“Admission” is a term of art in immigration law, defined by statute as an entry with inspection.[102]  Generally, “admission” means a lawful entry into the United States after inspection and authorization.[103]  See § 3.12, infra.  A person who is granted lawful permanent resident status is considered as having been “admitted” on the date the adjustment of status is effective.  See § 3.13, infra.  A lawful permanent resident who has left the United States and is returning is not considered to be seeking “admission” except under certain special circumstances.[104]  A noncitizen who attempts to leave the United States, but is not allowed into Canada, is not considered to be seeking admission upon returning to the United States.[105]  See § 3.14, infra.

 

[102] INA § 101(a)(13)(A), 8 U.S.C. § 1101(a)(13)(A).

[103] INA § 101(a)(13)(A), 8 U.S.C. § 1101(a)(13)(A).  For more information on the definition of admission, see ILRC, California Criminal Law and Immigration, Chapter 1.

[104] INA § 101(a)(13)(C), 8 U.S.C. § 1101(a)(13)(C).

[105] Handa v. Clark, 401 F.3d 1129 (9th Cir. Mar. 25, 2005) (lawfully admitted noncitizen denied admission into Canada, but allowed by Canadian immigration officials to drive into Canada to turn his car around, is not making an exit and subsequent re-entry to the United States; upon arrest by U.S immigration officials, noncitizen should be placed in deportation, rather than inadmissibility proceedings).

INADMISSIBILITY"RETURNING LAWFUL PERMANENT RESIDENT"RETROACTIVITY OF ADMISSION DEFINITION
Vartelas v. Holder, 132 S.Ct. 1479 (Mar. 29, 2012) (INA 101(a)(13)(C)(v), 8 U.S.C. 1101(a)(13)(C)(v), providing that the commission of a criminal offense identified in INA 212(a)(2), 8 U.S.C. 1182(a)(2), is an exception to the presumption that a LPR returning from abroad is not seeking admission and is therefore subject to the grounds of inadmissibility, does not apply to criminal offenses committed on or prior to Sept. 30, 1996, the effective date of IIRAIRA).

BIA

ADMISSION " MARIANA ISLANDS
Matter of C. Valdez, 25 I&N Dec. 824 (BIA 2012) (noncitizen's pre-11/28/2009 admission to CNMI does not constitute inspection, admission, or parole in to the United States for purposes of adjustment of status under INA 245(a)).

ADMISSION " ADVANCE PAROLE
Matter of Arrabelly and Yerrabally, 25 I&N Dec. 771 (BIA 2012) (leaving and re-entering the United States under a grant of advance parole is not a departure for purposes of triggering inadmissibility under INA 212(a)(9)(B)), revised August, 16, 2012).

ADMISSION"CUBAN REFUGEE ADJUSTMENT ACT
Matter of Espinosa-Guillot, 25 I&N Dec. 653 (BIA 2011) (an individual whose status was adjusted from parolee to lawful permanent resident pursuant to the Cuban Refugee Adjustment Act of 1966 was admitted for purposes of removal under INA 237(a)); see Lanier v. U.S. Attorney General, 631 F.3d 363, 365-66 (11th Cir. 2011) (individual whose status was adjusted to permanent residence was not barred from seeking a waiver of inadmissibility under INA 212(h)).

ADMISSION " PORTS OF ENTRY " TRAVEL BY AUTOMOBILE " CONTACT WITH IMMIGRATION AUTHORITIES CONSTITUTING ADMISSION TO THE UNITED STATES
Matter of Quilantan, 25 I. & N. Dec. 285 (BIA 2010) (where an alien entered U.S. through a border checkpoint by car with U.S. citizen friend driving and immigration officer only spoke to driver and allowed the car to enter, the alien proved she was admitted to the U.S. pursuant to 8 U.S.C. 101(a)(13)(A), because she need only prove procedural regularity in her entry and not that she was questioned by immigration authorities or admitted in a particular status), reaffirming Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980).

VOLUNTARY DEPARTURE - ADMISSION - DEPORTED OR TURNED BACK?
Matter of Romalez, 23 I&N Dec. 423 (BIA 2002) (voluntary departure "under threat of deportation" breaks continuous physical presence for purposes of non-LPR cancellation of removal).

NOTE: The BIA and other courts distinguish between situations where the applicant makes an agreement to voluntarily depart or withdraw an application for admission in lieu of proceedings versus those situations where the applicant was turned around at the border and did not enter into a formal agreement (even if applicant for admission was temporarily detained).

Cases finding voluntary departure or withdrawal: Matter of Avilez-Nava, 23 I&N Dec. 799 (BIA 2005); Mendez-Reyes v. Atty. Gen., 428 F.3d 187 (3d Cir. 2006); Mieles-Valdez v. Ashcroft, 349 F.3d 213 (5th Cir. 2003); Flores Palomino v. Ashcroft, 354 F.3d 942 (8th Cir. 2004); Vasquez-Lpez, 343 F.3d 961 (9th Cir. 2003).

