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Inadmissibility and Waivers

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9th Circuit finds TPS counts as an admission for adjustment of status eligibility

The 9th U.S. Circuit Court of Appeals recently held that a grant of Temporary Protected Status itself constitutes an “admission” for purposes of INA § 245(a) adjustment of status eligibility. While this is potentially promising news, advocates in the 9th Circuit should wait for guidance from U.S. Citizenship and Immigration Services on how the decision will be implemented.

Three Decisions Address Definition of Admission

By Susan Schreiber

The concept of admission is central to many critical issues in immigration law. If your client was “admitted,” he or she may qualify to adjust status under INA § 245(a). If your client was “admitted,” he or she is subject to the grounds of deportability, not inadmissibility, and the government will have the burden of proof. And if your client was “admitted,” this may impact on available remedies for relief from removal.

Seventh Circuit Finds IJs Have Jurisdiction of 212(d)(3) Waivers for U Nonimmigrants

 

If you represent U visa and U status applicants, you already know that immigration judges have no jurisdiction over applications for U status or for applications for adjustment of status under INA § 245(m).  By statute, USCIS has exclusive jurisdiction over theses applications, including waivers of inadmissibility under INA § 212(d)(14), the waiver provision that exclusively applies to the U status applicants.

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