Changes in Immigration Law
Admission is an important concept in the world of immigration law. The basic body of immigration law in the United States is the Immigration and Nationality Act (INA) of 1952. Before the creation of the INA, unorganized statutes governed immigration law. Consequently, the INA codified and reorganized the structure of immigration law.
Congress has amended the INA many times over the years. One important change includes the definition of admission and the effect the new definition has on immigration proceedings. The current law defines admission as the “lawful entry of the alien into the United States after inspection and authorization by an immigration officer.” 8 U.S.C.A. § 1101 (a)(13)(A)(2013).
Although the definition seems simple on its face, the question remained whether there could be more than one type of admission to the United States.
In the precedent case In re Shanu, the Board of Immigration Appeals recognized that there was, in fact, more than one type of admission. In re Shanu, 23 I. & N. Dec. 754, 756 (B.I.A. 2005). In In re Shanu, the defendant was a native and citizen of Nigeria who gained permanent residency in the U.S. After gaining permanent residency, the court convicted the defendant of fraud crimes punishable up to one year. In the United States, any alien convicted of a crime involving moral turpitude committed 5 years after the date of admission; and is convicted and sentenced for one year or longer is deportable. The main issue in In re Shanu was the timing of the defendant’s date of admission to the United States. In short, if the fraud crimes committed by the defendant occurred after the five year period, the federal government could not issue deportation proceedings.
What does this mean to you?
The case above turned in part on the definition of a seemingly simple definition of the word admission. Immigration is a complex but manageable area of law for experienced attorneys. If you have any questions regarding your status please contact us. We look forward to working with you.