Chapter 4 - Panama Canal Zone Employees
A. Purpose and Background
On September 7, 1977, the United States signed the Panama Canal Treaty, agreeing to the eventual transfer of control of the Panama Canal from the United States to the Panamanian government. The Panama Canal Act of 1979 effectively implemented the treaty that, among other things, resulted in the involuntary separation or geographic relocation of most U.S. citizens working as federal employees in the Canal Area.[1]
The Panama Canal Act also impacted certain Panamanian nationals and others working at the Panama Canal. In particular, the legislation impacted those employed as firefighters, police officers, or security guards who were considered threatened or at risk as a direct result of their employment. Congress created a special immigrant category for certain former employees of the Panama Canal Company or Canal Zone government as a result of the perceived threat and to reward certain employees for their faithful service.[2]
Congress originally limited this special immigrant category to 15,000 immigrant visas in total, with no more than 5,000 immigrant visas available per year. Congress later removed these numerical limitations in the Immigration and Nationality Technical Corrections Act of 1994.[3] These special immigrant former employees of the Panama Canal Company or Canal Zone government, however, are subject to the yearly numerical limits of the employment-based fourth preference immigrant category.
Due to the difficulty in verifying the periods and nature of employment and the periods of residence, USCIS generally should consult with the U.S. Embassy in Panama City and the Department of State prior to granting any cases under these provisions, unless consultation already occurred during adjudication of the underlying special immigrant petition to verify this information.[4] This program has no sunset date.
B. Legal Authorities
- INA 101(a)(27)(E), INA 101(a)(27)(F), and INA 101(a)(27)(G) – Employees of Panama Canal Company or Canal Zone government
- INA 203(b)(4) – Certain special immigrants
- INA 245; 8 CFR 245 – Adjustment of status of nonimmigrant to that of person admitted for permanent residence
- 22 CFR 42.32(d)(3) - Panama Canal employees
C. Eligibility Requirements
To adjust to lawful permanent resident (LPR) status as a special immigrant Panama Canal Zone employee, an applicant must meet the following eligibility requirements:
| Adjustment of Status Eligibility Requirements for Special Immigrant Panama Canal Zone Employees |
|---|
| The applicant has been inspected and admitted or inspected and paroled into the United States. |
| The applicant is physically present in the United States at the time of filing and adjudication of the adjustment application. |
| The applicant is eligible to receive an immigrant visa because the applicant is the beneficiary of an approved Form I-360 classifying him or her as a special immigrant Panama Canal Zone employee. |
| The applicant had an immigrant visa immediately available when he or she filed the adjustment of status application[5] and at the time of final adjudication.[6] |
| The applicant is not subject to any applicable bars to adjustment of status.[7] |
| The applicant is admissible to the United States or eligible for a waiver of inadmissibility or other form of relief.[8] |
| The applicant merits the favorable exercise of discretion.[9] |
1. Eligibility to Receive an Immigrant Visa[10]
To be eligible to receive an immigrant visa to adjust status as a special immigrant Panama Canal Zone employee, the principal applicant must obtain such classification from USCIS by filing a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360).
The table below outlines the various special immigrant Panama Canal Zone employee categories provided by law.
| Citation | Employed by… | Employed at least… | Additional Requirements |
|---|---|---|---|
| INA 101(a)(27)(E) | Panama Canal Company or Canal Zone government | One year on or prior to October 1, 1979 | Lived in Panama Canal Zone on April 1, 1979 |
| INA 101(a)(27)(F) | U.S. Government in the Canal Zone | 15 years prior to October 1, 1979 | Panamanian national and honorably retired from service or continues to be employed by the U.S. government in an area of the former Canal Zone |
| INA 101(a)(27)(G) | Panama Canal Company or Canal Zone government on April 1, 1979 | Five years, as of date of the ratification of the Panama Canal Zone Treaty of 1977 | Personal safety, or the safety of their spouse and children, is placed in danger because of the nature of the employment and the Panama Canal Treaty |
Noncitizens who qualify as a current or former employee of the U.S. Government in the Canal Zone[11] might also qualify as a special immigrant employee or honorably retired employee of the U.S. Government.[12] An applicant who is eligible under both categories may seek to adjust under whichever category may be more advantageous.
Verifying the Underlying Basis to Adjust Status and Determining Ongoing Eligibility[13]
The Panama Canal Zone employee petition should already be adjudicated and approved when the officer adjudicates the adjustment application. USCIS does not re-adjudicate the Panama Canal Zone employee petition at the time of the adjudication of the adjustment application. However, the officer should ensure that the applicant remains classified as a Panama Canal Zone employee and thus is eligible to adjust as a Panama Canal Zone employee. As a result, there may be instances when USCIS may require the applicant to provide additional evidence to show he or she continues to be classified as a Panama Canal Zone employee. In other words, the officer must verify the status of any underlying immigrant petition that forms the basis for adjustment.
