Entry pathways: admitted, paroled, EWI, TPS/DACA
Every U.S. entry is admitted, paroled, or EWI. Quasi-statuses like TPS, DACA, U/T, SIJ, VAWA, DED map onto separate status / authorized-stay / UP axes.
Last reviewed: 2026-06-27
CBP One, CHNV, U4U, TPS designations and similar programs change with executive action. Verify current status against USCIS / CBP / DHS. This page gives framework only and is not legal advice.
Every entry to the U.S. is one of three: admitted (CBP inspection + admission), paroled (discretionary entry without admission), or EWI (no inspection at all). On top of that sits a layer of quasi-status programs (TPS, DACA, DED, U/T applicants, SIJ, VAWA, withholding...) that map separately onto the status axis and the presence axis — don't call all of them "status".
1. The three entry buckets
- admitted: CBP inspection + admission per INA §101(a)(13)(A). Visa + I-94 (B/F/H/L/O/E/TN…), VWP/ESTA (I-94W), LPR returning.
- paroled: INA §212(d)(5). CBP/USCIS discretionary entry, not an admission, but still produces an I-94 — COA typically
PARor a program-specific code. - EWI (entry without inspection): no admission, no parole. Authorized stay is empty from day one; UP accrues from the next day unless a protection intervenes.
Legal terminology quick reference
Split by axis + events; click a term to jump to the matching definition section on this site.
| 中文 | English | Axis / Category | One-liner |
|---|---|---|---|
| 合法身份 | lawful status / legal status | status axis | Complying with classification conditions; a subset of authorized stay. |
| 失去身份 | out of status | status axis | Violation of classification conditions; ≠ automatic UP accrual. |
| 授权停留期 | period of stay authorized | presence axis | The §212(a)(9)(B) primary anchor; UP does not accrue during this period. |
| 非法滞留 (UP) | unlawful presence | presence axis | Accrues in real time in-country; settles into a bar upon departure. |
| 超期停留 | overstay | event | Past the I-94 date; triggers §222(g) visa voidance. |
| 离境 | departure | event | The event that settles accrued UP into a 3 / 10-year bar. |
| §222(g) 签证作废 | §222(g) visa voidance | event consequence | Triggered by overstay; decoupled from UP / bar mechanics. |
| 3 / 10 年禁令 | 3 / 10-year bar | settlement outcome | INA §212(a)(9)(B); single continuous UP; activates on departure. |
| 永久禁令 | permanent bar | settlement outcome | INA §212(a)(9)(C); aggregate UP > 1 year + later reentry/attempt without admission. |
2. Entry type × status / authorized stay / UP
| Entry type | Record | Status axis | Presence axis | UP start |
|---|---|---|---|---|
| Visa B/F/H/L/O/E/TN | I-94, COA = class code | nonimmigrant status | authorized stay | day after I-94 date (D/S: see article) |
| VWP / ESTA | I-94W, COA = WT/WB, 90 days | WT/WB status | authorized stay | day after I-94W date; usually no EOS |
| Humanitarian parole (case-by-case) | I-94, COA = PAR | not status (parolee) | authorized stay | day after parole ends/revoked |
| CBP One port appointment (2023–2025) | I-94, COA = PAR (often 2 yrs) | not status | authorized stay | day after parole ends/revoked |
| Uniting for Ukraine (U4U) | I-94 parole, 2 yrs | not status | authorized stay; (c)(11) EAD | parole end / program termination |
| CHNV (C/H/N/V) | I-94 parole, 2 yrs | not status | authorized stay; EAD-eligible | parole end / program termination |
| Significant Public Benefit Parole / Advance Parole | I-94 parole | not status (AOS-AP: Arrabally carve-out) | authorized stay | parole end |
| EWI | no I-94 | no status | no authorized stay (unless protected) | day after entry |
VWP entrants generally cannot file EOS/COS while in the U.S., and cannot AOS (IR immediate-relative exception aside) — a separate set of rules.
