#AdjustmentOfStatus #WaiveThroughs #DACA
Many immigrants in the United States think they entered “illegally” because they came in without a visa. However, in a case called Matter of Areguillin, the Board of Immigration Appeals ruled that a person who enters after being allowed to pass through an immigration checkpoint – even if they don’t have a visa – actually entered lawfully, or “with inspection.”
These types of entries are known as “waive-through” entries, and they occur most often for individuals who enter as children, for example, in the back of a car, or even adults who enter as passengers on a bus. So long as the individual does not lie to immigration agents or falsely state that they are a U.S. citizen, and the agent just lets them pass through the checkpoint, these waive-throughs are legal entries, and can sometimes lead to an adjustment of status, or residency within the United States.
In this video, immigration attorneys Jennifer Walker Gates and Jacqueline Watson explain how these cases work, what kinds of evidence is required to win them, and the challenges and benefits of filing for adjustment of status as under Matter of Areguillin.
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