CONNELLY

Citations

• 19 I. & N. Dec. 156

Syllabus

CONNELLY, 19 I&N Dec. 156 (BIA 1984) ID 2976 (PDF) (1) Section 241(f) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1251(f)(1982), only waives excludability grounds that existed at the time of an alien's entry into the United States. (2) An alien who becomes admissible to the United States for permanent residence by virtue of his adjustment of status under section 245 of the Act, 8 U.S.C. Sec. 1255 (1982), does not make an entry into the United States. (3) The respondent's fraudulent act took place after he had entered the United States when he sought adjustment of status under section 245 of the Act therefore, he was not excludable on the basis of this fraud at the time of an entry. (4) The provisions of Section 241(f) of the Act do not apply to frauds committed by the respondent when he was in the process of adjusting his status to that of a lawful permanent resident under section 245 of the Act.