Friday, October 31, 2014

Virginia Lawyers Immigration Board Of Appeals Inspection

If you are facing immigration case in Virginia, contact our law firm for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Jeremy v. United States

Facts:

Petitioner alien was held to be ineligible under 8 C.F.R. § 245.1(c)(8) to apply for adjustment of status to lawful permanent resident pursuant to 8 U.S.C.S. § 1255(a) because he had been placed in removal proceedings. The Board of Immigration Appeals (BIA) concurred with an immigration judge (IJ) that the alien was ineligible for adjustment of status because he was an arriving alien. The alien timely appealed the BIA's decision.

If you are facing a Immigration case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • "Admission" and "admitted" include only the lawful entry of an alien into the United States after inspection and authorization by an immigration officer. 8 U.S.C.S. § 1101(a)(13)(A). The main impact of this change for the former law is to re-characterize aliens who are present in the United States, but who have not been inspected and admitted. They are now considered "applicants for admission" along with other arriving aliens. The statute requires that all aliens who are seeking admission or readmission to the United States be inspected by immigration officers, prior to a determination of their status. 8 U.S.C.S. § 1225(a)(3).
  • "Admitted aliens" means individuals who have presented themselves for inspection by an immigration officer and who have been allowed to enter the country. 8 U.S.C.S. § 1101(a)(13)(A). "Paroled aliens" are otherwise inadmissible aliens who are given permission by the Attorney General to enter temporarily. 8 U.S.C.S. § 1182(d)(5)(A).

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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