PART 1—DEFINITIONS Authority: 8 U.S.C. 1101; 8 U.S.C. 1103; 5 U.S.C. 301; Pub. L. 107-296, 116 Stat. 2135; 6 U.S.C. 1 et seq. Source: 76 FR 53778, Aug. 29, 2011, unless otherwise noted. § 1.1 Applicability. This part further defines some of the terms already described in section 101 and other sections of the Immigration and Nationality Act (66 Stat. 163), as amended, and such other enactments as pertain to immigration and nationality. These terms are used consistently by components within the Department of Homeland Security including U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services. § 1.2 Definitions. As used in this chapter I, the term: Act INA Aggravated felony Application Arriving alien Attorney Benefit request Board Case, CBP Commissioner Day, Department or DHS, Director or district director E-filing EOIR Executed execute Form Form instructions ICE Immigration judge Immigration officer Lawfully admitted for permanent residence Petition. Practice Preparation, Representation Representative Respondent Secretary, Service Service counsel Transition program effective date as used with respect to extending the immigration laws to the Commonwealth of the Northern Mariana Islands USCIS [76 FR 53778, Aug. 29, 2011, as amended at 91 FR 51971, Aug. 11, 2026] § 1.3 Lawfully present aliens for purposes of applying for Social Security benefits. (a) Definition of the term an “alien who is lawfully present in the United States.” (1) A qualified alien as defined in 8 U.S.C. 1641(b); (2) An alien who has been inspected and admitted to the United States and who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission; (3) An alien who has been paroled into the United States pursuant to section 212(d)(5) of the Act for less than 1 year, except: (i) Aliens paroled for deferred inspection or pending removal proceedings under section 240 of the Act; and (ii) Aliens paroled into the United States for prosecution pursuant to 8 CFR 212.5(b)(3); (4) An alien who belongs to one of the following classes of aliens permitted to remain in the United States because DHS has decided for humanitarian or other public policy reasons not to initiate removal proceedings or enforce departure: (i) Aliens currently in temporary resident status pursuant to section 210 or 245A of the Act; (ii) Aliens currently under Temporary Protected Status (TPS) pursuant to section 244 of the Act; (iii) Cuban-Haitian entrants, as defined in section 202(b) of Pub. L. 99-603, as amended; (iv) Family Unity beneficiaries pursuant to section 301 of Pub. L. 101-649, as amended; (v) Aliens currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President; (vi) Aliens currently in deferred action status; (vii) Aliens who are the spouse or child of a United States citizen whose visa petition has been approved and who have a pending application for adjustment of status; (5) Applicants for asylum under section 208(a) of the Act and applicants for withholding of removal under section 241(b)(3) of the Act or under the Convention Against Torture who have been granted employment authorization, and such applicants under the age of 14 who have had an application pending for at least 180 days. (b) Non-issuance of a Notice to Appear and non-enforcement of deportation, exclusion, or removal orders. (1) Issue a Notice to Appear; or (2) Enforce an outstanding order of deportation, exclusion or removal. § 1.4 Definition of Form I-94 The term Form I-94, Form I-94, (a) The terms “annotate,” “note,” “indicate on,” “stamp,” and “endorse,” unless used in part 231 of this chapter, include, but are not limited, to DHS amending, including or completing information in its electronic record of admission, or arrival/departure. For purposes of part 231, the term “endorse” includes but is not limited to the submission of electronic departure data to CBP. (b) The terms “completed,” “completely executed” and “completed and signed” include, but are not limited to, DHS completing its collection of information into its electronic record of admission, or arrival/departure. (c) The terms “issuance” and “given” include, but are not limited to, the creation of an electronic record of admission, or arrival/departure by DHS following an inspection performed by an immigration officer. (d) The term “original I-94” includes, but is not limited to, any printout or electronic transmission of information from DHS systems containing the electronic record of admission or arrival/departure. (e) The terms “present,” “presentation,” or “submission” of a Form I-94, unless they are used in § 231.1 or § 231.2 of this chapter, include, but are not limited to, providing a printout of information from DHS systems containing an electronic record of admission or arrival/departure. For purposes of § 231.1 of this chapter, the terms “present” or “submission” of the Form I-94 includes ensuring that each passenger presents him/herself to a CBP Officer for inspection at a U.S. port-of-entry. For the purposes of § 231.2 of this chapter, the terms “present,” “submit,” or “submission” of the Form I-94 includes ensuring that each passenger is available for inspection by a CBP Officer upon request. (f) The term “possession” with respect to a Form I-94 includes, but is not limited to, obtaining a copy or printout of the record of an electronic evidence of admission or arrival/departure from the appropriate CBP systems. (g) The terms “surrendering,” “turning in a Form I-94,” and “departure I-94” includes, but is not limited to, complying with any departure controls under 8 CFR part 215 that may be prescribed by CBP in addition to the submission of electronic departure data to CBP by a carrier. [78 FR 18472, Mar. 27, 2013]