Inspector's Field Manual - Gani

Inspector's Field Manual
process as described in (b). Aliens denied class membership in either case, identified in CIS as LU2 or CS2, are
not entitled to any benefits from the cases and may be processed in accordance with normal operating
procedures.
(d) Zambrano, Perales, IAP, and Proyecto litigation. Class members for these ongoing cases must obtain an
advance parole, Form I-512, prior to departing the U.S. and may be placed in removal proceedings if they
attempt reentry without obtaining advance parole authorization.
13.7 Conditional Residents.
A conditional resident (CR-1, C5-1 etc.) is admissible if applying before the second anniversary of admission for
conditional residence. The conditional resident may also be admissible if he or she has a boarding letter from a
U.S. consulate, has been stationed abroad under government civilian military orders, or is the spouse or child of
a person stationed abroad under government orders.
Otherwise, the applicant for admission as a conditional resident must have filed a joint petition or an
application for waiver, Form I-751 (marriage-based cases) or Form I-829 (investment -based cases), in the U.S.
within the 90 days before the second anniversary but not more than 6 months prior to the application for entry.
If none of those conditions exist, the inspector may defer the applicant to file Form I-751 or I-829 if there is reason
to believe the Service will approve a petition or waiver.
If the applicant is not admissible, place him or her in removal proceedings. See 8 CFR 235.11.