We had some times earlier discussed on the fifth circuit court'
s definition on Admission
(see http://lexpeakimmig.blogspot.com/2008/06/fifth-circuit-on-admitted.html).
s definition on Admission (see http://lexpeakimmig.blogspot.com/2008/06/fifth-circuit-on-admitted.html).
Now, U.S. Department
of Justice
, Board of Immigration Appeals 
(BIA) handed down a
rule that for the purposes of establishing eligibility for I-485,
the law does not require the alien to be questioned by immigration
authorities or be admitted in a particular status.
, Board of Immigration Appeals (BIA) handed down a
rule that for the purposes of establishing eligibility for I-485,
the law does not require the alien to be questioned by immigration
authorities or be admitted in a particular status.  |
| Image Courtesy: www.barnard.edu |
While deciding the matter on Matter of Quilantan, wherein, a citizen of Mexico 
who entered the United States without a valid
document as a passenger in a car being driven by her United States
citizen friend. Her testimony, stated that the immigration inspector
asked her friend (driver) whether he was an American citizen
but did not ask her anything. The officer then waved the car
through the port of entry. She five years later married a United
States citizen and filed I-485 before immigration judge who denied
the relief based on the decision that she was not "admitted"
to the U.S. The BIA disagreed and overturned the decision and
remand the case to the immigration judge.
who entered the United States without a valid
document as a passenger in a car being driven by her United States
citizen friend. Her testimony, stated that the immigration inspector
asked her friend (driver) whether he was an American citizen
but did not ask her anything. The officer then waved the car
through the port of entry. She five years later married a United
States citizen and filed I-485 before immigration judge who denied
the relief based on the decision that she was not "admitted"
to the U.S. The BIA disagreed and overturned the decision and
remand the case to the immigration judge.
You can see this decision your selves at http://www.justice.gov/eoir/vll/intdec/vol25/3688.pdf
No comments:
Post a Comment