← All resourcesMode of entry reference
How to identify and record a client’s mode of entry when preparing I-130, I-485, I-765 and related filings. Internal Reference Guide BTS-IRG-01.
Ask these at intake
- “Did you enter through an official checkpoint with a visa?”
- “Did you cross the border without inspection by an officer?”
- “Do you remember the date and location of entry?”
- “Were you issued any documents when you were released (e.g. I-862 Notice to Appear)?”
The six modes
EWIEntered Without Inspection
- Definition
- Crossed the U.S. border without being inspected by a CBP officer at a designated port of entry.
- Example
- Crossed the U.S.–Mexico border on foot and later turned themselves in to authorities, released under so-called “catch and release.”
On the form: Write “EWI” or “Entered Without Inspection.”
VISAVisa Entry (With Inspection)
- Definition
- Entered the U.S. with a valid visa and was inspected by a CBP officer at the port of entry.
- Example
- Entered with a B-2 tourist visa or F-1 student visa.
On the form: Write the class of admission (e.g. “B-2”), date of entry, and port of entry.
VWPVisa Waiver Program
- Definition
- Entered the U.S. under the Visa Waiver Program for eligible countries.
- Example
- Entered from the UK without a visa under ESTA.
On the form: Write “VWP — [Country],” date of entry, and port of entry.
PAROLEParole Entry
- Definition
- Entered the U.S. under humanitarian parole or advance parole.
- Example
- Cuban nationals or parolees under specific humanitarian programs.
On the form: Write “Parole,” date granted, and location of parole.
POEAsylum Seeker at Port of Entry
- Definition
- Presented themselves at a port of entry and requested asylum.
On the form: Write “Asylum Applicant at POE,” include date and port of entry.
DACADACA Initial Entry
- Definition
- Specific to clients who later received DACA — but the initial entry mode still applies (often EWI).
On the form: Accurately reflect the initial entry status (likely “EWI”) and subsequent statuses as applicable.
Rules that catch people out:
• For “catch and release” cases, the initial entry is still EWI, even though they were released.
• Never write unofficial terms like “catch and release” on a form — use the correct term (EWI).
• Record dates and locations as precisely as possible.
• If there is an ICE/CBP encounter number or A-number, document it.
• Check consistency across every form — I-130, I-485, I-765, I-864 must all match.
Recommended internal process
- Ask the mode-of-entry question during client intake.
- Verify details during document review and preparation.
- Ensure consistency across all forms before filing.
When uncertain, ask gently and specifically: “Did you enter through an official checkpoint with a visa, or did you cross the border without going through an inspection station?” For complex situations, advise the client to consult an immigration attorney.