3. Quasi-status, mapped onto the axes
Most of the items below are not nonimmigrant statuses under INA §101(a)(15), but they sit inside authorized stay, so UP does not accrue. Keep them separate from real nonimmigrant status to assess §212(a)(9)(B) risk correctly.
| Program | Statutory anchor | Is it status? | Authorized stay / UP | EAD |
|---|---|---|---|---|
| TPS | INA §244 | Not a nonimmigrant status, but USCIS treats it as lawful status for nonimmigrant purposes | Authorized stay; no UP accrual | (a)(12) automatic EAD |
| DACA | 2012 DHS memo + later policy | Not status (deferred action) | Authorized stay; no UP accrual | (c)(33) EAD |
| DED | Presidential order | Not status (deferred enforced departure) | Authorized stay; no UP accrual | Program-specific EAD |
| Asylum pending | INA §208 + §212(a)(9)(B)(iv) | Not status (applicant) | No UP accrual (unless unauthorized work) | (c)(8) EAD after 150 days |
| Asylee (granted) | INA §208(c) | Status (asylee) | Authorized stay | (a)(5) automatic EAD |
| Withholding of removal | INA §241(b)(3) | Not status | Authorized stay (under Order of Supervision) | (c)(10) EAD |
| U petitioner + I-918B | INA §101(a)(15)(U); 8 CFR 214.14 | I-918B is NOT status, it's law-enforcement certification | Pre-approval waitlist usually granted deferred action — authorized stay | U-based or (c)(14) deferred-action EAD |
| U-1 nonimmigrant (approved) | INA §101(a)(15)(U) | Status; 4 years | Authorized stay; AOS-eligible after 3 years | (a)(19) automatic EAD |
| T petitioner / T-1 | INA §101(a)(15)(T) | Applicant pre-approval; status post-approval (4 yrs) | Authorized stay once approved | (a)(16) automatic EAD |
| SIJ | INA §101(a)(27)(J); 8 CFR 204.11 | Not nonimmigrant status — it's an EB-4 immigrant classification | Post-I-360, USCIS generally grants deferred action — authorized stay — until visa available | (c)(14) EAD during SIJ deferred action |
| VAWA self-petitioner | INA §204(a)(1)(A)(iii)/(B)(ii) | Not status | Approved petition → deferred action → authorized stay | (c)(31) EAD |
| Parole in Place (PIP) | INA §212(d)(5) discretion | Not status, it's parole | Treats prior EWI period as authorized stay, opens §245(a) AOS | (c)(11) where applicable |
4. Three common misreadings
4.1 "I have I-918B, so I have the U visa"
I-918 Supplement B is only the law-enforcement certification of victimization / cooperation. Required evidence — yes. Any status, EAD, or authorized stay by itself — no. Actual U-1 status arrives only after USCIS approves the I-918. Because U-1 is capped at 10,000/year, most cases sit on the waitlist; USCIS typically grants waitlist petitioners deferred action + EAD — that counts as authorized stay (no UPaccrual), but it is still not status.
4.2 "SIJ is a visa for minors"
SIJ is not a visa; it's an immigrant classification (EB-4 special immigrant). State juvenile/family court makes the predicate findings (abuse / neglect / abandonment, plus best-interests against return) → USCIS approves I-360 → priority date becomes current → AOS to LPR. The wait between I-360 approval and AOS can be years; since 2022 USCIS provides SIJ deferred action with EAD eligibility — authorized stay — but SIJ beneficiaries cannot petition for parents or family in the same way.
4.3 "People entering via CBP One are refugees"
Most 2023–2025 CBP One port-of-entry appointments resulted in humanitarian parole, with I-94 COA = PAR and a date (typically 2 years). That's parole, not admission, and not refugee or asylee status. For longer-term lawful presence they generally need to file asylum, TPS, U/T, or another adjustment path during the parole window. The program itself moves with executive policy — verify the current state against CBP/USCIS.
