2,3,5 Eligible to apply for Florida residency May Engage in full-time study Sample Documents-FLVC.ORG Enter Immigration Code “IG” 14 TABLE OF CONTENT Classification Description Study Limitations Documents Granted Deferred Action Status Individuals granted discretionary relief for deportation or removal because of the equities or circumstances of the case May Engage in full-time study Deferred Action for Childhood Arrivals (DACA) Individuals who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal. May Engage in full-time study Employment Authorization Card Code on Form I-766 – (c)(14) USCIS Notice of Action Letter (Form I-797A) for self-petitioning spouse of abusive citizen or permanent resident stating “the Service has decided to place this case under deferred action” Employment Authorization Card Code on Form I-766 – (c)(33) USCIS Notice of Action Letter (Form I-797). Letter will identify applicant as DACA. Granted Withholding of Deportation Individuals granted discretionary relief for deportation or removal because of the equities or circumstances of the case May Engage in full-time study Granted Deferred Enforced Departure Deferred Enforced Departure, referred to as DED, grants certain, qualified foreign citizens and nationals protection from removal. May Engage in full-time study Residency Changes 7/1/14. HB 851 Employment Authorization Card Code on Form I-766 – (a)(10) USCIS Asylum Office Letter stating that the application for withholding of deportation (also referred to as withholding of removal) has been granted (similar) Order of an Immigration Judge stating application for withholding of deportation (or removal) has been granted Employment Authorization Card Code on Form I-766 – (c)(11) USCIS Extension Notice for DED Aliens Sample Documents-FLVC.ORG Application Type Residency Codes Regular Application Orion entry: Enter Immigration Code “IG” 1,2,3,5 Eligible to apply for Florida residency Regular Application Orion entry: Enter Immigration Code “IG” 3 Not Eligible to apply for Florida residency Regular Application Orion entry: Enter Immigration Code “IG” 1,2,3,5 Eligible to apply for Florida residency Regular Application Orion entry: Enter Immigration Code “IG” 1,2,3,5 Eligible to apply for Florida residency Changes Pending 7/1/14. 15 TABLE OF CONTENT Classification Description Granted suspension of deportation status or cancellation of removal Individuals granted discretionary relief for deportation or removal because of the equities or circumstances of the case. Study Limitations May Engage in fulltime study Documents Application Type Residency Codes Order of an Immigration Judge stating application for suspension of deportation or cancellation of removal has been granted USCIS Asylum Office Letter stating that the application for suspension of deportation/special rule cancellation of removal has been granted Arrival/Departure Record (Form I-94) stamped “Suspension of deportation/special rule cancellation of removal granted” Regular Application Orion entry: Enter Immigration Code “IG” 1,2,3,5 Eligible to apply for Florida residency Sample Documents-FLVC.ORG 16 TABLE OF CONTENT Classification Applicants for adjustment of status Description Study Limitations Documents Application Type Residency Codes Procedure allowing certain aliens already in the to apply for immigrant status. May engage in full- or parttime study Employment Authorization Card Code on Form I-766 – (c)(9) USCIS Notice of Action Letter (Form I-797) stating that an I-485 Application to Adjust to Permanent Resident Status has been received Application to Register Permanent Residence or Adjust Status (Form I-485) bearing a stamp showing it has been filed in Immigration Court (a/k/a Executive Office for Immigration Review/Office of the Immigration Judge) – Note: only the first page of the application will bear the stamp Regular Application Orion entry: Enter Immigration Code “AS” 1,2,3,5 Eligible to apply for Florida residency Sample Documents-FLVC.ORG 17 TABLE OF CONTENT Classification Permanent Resident Description Study Limitations An alien admitted to the as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the , except one legally admitted under specific nonimmigrant categories May engage in full-time study Documents Application Type Residency Codes Resident Alien Card (Form I-551) Alien Registration Receipt Card (Form I151) Passport stamped "Processed for I-551. Temporary