Fifth Circuit on ~ADMITTED~

1. 
   
   The terms ‘admission’ and ‘admitted’ mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer”. 8 U.S.C. § 1101(a)(13)(A). Under this statutory definition, “admission” is the lawful entry of an alien after inspection, something quite different, obviously, from post-entry adjustment of status, as done by Martinez.
   

2. INA §§ 245 and 245A (governing adjustment to LPR status) support the proposition that, when an alien is granted LPR status, he is deemed “admitted” for purposes of § 212(h).

3. That term, “lawfully admitted for permanent residence”, is an entirely separate term of art defined at § 101(a)(20), which does in fact encompass both admission to the United States as a LPR and post-entry adjustment to LPR status. Section 212(h), however, expressly incorporates that term of art (“lawfully admitted for permanent residence”), as defined by §101(a)(20), separate and apart from its use of “admitted”, as defined by §101(a)(13). To illustrate, § 212(h) only denies waivers of eligibility to those aliens who have “previously been admitted [§ 101(a)(13)] to the United States as an alien lawfully admitted for permanent residence [§ 101(a)(20)]”

Accordingly, the judges held that: for aliens who adjust post-entry to LPR status, §212(h)’s plain language demonstrates unambiguously Congress’ intent not to bar them from seeking a waiver of inadmissibility.

http://192.168.35.24/mwiki/media/index.php/Admitted