BIA on Admission: Matter of Graciela QUILANTAN, 25 I&N Dec. 285 (BIA 2010). Need only prove procedural regularity
Posted on Jul 29, 2010 11:15am PDT
It seems that this decision can have far reaching consequences. The concept of admission and being admitted forms one of the cornerstones of adjusting status in the United States to Lawful Permanent Resident (LPR or Greencard status). This decision could open the door allowing TPS holders to adjust status based on their "admission" pursuant to INA 244. Or possibly for a person who is EWI (Entry without Inspection) to travel on a valid travel document an re-enter the Untied States and seek adjustment.
The Board stated: 'Under section 245(a) of the Act, an applicant for adjustment of status must have been “inspected and admitted or paroled into the United States.”
Section 101(a)(13)(A) of the Act provides that the terms “admission” and “admitted” mean “the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.”' Matter of Graciela QUILANTAN, 25 I&N Dec. 285 (BIA 2010)
Headnote:
"For purposes of establishing eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255(a) (2006), an alien seeking to show that he or she has been “admitted” to the United States pursuant to section 101(a)(13)(A) of the Act, 8 U.S.C. § 1101(a)(13)(A) (2006),
need only prove procedural regularity in his or her entry, which does not require the alien to be questioned by immigration authorities or be admitted in a particular status
. Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980) reaffirmed."
From the Case:
"We find that, by themselves, the terms “admitted” and “admission,” as defined in section 101(a)(13)(A) of the Act, continue to denote procedural regularity for purposes of adjustment of status, rather than compliance with substantive legal requirements."