Evidence of Lawful Permanent Residence. Valid until [DATE]” Arrival/Departure Record (Form I-94) stamped "Temporary Form I-551. Admission for permanent residence at [PORT] on [DATE] verified” USCIS Notice of Action Letter (Form I797) stating application for permanent resident status has been approved Order of the Immigration Judge stating application for adjustment of status has been granted Regular Application Orion entry: Enter Immigration Code “P” 1,2,3,5 Eligible to apply for Florida residency Sample Documents-FLVC.ORG 18 TABLE OF CONTENT Classification Description Temporary or Conditional Permanent Resident When a person enters the US on such an immigrant visa, the visa itself is stamped with an ADIT stamp. This endorsement acts as immediate but temporary proof of permanent residency for a year, pending receipt of a more permanent resident card, and is valid for employment authorization. (Upon receipt of the permanent resident card, any form I-9 issued initially on the basis of the immigrant visa must be reverified.) This category is related to IV CategoriesExamples: IR1. See Visa Portal website for additional categories. Study Limitations May engage in full-time study Documents Application Type Residency Codes Immigrant Visa , (Form I-551) Alien Registration Receipt Card (Form I151) Passport stamped "Processed for I-551. Temporary Evidence of Lawful Permanent Residence. Valid until [DATE]” Arrival/Departure Record (Form I-94) stamped "Temporary Form I-551. Admission for permanent residence at [PORT] on [DATE] verified” USCIS Notice of Action Letter (Form I797) stating application for permanent resident status has been approved Order of the Immigration Judge stating application for adjustment of status has been granted Regular Application Orion entry: Enter Immigration Code “G” and add alien number. 1,2,3,5 Eligible to apply for Florida residency Sample Documents-FLVC.ORG 19 TABLE OF CONTENT Classification Description Study Limitations Parolee The Secretary of the Department of Homeland Security may, in his discretion, parole into the temporarily, under such conditions as he may prescribe on a case-by-case basis, for urgent humanitarian reasons or significant public benefit, any alien applying for admission to the . May engage in full-time study Application for Asylum Asylum is a form of protection that allows individuals who are in the United States to remain here, provided they meet the definition of a refugee and are not barred from either applying for or being granted asylum, and eventually to adjust their status to lawful permanent resident. May engage in full-time study Documents Application Type Residency Codes Employment Authorization Card Code on Form I-766 – (c)(11) Arrival/Departure Record (Form I-94) stamped “Paroled pursuant to [PROVISION OF LAW] to [DATE] (may add “pending hearing,” “public interest,” “humanitarian”) Employment Authorization Card Code on Form I-766 – C08 USCIS Asylum Office “Acknowledgement or Receipt” form stating Form I-589 has been received and is pending Regular application Orion entry: Enter Immigration Code “PA” and No visa Type required 1,2,3,5 Eligible to apply for Florida residency Regular Application Orion entry: Enter Immigration Code “A ” and No visa Type required 1,2,3,5 Eligible to apply for Florida residency Sample Documents-FLVC.ORG 20 TABLE OF CONTENT Classification Asylee Cuban or Haitian Entrants under the Refugee Education Assistance Act Description Study Limitations Documents Application Type Residency Codes An alien in the U.S. or at a port of entry who is found to be unable or unwilling to return to his/ her country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear of must be based on race, religion, nationality, membership in a particular social group, or political opinion. May engage in full-time course of study Employment Authorization Card Code on Form I-766 – (a)(5) Arrival/Departure Record (Form I-94) stamped “Asylum Status Granted” USCIS Asylum Office Letter stating that the request for asylum has been granted Order of an Immigration Judge stating application for asylum has been granted Regular Application Orion entry: Enter Immigration Code “A Y” and No visa Type required 1,2,3,5 Eligible to apply for Florida residency Call the Admissions Office for additional Information. 