5. The three-question self-check
- Status axis: which INA §101(a)(15) classification am I in, and am I complying with its conditions? (If none, you may be out of status — which doesn't automatically accrue UP.)
- Presence axis: am I inside authorized stay right now? (Status / timely-pending EOS-COS-AOS / parole / TPS / DACA / DED / asylum pending / deferred action / withholding all count.)
- Event layer: any overstay, §222(g), removal, NTA? Any planned departure?
Answer all three before deciding whether §212(a)(9)(B) UP is running and whether a future reentry will hit a wall. Anything unclear → qualified immigration attorney.
This site provides general information only.
Frequently asked (FAQ)
Does an EWI entry always accrue UP?
Generally yes. EWI (entry without inspection) has no admission and no parole, so authorized stay is empty from day one. UP accrues from the day of entry, unless a protection (minor, pending bona fide asylum, TPS, DACA, etc.) intervenes.
Entered on B-1/B-2, got mugged, applied for U — what is I-918 Supplement B?
I-918 Supplement B is the law-enforcement certification of victimization / cooperation. It is required evidence for the U petition but is NOT status by itself. Actual U-1 nonimmigrant status arrives only after USCIS approves the I-918 (valid 4 years). Waitlist petitioners typically receive deferred action + EAD — authorized stay, no UP accrual, but still not status.
Is SIJ (Special Immigrant Juvenile) a visa or a status?
SIJ is a special immigrant classification under INA §101(a)(27)(J), part of the EB-4 immigrant track. State juvenile court order → USCIS I-360 approval → wait for visa number → adjust to LPR. From I-360 approval to AOS, USCIS generally grants deferred action and SIJ-based EAD — authorized stay.
Were people entering via CBP One paroled?
Between 2023–2025, individuals scheduled at a port of entry via the CBP One app were typically paroled (humanitarian parole). I-94 shows COA = PAR with a date (commonly 2 years). That's parole, not admission. Once parole ends or is terminated, the person is outside authorized stay and UP starts to accrue. Programs change with administrations; check CBP / USCIS for current status.
What status do Uniting for Ukraine / CHNV beneficiaries hold?
U4U (Ukraine) and CHNV (Cuba/Haiti/Nicaragua/Venezuela) are sponsor-based humanitarian parole programs. Beneficiaries are parolees (commonly 2 years), inside authorized stay, EAD-eligible. The programs themselves can be terminated or restarted — defer to the current USCIS page.
Are TPS / DACA / DED real statuses?
None are nonimmigrant statuses under INA §101(a)(15), but all sit inside authorized stay. USCIS treats TPS as 'lawful status for nonimmigrant purposes' in some AOS contexts. DACA and DED are administrative discretion programs; UP does not accrue, but whether you can adjust to LPR depends on other pathways.
Does UP accrue while asylum is pending?
No. §212(a)(9)(B)(iv) tolls UP during a pending bona fide asylum application (unless you engage in unauthorized work). Once granted, asylee is a lawful status and you may file I-485 after one year.
Is withholding of removal the same as asylum?
No. Withholding (INA §241(b)(3)) only blocks removal to a specific country. It is not a status, has no LPR path, but provides (c)(10) EAD — authorized stay, no UP accrual.
What about VAWA self-petitioners?
Approved I-360 VAWA petitions confer deferred action and EAD eligibility — authorized stay. VAWA also has special AOS treatment (including §245(i) and flexible handling of certain inadmissibility grounds). Case-by-case.
What is Parole in Place (PIP)?
PIP is a discretionary 'parole' granted to certain noncitizens already in the U.S. (commonly military families). It retroactively treats the in-country period as authorized stay, opening §245(a) AOS. PIP is parole, not status.
What about Order of Supervision / withholding-only — a 'in-between' situation?
Often arises when removal is ordered but cannot be effected (country conditions, withholding granted, etc.). The person has no nonimmigrant status but is supervised by ICE, often with an EAD. UP timing depends on the IJ order date and case facts — talk to an attorney.
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