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BIA Rules on Requirements to Adjust Status Under the Legalization Provisions of INA §245A


In a precedent decision issued today, the BIA held that a noncitizen seeking to acquire lawful permanent resident status through the legalization provisions of INA §245A must establish admissibility at the time of adjustment of status under §245A(b)(1). The BIA also held that a noncitizen who was inadmissible at the time of adjustment of status from temporary resident to permanent resident under INA §245A(b)(1) was not lawfully admitted for permanent residence, and is therefore ineligible for a waiver of inadmissibility under former INA §212(c).

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