Immigration Guide - Palm Beach State College

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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
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