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Board of Immigration Appeals Rules repeat Immigration Violators are Inadmissible and Cannot Adjust Status
- December 03, 2007

Section 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(C)(i)(I) (2000), covers repeat immigration violators, so to be inadmissible under that section, an alien must depart the United States after accruing an aggregate period of “unlawful presence” of more than 1 year and thereafter reenter, or attempt to reenter, the United States without being admitted.

Adjustment of status under section 245(i) of the Act, 8 U.S.C. § 1255(i) (2000), is not available to an alien who is inadmissible under section 212(a)(9)(C)(i)(I) of the Act.

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