Matter of Graciela Quilantan (PUB)
**AOS/245(a), entry/procedural regularity**
For purposes of establishing eligibility for adjustment of status under INA section 245(a), a respondent seeking to show that she has been “admitted” to the United States pursuant to INA section 101(a)(13)(A) need only prove procedural regularity in her entry, which does not require her to be questioned by immigration authorities or be admitted in a particular status. Here, the Respondent physically presented herself for questioning, which constitutes an inspection, even though she volunteered no information and was not actually questioned by the immigration authorities. The 1960 amendment to INA section 245(a) replaced the requirement that the respondent be admitted as a bona fide nonimmigrant, i.e., that the respondent’s admission be substantively lawful, with a requirement that the respondent simply be inspected and admitted, i.e., that his or her admission be procedurally regular. Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980) (interpreting the term “admitted” to denote only procedural regularity, not compliance with substantive legal requirements) presented a factual scenario nearly identical to the one in this case. This interpretation remains valid–INA section 101(a)(13)(A), as enacted by the IIRIRA, does not abrogate the holding in Matter of Areguillin. A contrary interpretation would attribute to Congress an intent to reinstate an additional requirement of substantive legal compliance for adjustment of status under section 245(a), despite the absence of any evidence of such congressional intent. In addition, the waiver of inadmissibility under section 212(h) would potentially become available to those who had procured lawful permanent residence by fraud and misrepresentation.
Concurring, Lauri Steven Filppu:This construction of the terms “admission” and “admitted” to demand only a procedurally lawful entry gives limited meaning to the word “lawful,” but it is the interpretation most in keeping with the overall structure and sound operation of the statute as a whole.
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