P

Citations

• 19 I. & N. Dec. 823

Syllabus

P-, 19 I&N Dec. 823 (Comm. 1988) ID 3090 (PDF) (1) An Application for a Waiver of Grounds of Excludability (Form I-690) pursuant to 8 C.F.R. §245a.2(k) (1988) should be adjudicated separately from an Application for Status as a Temporary Resident (Form I-687) under section 245A of the Immigration and Nationality Act, 8 U.S.C. § 1255a (Supp. IV 1986). (2) A nonimmigrant alien whose unlawful status is known to the United States Government as of January 1, 1982, is eligible for temporary resident status under section 245A of the Act if otherwise qualified. (3) A nonimmigrant alien who obtained a social security card, worked without authorization from the Immigration and Naturalization Service, and filed federal income tax returns prior to January 1, 1982, is an alien whose unlawful status as of January 1, 1982, is an alien whose unlawful status as of January 1, 1982, was known to the United States Government for purpose of eligibility under section 245A(a)(2) of the Act. (4) A nonimmigrant alien who reentered the United States as a nonimmigrant visitor for pleasure subsequent to January 1, 1982, but with an intention to resume an unrelinquished unlawful residence, is an alien who has been continuously residing in the United States in an unlawful status for purpose of eligibility under section 245A(a)(2)(A) of the Act and 8 C.F.R. § 245a.2(b)(9) (1988). (5) A nonimmigrant alien who reentered the United States subsequent to January 1, 1982, with an intention to resume an unrelinquished unlawful residence and who is an applicant for temporary resident status under section 245A of the Act is excludable pursuant to section 212(a)(19) of the Act, 8 U.S.C. § 1182(a)(19) (Supp. IV 1986), and 8 C.F.R. § 245a.2(b)(10) (1988). (6) An alien who applies for temporary resident status under section 245A of the Act, but who is excludable on grounds which may be waived, must establish that the waiver should be granted for family unity, humanitarian reasons, or when it is otherwise in t