1,2,3,5 Eligible to apply for Florida residency Sample Documents-FLVC.ORG 21 TABLE OF CONTENT PG2 Employment Authorization Card (EAD) Form I-766 Employment authorized individuals who are not yet U.S. citizens or permanent residents typically will apply for and be issued an employment authorization document valid for a year. An example of the most recent version of this document appears immediately below. Sample Sample The Employment Authorization Card (EAD) should be used in conjunction with other immigration paperwork to determine an applicants immigration status. The EAD key is provided to assist you in determining an applicants immigration status based on the EAD Category. For example: If the category on the EAD is (a) (9) the applicant entered the U.S. on a K visa and was provided an I-94 with a status of K3 or K4. Note: An Employment Authorization Card is NOT is a “Green Card”. The EAD does not serve as proof of Permanent Residency. Source: Messing Law Offices 22 Key to Employment Authorization Card (EAD) CODE ON EAD CODE ON EAD TABLE OF CONTENT (c) (1) EMPLOYMENT AUTHORIZATION MEANING Dependent of foreign government official (A-1 or A-2 visa) (c) (2) Spouse or minor child of an employee of the Coordination Council for North American Affairs (E-1 visa) (c)(3)(i)-(iii) Foreign students (F-1 visa) (c)(4) Dependent of employee of international organization (G1, G-3 and G-4 visa) Parent or minor child of person granted LPR status as (a)(7) special immigrant under INA 101(a)(27)(I) Citizen of the Federated States of Micronesia or the (a)(8) Marshall Islands Spouse of U.S. citizen [K-3 visa] or spouse's minor child (a)(9) [K-4 visa]. (c)(5) Dependent of exchange visitor (J-2 visa) (c)(6) Foreign student (M-1 visa) (c)(7) Dependent of NATO employee (c)(8) Asylum applicant (c)(9) Applicant for adjustment to lawful permanent resident (a)(10) Granted withholding of deportation (c)(10) Applicant for suspension of deportation (a)(11) Granted extended voluntary departure (c)(11) Paroled for emergent or public interest reasons* (a)(12) Granted temporary protected status (TPS) Granted voluntary departure under the Family Unity (a)(13) Program. (c)(14) Granted deferred action (c)(16) Applicant for registry (resided in U.S. since before January 1, 1972) (a)(14) Granted Family Unity under the LIFE Act (c) (17)(i)(ii) Certain personal or domestic servants (B-1 visa) Spouse of LPR [V-1 visa], LPR's minor child [V-2 visa] (a)(15) or spouse's minor child [V-3 visa] (c) (17)(iii) Employee of foreign airline (B-1 visa) (c) (18) Deportable alien under order of supervision (a)(16) Victim of a severe form of human trafficking [T visa] (c) (19) (c) (21) Applicant for Temporary Protected Status (TPS) Nonimmigrant witness or informant and dependents (S visa) (c) (22) Applicant for legalization under INA Section 245A (c) (24) Applicant for adjustment of status under the LIFE Act (c) (25) Immediate family member of a victim of a severe form of human trafficking (T visa) (c)(31) Violence Against Women’s Act (VAWA) self-petitioner EMPLOYMENT AUTHORIZATION MEANING (a)(3) Refugee Paroled as a refugee: If admitted to U.S. for less than one year, is PRUCOL. If admitted to U.S. for at least (a)(4) one year, is a qualified immigrant. (a)(5) Granted asylum Fiance(e) of U.S. citizen [K-1 visa] or minor child of (a)(6) fiance(e) [K-2 visa] (a)(19) Victim of crime admitted with U visa (a)(20) Derivative relatives of U visa holder (U2-U5 visa) Foreign students in “on-campus” employment Temporary worker or trainee (H-1, H-2A, H-2B or H-3 (b)(9) visa) (b)(6) (b)(11) Exchange visitor (J-1 visa status) (b)16) Religious worker (R visa status) Source: Office of Medicaid Management 23 I-94 Card TABLE OF CONTENT The form I-94 is generated at the port of entry into the United States by a customs and border official who determines whether a corresponding visa presented for entry is valid. If it is, the I-94 issues and is stapled into the passport. The I-94 determines the validity of the visit, even if the visa upon which it was issued expires during the period of the stay. If the I-94 is valid and unexpired, the expiry of the visa used initially to enter is of no consequence, so long as the holder does not depart from the United States and attempt to re-enter using the expired visa. The I-94 is surrendered upon leaving the United States. A newer form of I-94 which is computer-generated and was issued under the authority of the Department of Homeland Security. FRONT (computer generated) FRONT (hand written) Sample Source: Messing Law Offices Visa Type Expiration Date BACK Sample 24 Immigrant Visa TABLE OF CONTENT A visa is an authorization for an alien to enter and stay in the United States which is affixed to the foreign passport of the alien. It is issued under the authority of the Department of State, usually at a consulate or embassy located in a foreign country, which is typically the country of residency or citizenship of the alien. If the purpose of the entry is to establish permanent residency, then the visa is an immigrant visa. If the purpose is a temporary stay in the United States, then the visa is a non-immigrant visa. The images on this page represent immigrant visas. The first is a type of immigrant visa that first was issued in 2003. When a person enters the US on such an immigrant visa, the visa itself is stamped with an ADIT stamp. This endorsement acts as immediate but temporary proof of permanent residency for a year, pending receipt of a more permanent resident card, and is valid for employment authorization. (Upon receipt of the permanent resident card , any form I-9 issued initially on the basis of the immigrant visa must be reverified.) Later versions have the ADIT stamp printed into the visa as a security protection. The first image immediately below is of the more recent type of ADIT stamp. Below it is the earlier version. The large yellow arrows show where the ADIT stamp is located on the two versions. There is another type of stamp that local USCIS offices sometimes will agree to put in a foreign passport as temporary proof of permanent residency pending receipt of a delayed permanent resident card, but no image of the stamp is provided. Immigrant Visa Sample Temporary Residency Status Source: Visa Portal Website Source: Messing Law Offices Alien # IV Category (not a visa classification) 25 Non-Immigrant Visa (Foreign Passport) TABLE OF CONTENT A visa is an authorization for an alien to enter and stay in the United States which is affixed to the foreign passport of the alien. It is issued under the authority of the Department of State, usually at a consulate or embassy located in a foreign country, which is typically the country of residency or citizenship of the alien. If the purpose of the entry is to establish permanent residency, then the visa is an immigrant visa. If the purpose is a temporary stay in the United States, then the visa is a non-immigrant visa. In the latter case, the visa must be valid at the time of entry but can expire during the stay without affecting the immigration status of the visa holder, so long as an accompanying document, the I-94 is still valid and unexpired. The images on this page represent several types of non-immigrant visas that may be encountered. In checking for employment authorization, it is always. The non-immigrant visa is directed more to border and customs officials at a port of entry, who issue the I-94 and staple it into the visitor's foreign passport. Check both the non-immigrant visa and the I-94 documents, but if the non-immigrant visa was valid at the time of entry, has expired in the meantime, and the I-94 is still valid, then the stay in the U.S. is nonetheless authorized. Sample Source: Messing Law Offices Visa Class Sample Sample Expiration Date 26 Resident Alien Card TABLE OF CONTENT This card - various versions of which have been issued in the last 20 years - is proof of lawful permanent resident status. (LRP). Though the I-551 is commonly called a "green card," the most recent versions contains a multi-colored hologram. Until recently, these cards had no expiration date, but cards being issued currently expire ten years after the date they are issued. At the end of the ten years, the LPR does not lose his or her status, but must simply renew the card. Conditional permanent residents are issued cards that are coded "CR" and expire after two years. All I-551cards contain codes showing how the alien obtained LPR status. NEWER VERSION- Front & Back OLDER VERSIONS- Front & Back Released 5/11/10 Source: USCIS, NC Department of Human Health Services and Messing Law Office 27 TABLE OF CONTENT Applicants for Adjustment of Status INS Notice of Action Letter (Form I-797) stating that an I-485 Application to Adjust to Permanent Resident Status has been received Visa Type Stamp Expiration Date 28 I-20 for F1 Students Source: Messing Law Offices TABLE OF CONTENT 29