“Admission” and Adjustment of Status

The LAC has filed amicus briefs addressing when adjustment of status constitutes an “admission” under the Immigration and Nationality Act. The INA defines the terms “admitted” and “admission” as the lawful entry of a noncitizen following inspection and authorization by an immigration officer. However, the Board has held that adjustment of status from within the United States also constitutes an “admission.” The issue has arisen in cases involving the attempted removal of noncitizens for the commission of certain crimes within five years after “the date of admission,” and in cases involving waivers of admissibility under Section 212(h) of the INA, which in some circumstances are unavailable to noncitizens who have previously been “admitted to the United States as an alien lawfully admitted for permanent residence.”

CASES

Board of Immigration Appeals

Matter of Alyazji, (BIA amicus brief submitted Jan. 21, 2010).  In a precedent decision, Matter of Alyazji, 25 I&N Dec. 397 (BIA 2011), the Board partially overruled Matter of Shanu, 23 I&N Dec. 754 (BIA 2005), and held that, consistent with the LAC’s position, the “date of admission” in INA § 237(a)(2)(A)(i) applies to the date of the admission by virtue of which an individual was present in the U.S. at the time the crime was committed.   

Third Circuit

Hanif v. Attorney General, No. 11-2643 (3d Cir. amicus brief submitted Sept. 19, 2011). The LAC is urging the court to find that the phrase “admitted to the United States as an alien lawfully admitted for permanent residence” in INA § 212(h) refers only noncitizens who were admitted in LPR status at a port of entry, as distinct from those who adjusted to LPR status post-entry.

Fourth Circuit

Mendoza Leiba v. Holder, No. 11-1845 (4th Cir. amicus brief submitted Dec. 7, 2011). The LAC is urging the court to find that the phrase “admitted to the United States as an alien lawfully admitted for permanent residence” in INA § 212(h) refers only noncitizens who were admitted in LPR status at a port of entry, as distinct from those who adjusted to LPR status post-entry.