(B)  Visa Fraud Waiver.  A visa fraud discretionary waiver is available for a noncitizen who is the spouse, parent, or child of a United States citizen or lawful permanent resident and was admissible except for labor certification requirements or documentation requirements which were a direct result of the misrepresentation.[1397]

[1397] INA § 237(a)(1)(H)(i), 8 U.S.C. § 1227(a)(1)(H)(i).

Second Circuit

INADMISSIBILITY BASED UPON AN ADMISSION - ADMISSIONS INSUFFICIENT PRE-1990
Francis v. Gonzalez, __ F.3d __, 2006 WL 768549 (2d Cir. Mar. 27, 2006) (government failed to show noncitizen deportable for being inadmissible at entry or adjustment, under INA 237(a)(1)(A), on the basis that he admitted commission of a controlled substances offense, under current INA 212(a)(2)(A)(i)(II), since this ground of inadmissibility was not triggered by an admission of commission of the offense until IMMACT 1990, effective November 29, 1990, and noncitizen adjusted status prior to that date).

DEPORTABLE BECAUSE INADMISSIBLE AT TIME OF ENTRY OR ADJUSTMENT - COURT MUST LOOK AT LAW AS IT EXISTED AT TIME OF ENTRY/ADJUSTMENT
Francis v. Gonzalez, __ F.3d __, 2006 WL 768549 (2d Cir. Mar. 27, 2006) (to determine whether a noncitizen is deportable for being inadmissible at entry or adjustment under INA 237(a)(1)(A), the court must look to the law as it existed at the time of entry or adjustment, not current law).