N

Citations

• 19 I. & N. Dec. 760

Syllabus

N-, 19 I&N Dec. 760 (Comm. 1988) ID 3080 (PDF) (1) A student who acquired reinstatement by fraud, by not revealing his unauthorized employment, did not obtain lawful status. (2) Such student's situation is analogous to that of an alien in the United States illegally who departed and was subsequently admitted to the United States as a nonimmigrant. The Service has held that such alien, if he can demonstrate he reentered to resume his unlawful residence, may qualify for legalization benefits. (3) Acquisition of reinstatement by fraud renders an alien excludable pursuant to section 212(a)(19) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(19) (1982). A waiver of excludability is provided by 245A(d)(2)(B)(i) of the Act, 8 U.S.C. § 1255a(d)(2)(B)(i) (Supp. IV 1986), to assure family unity.