How is admission defined as in "at any time after admission" for a permanent resident?

On a green card there is "resident since" date.


If this is how it is interpreted, then it make a huge differences for those who did something removable but still not inadmissible before they got the GC as long as they disclose it in AOS applications.
 
The date of "admission as a permanent resident" is the date the adjustment of status was approved (if you used I-485) or the date you first entered the US with an immigrant visa (if you used consular processing).
 
The date of "admission as a permanent resident" is the date the adjustment of status was approved (if you used I-485) or the date you first entered the US with an immigrant visa (if you used consular processing).

The key issue is for the purpose of INA 237 (2) (a) (C), how the USCIS interpret "after admission". Is it after you physically came to USA on nonimmigrant visa, or the after you became a PR. Some offenses are deportable defined by INA 237 (2) (a) (C) but not inadmissible defined by INA 212(a) .

If there is no difference, then for some granting a GC is like give somebody a GC just for the purpose of revoking it. If there is a difference, then it is a big
relief for those PRs who are clean after getting GC but had some issue before GC (this of ourse assuming these issues are only deportable but not inadmissible
and were disclosed during I-485 process)


-----Examples of some INA 237 (2) (a) -----

(ii) Multiple criminal convictions.-Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.



(iii) Aggravated felony.-Any alien who is convicted of an aggravated felony at any time after admission is deportable.
 
Last edited by a moderator:
"Admission" in INA 237 means entry to the US, unless specified otherwise.
See 8 USC 1101 (a)(13)

(A) The terms “admission” and “admitted” mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.
(B) An alien who is paroled under section 1182 (d)(5) of this title or permitted to land temporarily as an alien crewman shall not be considered to have been admitted.
(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien—
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a continuous period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the United States,
(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings,
(v) has committed an offense identified in section 1182 (a)(2) of this title, unless since such offense the alien has been granted relief under section 1182 (h) or 1229b (a) of this title, or
(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.
 
"Admission" in INA 237 means entry to the US, unless specified otherwise.

One could haved entered USA many times. As long as it is on nonimmigration visa, each time is considered an admission. So don't know it is the latest or the earliest one that counts

I heard for certain purpose in INA 237, some section in INA 242 defined admission as the day one became PR even he physsically entered US earlier than that. I skimed thru 242 but I admit they are way beyond my ability
to comprehend.
 
It is BIA's opinion in matter of rainford.

It make sense. Otherwise it does not make any sense to even win
in a deportation proceedings because otherwise once deportable,
then always deportable.
 
The key issue is for the purpose of INA 237 (2) (a) (C), how the USCIS interpret "after admission". Is it after you physically came to USA on nonimmigrant visa, or the after you became a PR. Some offenses are deportable defined by INA 237 (2) (a) (C) but not inadmissible defined by INA 212(a) .
Well, I was referring to "admission as a permanent resident", which cannot include time when when one was in a nonimmigrant status.

"Admission" by itself can mean entry in any kind of status, and one would have to look for other nearby wording and context to see if it is referring to any specific status. For example, the related wording in this quoted section narrows down the types of admission they are referring to in that specific section (bolding is mine). In other sections, "admission" may mean something broader or narrower, depending on the context.

(i) the alien obtains any admission into the United States with an immigrant visa or other documentation procured on the basis of a marriage entered into less than 2 years prior to such entry of the alien and which, within 2 years subsequent to any admission of the alien in the United States, shall be judicially annulled or terminated, unless the alien establishes to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the imm igration laws, or
 
Last edited by a moderator:
Well, I was referring to "admission as a permanent resident", which cannot include time when when one was in a nonimmigrant status.

If a PR stays outside the USA for more than 6 months, he is also considered
to seek admission when he return the USA. But I doubt he can define his admission date as the date of return after,say, 7 month.
 
Top