S

Citations

• 19 I. & N. Dec. 851

Syllabus

S-, 19 I&N Dec. 851 (Comm. 1988) ID 3094 (PDF) (1) An immigrant alien who entered the United States prior to January 1, 1982, is eligible for temporary resident status under section 245A of the Immigration and Nationality Act, 8 U.S.C. §1255a (Supp. IV 1986), if he can establish that he has been residing in the United States in anunlawful status since such date and is otherwise eligible under the statute. (2) An immigrant alien who has been found deportable by an immigration judge on the grounds that his initial entry prior to January 1, 1982, was obtained by fraud, and who has been residing in the United States since such date, is an alien who has been residing in the United States in an unlawful status within the purview of section 245A(a)(2)(A) of the Act. (3) An immigrant alien who entered the United States by fraud prior to January 1, 1982, must file an application for waiver of grounds of excludability in order to be eligible for temporary resident status under section 245A of the Act.