This rule is clearly defined both in the statute (INA § 212 a) (6) (A) (i) and in the regulation – 8 C.F.R. § 235.1 (f) (2) – which state that a non-citizen « is present in the United States who has not been admitted or pardoned (another form of temporary authorization to enter the country), or an alien who is prohibited from entering a port other than a designated open port of entry » is considered an applicant for admission and is subject to to INA § 212(a), where most grounds of inadmissibility are defined in the current version of the INA. Proof of your legal entry must relate to your last entry into the United States. Most applicants submit a copy of at least one of the following: Although admission as a legal term had always existed, it had not played such an important role until the mid-1990s and was used in rather limited contexts, primarily to determine legal immigration status or entitlement to benefits for immigrants. Instead, the issue of legal entry played that role. In the 1996 immigration reform, the concept of admission replaced the idea of legal entry, leaving it almost completely out of the woods, leaving only a whiff of its previous relevance in current immigration law. Before the scope of admission was significantly expanded as a result of the radical immigration reform of the 1990s, known as the Illegal Immigration Reform and Accountability of Immigrants Act of 1996 (IIRIRA), the separation between the treatment of foreigners depended on the concept of entry. For this reason, it is important to briefly examine this concept in order to clarify the concept of inadmissibility. The temporary waiver of illegal presence allows the individual to remain in the United States while USCIS decides on the pending exemption and then leave the United States to attend their immigrant visa interview after the exemption is approved. Instead of forgiving illegal entry, which is the usual misunderstanding with this renunciation, it forgives illegal presence. Unfortunately, if the parent entered the U.S. illegally, they can apply through their U.S. child, but they must also have a USC/LPR spouse or parent to apply for a temporary exemption.
Qualified parents include spouses or USC/LPR parents. A child cannot be a qualified parent. Since IIRIRA`s enactment, the Department of Homeland Security has taken the position that any non-citizen brought to the United States, regardless of intent, is a permit applicant. DHS considers that Matter of Badalamenti is obsolete because of the transition from entry to admission and as such is no longer a good law in light of Section 235(a)(i) of the INA. Some people had entered legally but are unable to present the above documents. For example, visitors may be « greeted » in their cars at some border entrances. This is considered legal entry as long as you had the proper documents (e.g. a visa waiver program or a valid visa). If you entered with a valid visa, but that visa has since expired, you still had legal entry. The above is only a brief overview of the problems of illegal entry and stay – in other words, it can become much more complicated. Contact an experienced immigration lawyer if you suspect you have a problem that needs to be resolved. However, there are situations where the above documents are not available.
So what do you do if you don`t have proof of legal entry? If you are inadmissible after the three-year or 10-year ground of inadmissibility for illegal presence, you may be able to apply for an exemption from inadmissibility. The legal requirements and exemption application procedures depend on the immigration benefit you are applying for. Persons admitted under the Visa Waiver Program are generally not eligible to adjust their status. Section 245(c)(4) of the INA does not allow aliens admitted under the VWP to adapt their status to that of a person admitted to permanent residence. However, this provision includes an exception for immediate relatives of U.S. citizens. Therefore, immediate relatives (i.e. spouses, unmarried children under the age of 21, and parents of U.S. citizens) can adjust their status to permanent residency by joining the Visa Waiver Program. Generally, when you file Form I-485, Application for Adjustment of Status, you must prove that you entered the United States legally.
Legal entry means that you have been admitted or pardoned in the United States. For most people, this means that you entered the United States with valid documents and that you personally contacted a U.S. immigration officer, and that officer confirmed your entry into the United States. Usually, this happens at a port of entry (airports, seaports, border crossing, etc.) when you share your passport and visa. If you cannot prove that you entered the United States legally through any of the above documents, USCIS will assume that you did not have legal entry. For most applications, this will result in a rejection and may put you in the referral process. As explained earlier, the concept of admission existed before IIRIRA and coincided with the doctrine of entry, which dominated in this field. At that time, this doctrine was rather limited and generally meant that an alien who was not a claimant could not be included in an exclusion procedure. This limited application has led to a very inadequate application of the law and has contributed to unequal treatment of expelled and excluded aliens.
For example, people deported by an immigration judge could not apply for adjustment of status in the U.S. unless they complied with the deportation order and stayed outside the U.S. for five years or had the order reopened. If you are inadmissible on one or more illegal grounds of inadmissibility, you will generally not be able to obtain a visa from the U.S. Department of State, enter the U.S. at a port of entry, or receive an immigration benefit such as an adjustment of status (green card) in the U.S. without first obtaining an exemption or other form of relief (for example, , consent to reapply). Inadmissibility is a fundamental legal concept for current U.S. immigration law, as it directly affects the decision on immigration benefits.
It follows directly from the concept of accreditation. Prohibited means that, at the discretion of the U.S. government, it is not permitted by law to be admitted or denied. Section 212(a) of the Immigration and Nationality Act (INA) describes the general categories of aliens deemed inadmissible by Congress. It is essentially the main source of inadmissibility grounds, which are grounds on which a person is considered inadmissible. All non-citizens « are not eligible to obtain visas and are not eligible to be admitted to the United States » if they are found to be inadmissible.