2. Bars to Adjustment
Special immigrant Panama Canal Zone employees and their derivatives are ineligible for adjustment of status if any of the bars to adjustment of status apply.[14]
3. Admissibility and Waiver Requirements
In general, an applicant who is inadmissible to the United States may only obtain LPR status if he or she obtains a waiver or other form of relief, if available.[15] In general, if a ground of inadmissibility applies, an applicant must apply for a waiver or other form of relief to overcome that inadmissibility.[16] If a waiver or other form of relief is granted, USCIS may approve the application to adjust status if the applicant is otherwise eligible.
The following table specifies which grounds of inadmissibility apply and which do not apply to applicants seeking LPR status based on the Panama Canal Zone employee classification.
| Ground of Inadmissibility | Applies | Exempt or Not Applicable |
|---|---|---|
| INA 212(a)(1) – Health-Related | X |
|
| INA 212(a)(2) – Crime-Related | X |
|
| INA 212(a)(3) – Security-Related | X |
|
| INA 212(a)(4) – Public Charge | X |
|
| INA 212(a)(5) – Labor Certification and Qualifications for Certain Immigrants |
| X |
| INA 212(a)(6) – Illegal Entrants and Immigration Violators | X |
|
| INA 212(a)(7)(A) – Documentation Requirements for Immigrants | X |
|
| INA 212(a)(8) – Ineligibility for Citizenship | X |
|
| INA 212(a)(9) – Aliens Previously Removed | X |
|
| INA 212(a)(10) – Practicing Polygamists, Guardians Required to Accompany Helpless Persons, International Child Abductors, Unlawful Voters, and Former Citizens who Renounced Citizenship to Avoid Taxation | X |
|
4. Treatment of Family Members
The spouse or child[17] of a special immigrant Panama Canal Zone employee may accompany or follow-to-join the principal applicant if the spouse or child is otherwise eligible.[18] The spouse and child may, as derivative applicants, apply to adjust status under the same immigrant category and priority date as the principal applicant.
D. Documentation and Evidence
An applicant should submit the following documentation to adjust status as a special immigrant Panama Canal Zone employee:
- Application to Register Permanent Residence or Adjust Status (Form I-485), with the correct fee;
- Copy of the approval notice (Form I-797) for the principal applicant’s special immigrant petition (Form I-360);
- Two passport-style photographs;
- Copy of government-issued identity document with photograph;
- Copy of birth certificate;
- Copy of passport page with nonimmigrant visa (if applicable);
- Copy of passport page with admission or parole stamp (if applicable);
- Copy of Arrival/Departure Record (Form I-94) or copy of U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable);[19]
- Evidence of continuously maintaining a lawful status since arrival in the United States;
- Any other evidence, as needed, to show that an adjustment bar does not apply;[20]
- Report of Immigration Medical Examination and Vaccination Record (Form I-693);[21]
- Certified police and court records of criminal charges, arrests, or convictions (if applicable);
- Application for Waiver of Grounds of Inadmissibility (Form I-601) or other form of relief (if applicable); and
- Documentation of past or present J-1 or J-2 nonimmigrant status, including proof of compliance with or waiver of the 2-year foreign residence requirement under INA 212(e) (if applicable).
In addition, a spouse or child who is filing as a derivative applicant should submit the following:
- A copy of documentation showing relationship to the principal applicant, such as a marriage certificate or adoption decree (if applicable); and
- A copy of the approval or receipt notice (Form I-797) for the principal applicant’s Form I-485 or a copy of the principal applicant’s permanent resident card (Form I-551) (if applicable and not filing together with the principal applicant).
E. Adjudication[22]
1. Filing
An applicant seeking adjustment of status as a special immigrant Panama Canal Zone employee may file his or her adjustment application with USCIS after USCIS approves the special immigrant petition[23] (as long as the petition is still valid), provided:
- USCIS has jurisdiction over the adjustment application;[24] and
- The visa availability requirements are met.[25]
These applicants may not file an adjustment application concurrently with Form I-360.
2. Interview
The officer must schedule the applicant for an in-person interview at the appropriate field office and transfer jurisdiction to that field office for final adjudication in cases where:
- The officer cannot make a decision based on the evidence of record; or
- The applicant does not meet the criteria for an interview waiver.[26]
3. Decision
Approval
The officer must determine that the applicant meets all the eligibility requirements as well as merits the favorable exercise of discretion before approving the application to adjust status as a special immigrant Panama Canal Zone employee or family member.[27] If the application for adjustment of status is approvable, the officer must determine if a visa is available at the time of final adjudication.[28]
If approved, USCIS assigns the following codes of admission to applicants adjusting under this category:
| Applicant | Code of Admission |
|---|---|
| Former employees of the Panama Canal Company or Canal Zone government[29] | SF6 |
| Spouse of former employee (SF6) | SF7 |
| Child of former employee (SF6) | SF7 |
| Former employees of the U.S. Government in the Panama Canal Zone[30] | SG6 |
| Spouse of former employee (SG6) | SG7 |
| Child of former employee (SG6) | SG7 |
| Former employees of the Panama Canal Company or Canal Zone government employed on April 1, 1979[31] | SH6 |
| Spouse of former employee (SH6) | SH7 |
| Child of former employee (SH6) | SH7 |
The applicant becomes an LPR as of the date of approval of the adjustment application.[32]
Denial
If the officer determines that the applicant is ineligible for adjustment, the officer must deny the adjustment application. The officer must provide the applicant a written reason for the denial.[33] Although there are no appeal rights for the denial of an adjustment application, the applicant may file a motion to reopen or reconsider. The denial notice should include instructions for filing a Notice of Appeal or Motion (Form I-290B).
