Criminal Defense of Immigrants


§ 17.8 (D)

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(D) Exceptions.  A person who is granted lawful permanent resident status is generally considered as having been “admitted” on the date the adjustment of status is effective.[80]  There are several situations where the date of a person’s adjustment will be different from the date the full LPR was actually granted. 

For example, noncitizens who obtain their lawful permanent residence through marriage are first granted conditional permanent resident (CPR) status for two years.[81]  Except for the two-year expiration date, the noncitizen should be treated as if s/he received LPR status on the date the CPR status was granted.[82] 


A parent’s date of adjustment of status is imputed to the parent’s unemancipated minor children residing with the parent.[83] 


Previously undocumented noncitizens who became LPRs through the Special Agricultural Worker’s Program were first granted Lawful Temporary Resident Status.[84]  The date of the grant of LTR status counts as an “admission” as well as the date of adjustment of status.[85]  This rule apparently does not apply to persons who adjusted through general amnesty.[86]


While a person granted Temporary Protected Status is deemed to have lawful status within the United States,[87] it appears that s/he maintains pre-TPS status for other purposes (i.e., an undocumented immigrant is generally not allowed to adjust status,[88] while someone previously admitted to the United States can[89]).  Therefore, a grant of TPS appears not to be considered an “admission” to the United States for removal purposes.  As further evidence of this, the INA specifically states that the time a noncitizen is in the United States under Temporary Protected Status[90] is not counted toward the period of continuous physical presence for purposes of cancellation of removal.[91]


Refugees, upon being granted LPR status, will be considered LPRs as of the date of their initial entry into the United States.[92] Asylees who adjust status will be considered to be LPRs as of one year before the date of the approval of the application, but not earlier than the date of the approval for asylum in the case of an [inadmissible applicant].”[93]

[80] An exception to this rule is where the LPR was first admitted as a “lawful temporary resident” for purposes of amnesty through the Special Agricultural Worker’s Program.  Perez-Enriquez v. Gonzales, 463 F.3d 1007 (9th Cir. Sept. 15, 2006) (en banc) (date of admission is determined as of the applicant’s date of admission for lawful temporary residence, and is not redetermined as of the date of adjustment to lawful permanent residence). 

[81] INA § 216, 8 U.S.C. § 1186a.

[82] 8 C.F.R. § 1216.1.  Except that a CPR (unlike an LPR) may be subject to expedited removal based upon conviction of an aggravated felony.  INA § 238(b)(2)(B), 8 U.S.C. § 1228(b)(2)(B).

[83] Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. Dec. 7, 2005).

[84] See § 24.11, infra.

[85] Perez-Enriquez v. Gonzales, 463 F.3d 1007 (9th Cir. Sept. 15, 2006) (en banc), reversing 411 F.3d 1079 (9th Cir. June 14, 2005); Matter of Jimenez-Lopez, 20 I. & N. Dec. 738, 742 (BIA 1993).  See § 24.11, infra.

[86] Trinidad-Contreras v. Gonzales, 202 Fed.Appx. 943, n.1 (9th Cir. Oct. 20, 2006) (unpublished).

[87] United States v. Orellana, 405 F.3d 360, 364-365 n.21 (5th Cir. 2005).

[88] Letter, Miller, Acting Asst. Comm. Adjudications (Mar. 30, 1993), reprinted in 70 No. 20 Interpreter Releases 753, 770-771 (June 7, 1993).

[89] Letter, Virtue, Acting G.C. (Mar. 4, 1991), reprinted in 68 No. 15 Interpreter Releases 461, 483-486 (Apr. 22, 1991).

[90] See § 24.25, infra.

[91] INA § 244(e), 8 U.S.C. § 1254a(e).

[92] 8 C.F.R. § 209.1(e).  Refugees are admitted to the United States upon entry.  INA § 207, 8 U.S.C. § 1157.

[93] 8 C.F.R. § 209.2(f).  Asylees may or may not have been admitted upon entry to the United States.  See INA § 208(a)(1), 8 U.S.C. § 1158(a)(1).




Matter of Carrillo-Arrillo, 25 I. & N. Dec. 99 (BIA Oct. 21 2009) (pursuant to the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732, 80 Stat. 1161, 1, the date at which a Cuban noncitizen was paroled in the United States counts as the date of "admission" as a lawful permanent resident; noncitizen who was paroled into the United States in 1999, but did not adjust status until 2001, was not deportable as a noncitizen who had committed a CMT within 5 years of admission based on offenses committed in 2004).