LEGAL GUIDE
Written by attorney Thomas Esparza Jr. | Aug 9, 2010

Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010) [Areguillin reaffirmed] presented by Thomas Esparza

http://www.justice.gov/eoir/vll/intdec/vol25/3688.pdf

For purposes of establishing eligibility for adjustment of status under section 245(a) of the

Immigration and Nationality Act, 8 U.S.C. § 1255(a) (2006), an alien seeking to show that

he or she has been “admitted" to the United States pursuant to section 101(a)(13)(A) of the

Act, 8 U.S.C. § 1101(a)(13)(A) (2006), need only prove procedural regularity in his or her

entry, which does not require the alien to be questioned by immigration authorities or be

admitted in a particular status. Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980),

reaffirmed.

Additional resources provided by the author

This case stands for the proposition that it is how you entered not what you said when you did it that counts for eligibility for among other things adjustment of status. Of course, the procedure might have been correct but one might have committed a fraud to do so. therefore, they would need a waiver

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