Unpub. BIA victory: T1D entrant can adjust under 245(a) with 212(h) waiver

Unpub. BIA victory: T1D entrant can adjust under 245(a) with 212(h) waiver

"The record reflects that the respondent was admitted into the United States as a T1 D entrant, pertaining to legalization applicants denied temporary resident status (Respondent's Brief, Tab 5). Inasmuch as admission under that provision is a lawful admission, the respondent is not precluded from adjusting his status under section 245(a) of the Act, as an entrant into the United States having not been admitted. In addition, the record does not reflect that the respondent is or was a lawful permanent resident. Consequently, he appears to be eligible for a section 212(h) waiver of inadmissibility. The record will be remanded to provide the respondent an opportunity for a hearing on his application for adjustment of status." - Matter of X-, Dec. 2, 2011, unpub.  Hats off to Kevin Dixler!