Adjustment of status, in combination with a waiver under INA 212(h), or 212(c), is available as a defense to deportation on account of a criminal conviction that does not trigger a ground of inadmissibility. Immigration authorities sometimes take the position that Gabryelsky is no longer good law because the regulation on which it rested, 8 C.F.R. 245.1(e), no longer exists. This is incorrect, since the regulation has merely been moved to 8 C.F.R. 245.1(f), without mention of 212(c), but 212(c) is implied under Matter of Gabryelsky.
jurisdiction:
Other