“Admission” is a term of art in immigration law, defined by statute as an entry into the United States after inspection and authorization.[29]  Entry to the United States without inspection is not an admission.[30]  Adjustment of status to that of a lawful permanent resident is also considered an “admission” to the United States.[31]  “Parole” into the United States is not an “admission.”[32]

 

Any “admission” is sufficient to subject a noncitizen to the grounds of deportation.  For example, a noncitizen will generally[33] be considered “admitted” even if the admission was based upon a false statement or fraudulent documents or the noncitizen was technically inadmissible.[34]  For this reason, noncitizens lawfully within the United States will usually be charged under a ground of deportation even if they had left and re-entered the United States at any point between when they technically became deportable (and/or inadmissible) and when they were placed in removal proceedings.  If the event that rendered the noncitizen deportable also triggered inadmissibility, s/he could technically be charged with being deportable for having been inadmissible at time of his or her most recent admission to the United States,[35] but this does not always happen.

[29] INA § 101(a)(13)(A), 8 U.S.C. § 1101(a)(13)(A).  For more information on the definition of admission, see I. Kurzban, Kurzban’s Immigration Law Sourcebook 37-41 (10th Ed. 2006).

[30] Nor is permission to land temporarily as an alien crewman.  INA § 101(a)(13)(B), 8 U.S.C. § 1101(a)(13)(B). 

[31] See § 17.7, infra.

[32] INA § 101(a)(13)(B), 8 U.S.C. § 1101(a)(13)(B).  See also Altamirano v. Gonzales, 427 F.3d 586 (9th Cir. Oct. 31, 2005) (a parolee has not been “admitted” to the United States, and therefore is subject to the grounds of inadmissibility, and bears the burden of showing admissibility).  See § 15.14, supra.

[33] At least two courts would appear to apply a different rule applies when the “admission” occurs through adjustment of status.  See § 17.7, infra.

[34] 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). 

[35] INA § 237(a)(1)(A), 8 U.S.C. § 1227(a)(1)(A) (deportable for being inadmissible at time of entry or adjustment).

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).

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).

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).

RELIEF - WAIVERS - 212(c) RELIEF - APPLICANT NOT LAWFULLY ADMITTED AS LPR IF LATER DETERMINED TO HAVE BEEN INELIGIBLE AT THE TIME OF OBTAINING THAT STATUS
Gallimore v. Attorney General, 619 F.3d 216, 224-225 (3d Cir. Aug. 20, 2010) (an alien whose status has been adjusted to lawful permanent resident but who is later determined in an immigration proceeding to have originally been ineligible for that status has not been "lawfully admitted for permanent residence" for purposes of eligibility for a waiver under former INA 212(c)); following De La Rosa v. DHS, 489 F.3d 551, 554 (2d Cir. 2007).

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 - 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