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BIA Finds LPR Who Adjusts Status in U.S. Is Not Barred from §212(h) Waiver

In a precedent decision issued today, the BIA held that a respondent who adjusted status inside the U.S., and who did not enter as an LPR, is not barred from establishing eligibility for a waiver of inadmissibility under INA §212(h). In so doing, the BIA withdrew from its previous decisions on the topic, aligning its holding with that of nine circuit courts who have held that the plain language of §212(h) precludes immigrants from establishing eligibility for relief only if they lawfully entered the U.S. as permanent residents and thereafter committed a removable offense for which a waiver is required.

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