Unpub. BIA 237(a)(1)(H) Waiver Victory: Matter of Damouni

"The issue in this case is whether a section 237(a)(1)(H) waiver is available to aliens who adjust their status within the United States.  Here, the respondent seeks to waive the fraud she committed at the time ofher adjustment of status to that of a lawful permanent resident, fraud that occurred after her initial entry into the United States as a nonimmigrant.  In this decision we will examine the scope of the 237(a)(1 )(H) fraud waiver in light of the 1996 amendments to the Act in determining whether the phrase "at the time of admission" as used at section 237(a)(1)(H) of the Act includes fraud or misrepresentation at the time of an alien's adjustment of status.  We conclude that an alien's adjustment of status within the United States can constitute an admission for purposes of a waiver under section 237(a)(1 )(H) of the Act.  Therefore, an alien may be granted this waiver for fraud or misrepresentation committed at the time of her adjustment of status." - Matter of Damouni, A029-235-328 - Seattle, Jan. 10, 2013, unpub.  Panel: Pauley, Cole, Greer; decision by Cole; Pauley, dissenting.  [Hats way off to Lisa Seifert!]