Cases finding noncitizen was informally "turned back": MoralesMorales v. Ashcroft, 384 F.3d 418 (7th Cir. 2004); Reyes-Vasquez v. Ashcroft, 395 F.3d 903 (8th Cir. 2005); Ortiz-Cornejo v. Gonzales, 400 F.3d 610 (8th Cir. 2005); Tapia v. Gonzales, 430 F.3d 997 (9th Cir. 2005); Ibarra-Flores v. Gonzales, 439 F.3d 614 (9th Cir. 2006).

Thanks to AILF Litigation Clearinghouse Newsletter.

ADMISSION - NONCITIZEN IS INSPECTED AND ADMITTED EVEN IF THE ADMISSION IS BASED ON FRAUDULENT DOCUMENTS
Matter of KBN, 9 I. & N. Dec. 50 (BIA 1960) (decided shortly after Congress amended ina 245(a) to require "inspection and admission," rather than "admission as a bona fide nonimmigrant," the BIA held that entry by means of a fraudulently-acquired "certificate of identity" (comparable to a B-1 visa in the circumstances of the case) meets the "inspected and admitted" requirement - and then affirmed the decision to deny adjustment of status in the exercise of discretion). Note that currently a person in this situation is deemed deportable [not inadmissible] under INA 237(a)(1)(A) (inadmissible at time of entry or adjustment).

ADMISSION - FRAUDULENT
Kyong Ho Shin v. Holder, 607 F.3d 1213 (9th Cir. Jun. 11, 2010) (noncitizen brothers were not lawfully admitted for permanent residence where applications were fraudulent; it does not matter that the noncitizens were personally unaware of the fraud).

First Circuit

ADJUSTMENT OF STATUS - FRAUD
Mejia-Orellana v. Gonzales, 502 F.3d 13 (1st Cir. Sept. 6, 2007) (noncitizen who obtained lawful permanent resident status by fraud has not been lawfully admitted to the United States and is therefore ineligible for LPR cancellation of removal).

Second Circuit

ADMISSION -- FLEUTI DOCTRINE
Vartelas v. Holder, 689 F.3d 121 (2d Cir. Aug. 6, 2012) (on remand from Vartelas v. Holder, 132 S. Ct. 1479 (2012), which implicitly required the conclusion that the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) change should not be applied to petitioner retroactively, the case is remanded to the BIA to consider whether he was prejudiced by his attorney's failure to argue the issue of retroactivity).

ADMISSION TO UNITED STATES - ADVANCE PAROLE
Ibragimov v. Gonzales, __ F.3d __, 2007 WL 184661 (2d Cir. Jan. 25, 2007) (noncitizen who was admitted to United States as visitor, overstayed, applied for adjustment of status, then left the United States under advance parole, was properly charged with inadmissibility upon revocation of parolee status; fact that noncitizen was initially admitted does not overcome fact that subsequent entry into United States as parolee is not an "admission" to the United States). http://caselaw.lp.findlaw.com/data2/circs/2nd/054771p.pdf

Third Circuit

ADMISSION"VISA WAIVER PROGRAM
Vera v. Atty General, 672 F.3d 187 (3d Cir. Mar. 1, 2012) (court may presume visa waiver entrant executed the statutorily required waiver of her right to challenge removal; even if waiver was not signed or invalid, prejudice must also be shown).

ADMISSION " VISA WAIVER PROGRAM
Vera v. Atty General, 672 F.3d 187 (3d Cir. Mar. 1, 2012) (court may presume visa waiver entrant executed the statutorily required waiver of her right to challenge removal; even if waiver was not signed or invalid, prejudice must also be shown), vacated by Vera v. Att'y Gen, __ F.3d __, 2012 WL 2135508 (3d Cir. Jun. 13, 2012) (DHS discovered petitioner was not a visa waiver program entrant).

RELIEF " ADJUSTMENT OF STATUS " PAROLE
Delgado-Sobalvarro v. Attorney General of U.S., 625 F.3d 782 (3d Cir. Nov. 2, 2010) (petitioners were not eligible to adjust status under INA 245 on the basis of their INA 236 conditional parole, since conditional parole does not constitute parole into the United States for the purposes of adjustment of status under INA 245).

Fifth Circuit

ADMISSIONS - FLEUTI DOCTRINE
Malagon de Fuentes v. Gonzales, __ F.3d __, 2006 WL 2468306 (5th Cir. Aug. 28, 2006) (Fleuti doctrine does not apply to trips made outside the United States after IIRAIRA effective date; Fleuti doctrine has no constitutional basis), following Tapia v. Ashcroft, 351 F.3d 795, 799 (7th Cir. 2003); Tineo v. Ashcroft, 350 F.3d 382, 394 (3rd Cir.2003); Rivera-Jimenez v. INS, 214 F.3d 1213, 1218 n. 6 (10th Cir.2000); In re Collado, 21 I. & N. Dec. 1061, 1064-66 n. 3 (BIA 1998).

