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Are you a returning Resident – but have a crime?

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
  1. BIA Finds Returning LPR Cannot Be Charged with Inadmissibility Under INA §212(a)
    In a precedent decision, the Board of Immigration Appeals (BIA) held that a lawful permanent resident (LPR) returning to the United States cannot be regarded as seeking admission and may not be charged with inadmissibility under INA §212(a) if he does not fall within any of the exceptions in INA §101(a)(13)(C).

https://cbocalbos.wordpress.com/tag/returning-resident/

https://cbocalbos.wordpress.com/tag/lawful-permanent-resident/

https://cbocalbos.wordpress.com/tag/lawful-resident/

https://californiaimmigration.us/family-petitions-to-immigrate-family-members/reentry-permit-is-available-for-lawful-permanent-residents/

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Getting into the U.S. is not an ‘admission’ if under family unity.

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

In a precedent decision, the BIA reaffirmed Matter of Reza, holding that the respondent did not meet the statutory seven-year residency requirement, because acceptance into the Family Unity Program (FUP) does not constitute an admission into the United States under INA §101(a)(13)(A). Likewise, the Ninth Circuit denied a petition for review, deferring to the BIA’s decision in Matter of Reza that a grant of FUP benefits is not an admission to the U.S. for cancellation of removal purposes.

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If you are waved through, are you admitted to the U.S.?

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Fifth Circuit granted the petition for review, holding that a wave-through at a port of entry is an “admission in any status” under 8 USC §1229b(a)(2), and that the petitioner, a lawful permanent resident, was thus eligible for cancellation of removal.

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