An important decision from the BIA – even not questioned at the border, someone can claim he/she was LEGALLY admitted!
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
This can be a landmark decision for those who entered through the border without a visa and has not been questioned at the port of entry. For more information call 510 742 5887.