Howdy kchea-ga,
Please note the "Important Disclaimer: Answers and comments provided on
Google Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."
This H1 Base web article defines a I.N.A. § 212(d)(5) Parole.
http://www.h1base.com/page.asp?id=301
"The Attorney General can temporarily parole an alien on a case-by-case
basis for humanitarian reasons. This is not an admission, but merely a
temporary granting of permission to enter the country if the Attorney
General sees a significant public benefit. These parolees are not
regarded as admitted and once the purposes of the parole have been
served the alien must return to his country of origin and re-apply for
status there."
There in might be your main problem. It appears you have indefinite
temporary residency, but not Lawful Permanent Residency (LPR or a
"green card") which is what you are seeking. With a 212(d)(5) status
you don't need a green card to be in the United States, and you can
use your I-94 card for all sorts of purposes. You received an Alien
Registration Number as part of the I-94 process.
The process to get LPR status is shown on this U.S. Citizenship and
Immigration Services (USCIS) "Green Card" web page.
http://uscis.gov/graphics/services/residency/
"This section of the USCIS Website provides you with information and
directions necessary to apply for lawful permanent residence (LPR),
or 'green cards'. You will have the opportunity to access information
regarding ways to get a "green card". A 'green card' gives you official
immigration status (Lawful Permanent Residency) in the United States."
There is a link on the above page titled "Adjusting to lawful permanent
resident status as an asylee or refugee" which gives us the next step.
USCIS Asylee ... Seeking Lawful Permanent Resident (LPR) Status
http://uscis.gov/graphics/services/RefAdjust/index.HTM
"If you have been a refugee or held asylum status for at least one
year, you may be eligible to change your status to that of a permanent
resident. You should use the Form I-485 as your primary application."
There are instructions and there is more information on the above page
that you should read in detail. Please note the use of the word "may"
in the above paragraph.
The circumstances wherein you were granted indefinite 212(d)(5) Parole
status might determine what is best for you to do as your next step.
That is why you should consult an immigration attorney before you take
that next step. It is worth repeating a section from above, namely,
"... once the purposes of the parole have been served the alien must
return to his country of origin and re-apply for status there."
Please note the use of the word "must" in that phrase. The best way
to ascertain your current status would probably be to have a lawyer
well versed in immigration law do some inquiries with the USCIS on
your behalf.
It might turn out to be no problem at all, but these days it is best
to be as cautious as possible when it comes to immigration matters.
If you need any clarification, feel free to ask.
Search Stategy:
Google search on: "212(d)(5)"
://www.google.com/search?q=%22212%28d%29%285%29%22
Searched the USCIS web site.
http://uscis.gov/
Looking Forward, denco-ga - Google Answers Researcher |