Seventh Circuit

ADMISSION - K-VISA IS A NONIMMIGRANT VISA
Atunnise v. Mukasey, 523 F.3d 830 (7th Cir. Apr. 30, 2008) (a K-visa [fiancee visa] is a nonimmigrant visa; nonimmigrant is ineligible for a waiver under INA 212(i), which applies only to intending immigrants; rejecting argument that K-visa is really an immigrant visa since all K-visa recipients intend to immigrate to the U.S.).

Ninth Circuit

RELIEF " CANCELLATION OF REMOVAL " ADMISSION IN ANY STATUS
(respondent was admitted in 1993 when he was waved across the border after inspection by an immigration officer, since the phrase in any status plainly encompasses every status recognized by immigration statutes, lawful or unlawful, his procedurally regular admission in 1993 was an admission in any status under 8 U.S.C. 1229b(a)(2)).

ADMISSION " ENTRY AS SPECIAL IMMIGRANT JUVENILE CONSTITUTES AN ADMISSION FOR IMMIGRATION PURPOSES
Garcia v. Holder, 659 F.3d 1261 (9th Cir. Nov. 2, 2011) (parole as a Special Immigrant Juvenile, under 8 U.S.C. 1255(h), qualifies as an admission "in any status" for the purposes of eligibility for cancellation of removal for Lawful Permanent Residents under INA 240A(a)(2), 8 U.S.C. 1229b(a)(2)).

ADMISSION - FRAUDULENT
Kyong Ho Shin v. Holder, 607 F.3d 1213 (9th Cir. Jun. 11, 2010) (noncitizen brothers were not lawfully admitted for permanent residence where applications were fraudulent; it does not matter that the noncitizens were personally unaware of the fraud).

Tenth Circuit

IMMIGRATION OFFENSES"ILLEGAL REENTRY"PROCEDURALLY LAWFUL ENTRY CAN CONSTITUTE ILLEGAL REENTRY IF DONE WITHOUT PERMISSION
Cordova-Soto v. Holder, 659 F.3d 1029 (10th Cir. Oct. 17, 2011) (lawful entry as inspected backseat taxi passenger of previously deported person, without seeking the Attorney Generals permission to reapply for admission as she was required to do, under INA 212(a)(9)(A)(iii), 8 U.S.C. 1182(a)(9)(A)(iii), constituted unlawful entry into the United States, under 8 C.F.R. 241.8(a)); following Lorenzo v. Mukasey, 508 F.3d 1278, 1283 (10th Cir. 2007) (an individual who had previously been removed was precluded from gaining lawful admission to the United Stateswithout obtaining authorization to do so from the Attorney General.); distinguishing Matter of Quilantan, 25 I&N Dec. 285, 289 (BIA 2010) (the lawful entry requirement of admitted, under INA 101(a)(13)(A), 8 U.S.C. 1101(a)(13)(A), refers only to procedural regularity.).

Other

RELIEF " INSPECTION AND ENTRY AT A PORT OF ENTRY " DEFINITION OF ADMISSION
Inspection and Entry at a Port of Entry: Where is There an Admission? (Jan. 30, 2013) (this applies beyond the DACA context and discusses entries in three common situations: where a noncitizen is waved through a port of entry with no questions asked; where entry is gained by fraud or misrepresentation; and where there is a false claim to U.S. citizenship). http://www.legalactioncenter.org/practice-advisories/%E2%80%9Cbrief-casual-and-innocent-absences-united-states

ADMISSION - VISA WAIVER PROGRAM COUNTRIES
Countries added to Visa Waiver Program (wherein admittees waive rights to immigration hearings and relief), as of November 17, 2008, include: Czech Republic, Estonia, Hungary, Latvia, Lithuania, the Republic of Korea, and the Slovak Republic. Federal Register, Vol. 73, No. 222, Monday, Nov. 17, 2008.

ADMISSION - VISA OVERSTAY
Entry with a tourist visa counts as an admission. Any entry with inspection at a border or equivalent (e.g., at an airport) counts as an admission, even if the person enters with false documents. The only exception is that a person who entered falsely claiming to be a U.S. citizen has not been "admitted." The immigration authorities can deport someone who has overstayed a tourist visa, since he has no right to continue to be present in the United States.

ADMISSION - REFUGEES CONSIDERED LPRS AS OF DATE OF ADMISSION
Refugees are considered LPRs retroactively as of the date of admission. 8 C.F.R. 209.1(e).

ADMISSION - VISA WAIVER PROGRAM
Guam and Northern Mariana Islands added to VWP. http://www.dhs.gov/xlibrary/assets/cnmi_ifr_2009-01-13.pdf

ADMISSION - VISA WAIVER PROGRAM
Guam and Northern Mariana Islands added to VWP. http://www.dhs.gov/xlibrary/assets/cnmi_ifr_2009-01-13.pdf