(B)  Coming to the United States:  There are various terms (in addition to those above) used in discussing noncitizens coming to the United States:

 

Admission:  Any noncitizen coming to the United States must be lawfully “admitted” into the United States after inspection by an immigration official at a port of entry.[31]

Deferred Inspection:  Paroling an arriving alien into the United States temporarily in order to give the noncitizen a chance to prove that s/he is admissible to the United States.[32]

Entry:  Although no longer defined for immigration purposes,[33] entry can be taken to mean physically crossing the border into the United States.

Immigrant Visa:  A travel document issued by the Department of State that allows a noncitizen intending to permanently reside in the United States to be admitted into the United States.

Non-Immigrant Visa:  A travel document issued by the Department of State that allows a noncitizen intending to temporarily reside in the United States to be admitted into the United States.

Returning Lawful Permanent Resident:  An LPR returning to the United States from a trip abroad is not generally considered a applicant for admission (or an arriving alien).  A returning LPR only becomes an applicant for admission if one or more of certain conditions is met (including being inadmissible due to criminal offenses).[34]

Visa Waiver Program:  A program that allows noncitizens from certain designated countries[35] to enter the United States temporarily without a visa.[36]  Noncitizens who enter via this program are severely restricted in what they can do while in the United States, and automatically waive a number of rights, including the right to a removal hearing before an immigration judge and the right to apply for relief from removal.[37]

[31] See § § 17.5-17.8, infra.

[32] See § 15.15, infra.

[33] “Entry” was previously defined at INA § 101(a)(13), 8 U.S.C. § 1101(a)(13) (1995).

[34] INA § 101(a)(13)(C), 8 U.S.C. § 1101(a)(13)(C).  See § 17.6, infra.

[35] 8 C.F.R. § 217.2.

[36] INA § 217, 8 U.S.C. § 1187; 8 C.F.R. § § 217.1-217.6.

[37] See, e.g., Schmitt v. Maurer, 451 F.3d 1092 (10th Cir. Jun. 20, 2006) (noncitizens who enter on the visa waiver program waive all rights to contest removal or appear before an immigration judge, except to apply for asylum; VAWA applicant who entered through Visa Waiver Program and overstayed therefore cannot adjust); Handa v. Clark, 401 F.3d 1129 (9th Cir. 2005).  But see Freeman v. Gonzales, 444 F.3d 1031 (9th Cir. Apr. 21, 2006) (bar to review of denial of benefits for those who entered United States via Visa Waiver Program does not apply to noncitizen who has filed an adjustment of status application as an immediate relative).  Asylum seekers are excepted.  8 C.F.R. § § 217.4(b), (c).

Ninth Circuit

REMOVAL PROCEEDINGS " TERRITORIAL JURISDICTION " MARIANA ISLANDS
Mtoched v. Lynch, ___ F.3d ___, 2015 WL 2445063 (9th Cir. May 22, 2015) (United States immigration laws may be applied and enforced within CNMI to noncitizens who entered that territory, committed the crime, and suffered the conviction upon which the removal order is based prior to the extension of United States immigration laws to the Commonwealth).

Other

OVERVIEW - IMMIGRATION PROCEEDINGS - VISA WAIVER PROGRAM
DHS Final Rule: Designation of Malta for the Visa Waiver Program "This rule adds Malta to the list of countries authorized to participate in the Visa Waiver Program. DATES: This final rule is effective on December 30, 2008." Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008.