Footnotes
[^ 1] See Pub. L. 96-70 (PDF), 93 Stat. 452 (September 27, 1979).
[^ 2] See Section 3201 of Pub. L. 96-70 (PDF), 93 Stat. 452, 496 (September 27, 1979).
[^ 3] See Section 212 of Pub. L. 103-416 (PDF), 108 Stat. 4305, 4314 (October 25, 1994) (striking Section 3201(c) of Pub. L. 96-70, 93 Stat. 452, 497 (September 27, 1979)).
[^ 4] See Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). See 9 Foreign Affairs Manual (FAM) 502.5-4, Fourth Preference Special Immigrants – Panama Canal Employees.
[^ 5] See Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions, Section B, Definition of Properly Filed [7 USCIS-PM A.3(B)].
[^ 6] See Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review, Section C, Verify Visa Availability [7 USCIS-PM A.6(C)].For information on Visa Availability and Priority Dates, see the DOS Visa Bulletin.
[^ 7] See INA 245(c). See Part B, 245(a) Adjustment [7 USCIS-PM B].
[^ 8] For more information, see Volume 8, Admissibility [8 USCIS-PM] and Volume 9, Waivers and Other Forms of Relief [9 USCIS-PM].
[^ 9] See INA 245(a). For more information, see Part A, Adjustment of Status Policies and Procedures [7 USCIS-PM A] and Part B, 245(a) Adjustment [7 USCIS-PM B].
[^ 10] See Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review [7 USCIS-PM A.6] and Part B, 245(a) Adjustment, Chapter 2, Eligibility Requirements, Section C, Eligible to Receive an Immigrant Visa [7 USCIS-PM B.2(C)].
[^ 11] See INA 101(a)(27)(F).
[^ 12] See INA 101(a)(27)(D). See Chapter 3, International Employees of U.S. Government Abroad [7 USCIS-PM F.3].
[^ 13] For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review [7 USCIS-PM A.6].
[^ 14] See INA 245(c). For more information on the bars to adjustment, see Part B, 245(a) Adjustment [7 USCIS-PM B].
[^ 15] See INA 212(a) for the specific grounds of inadmissibility.
[^ 16] See Volume 8, Admissibility [8 USCIS-PM] and Volume 9, Waivers and Other Forms of Relief [9 USCIS-PM]. See Application for Waiver of Grounds of Inadmissibility (Form I-601) and Application for Permission to Reapply for Admission into the United States after Deportation or Removal (Form I-212).
[^ 17] Unmarried and under 21 years of age.
[^ 18] See INA 101(a)(27)(C) and INA 203(d). For the definition of child, see INA 101(b)(1).
[^ 19] Noncitizens admitted to the United States by CBP at an airport or seaport after April 30, 2013, may be issued an electronic Form I-94 by CBP instead of a paper Form I-94. Such noncitizens may visit the CBP website to obtain a paper version of an electronic Form I-94.
[^ 20] Such as evidence that the INA 245(c)(2) adjustment bar does not apply because the applicant’s failure to maintain status was through no fault of his or her own or for technical reasons. See 8 CFR 245.1(d)(2). See Part B, 245(a) Adjustment, Chapter 4, Status and Nonimmigrant Visa Violations – INA 245(c)(2) and INA 245(c)(8), Section E, Exceptions [7 USCIS-PM B.4(E)].
[^ 21] The applicant may submit Form I-693 together with Form I-485 or later at USCIS’ request. See the USCIS website for more information. For more information on when to submit Form I-693, see Volume 8, Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 4, Review of Medical Examination Documentation [8 USCIS-PM B.4].
[^ 22] For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review [7 USCIS-PM A.6].
[^ 23] See Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360).
[^ 24] For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions, Section D, Jurisdiction [7 USCIS-PM A.3(D)].
[^ 25] The applicant must have an immigrant visa immediately available when he or she filed the adjustment of status application and at the time of final adjudication. See Section C, Eligibility Requirements [7 USCIS-PM F.7(C)].
[^ 26] For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 5, Interview Guidelines [7 USCIS-PM A.5].
[^ 27] See INA 245(a). For more information, see Part A, Adjustment of Status Policies and Procedures [7 USCIS-PM A] and Part B, 245(a) Adjustment [7 USCIS-PM B].
[^ 28] For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review, Section C, Verify Visa Availability [7 USCIS-PM A.6(C)].
[^ 29] Under INA 101(a)(27)(E).
[^ 30] Under INA 101(a)(27)(F).
[^ 31] Under INA 101(a)(27)(G).
[^ 32] The date of approval is shown in the USCIS approval notice mailed to the applicant; that date is also shown on the actual Permanent Resident Card (Form I-551) the applicant receives after adjustment approval.
[^ 33] See 8 CFR 103.2(b)(19) and 8 CFR 103.3(a).