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Liz Salander
Liz Salander
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An individual received DACA several years after turning 18, so so they have accrued unlawful presence and are considered inadmissible. Hence they cannot pursue any form of adjustment of status.

However, they were subsequently granted TPS as a Ukrainian due to the ongoing war.

With TPS they applied for business-related Advance Parole, and returned to the USA. The I512T was stamped as 'admitted' upon return.

They then successfully gogot approved for I140 based on NIW. Now only the I485 remains to get a green card.

But the question is if they would need an 'inadmissibility waiver', [i.e., I601] to eliminate their accrued unlawful presence.

According to some lawyers, the fact that the individual was 'admitted' via the TPS-based advanced parole (I512T Stamped as 'admitted') means that they are now eligible to adjust status since the NIW waiver is approved.

But is this truly the case? Did getting 'inspected and admitted' cure the individual's prior unlawful status, meaning that it is no longer a barrier to adjustment of status? That is, does the grounds for inadmissibility provision [INA § 212(a)(9)(B)(i)(II)] still prevent this person from adjusting status.

This might just be confusing because of how words are being used. Simply put: does being 'inspected and admitted' cure you from all grounds of 'inadmissibility'? It might seem silly to ask. Obviously if the person is admitted, how can they be inadmissible, right?

An individual received DACA several years after turning 18, so so they have accrued unlawful presence and are considered inadmissible. Hence they cannot pursue any form of adjustment of status.

However, they were subsequently granted TPS as a Ukrainian due to the ongoing war.

With TPS they applied for business-related Advance Parole, and returned to the USA. The I512T was stamped as 'admitted' upon return.

They then successfully go approved for I140 based on NIW. Now only the I485 remains to get a green card.

But the question is if they would need an 'inadmissibility waiver', [i.e., I601] to eliminate their accrued unlawful presence.

According to some lawyers, the fact that the individual was 'admitted' via the TPS-based advanced parole (I512T Stamped as 'admitted') means that they are now eligible to adjust status since the NIW waiver is approved.

But is this truly the case? Did getting 'inspected and admitted' cure the individual's prior unlawful status, meaning that it is no longer a barrier to adjustment of status? That is, does the grounds for inadmissibility provision [INA § 212(a)(9)(B)(i)(II)] still prevent this person from adjusting status.

This might just be confusing because of how words are being used. Simply put: does being 'inspected and admitted' cure you from all grounds of 'inadmissibility'? It might seem silly to ask. Obviously if the person is admitted, how can they be inadmissible, right?

An individual received DACA several years after turning 18, so so they have accrued unlawful presence and are considered inadmissible. Hence they cannot pursue any form of adjustment of status.

However, they were subsequently granted TPS as a Ukrainian due to the ongoing war.

With TPS they applied for business-related Advance Parole, and returned to the USA. The I512T was stamped as 'admitted' upon return.

They then successfully got approved for I140 based on NIW. Now only the I485 remains to get a green card.

But the question is if they would need an 'inadmissibility waiver', [i.e., I601] to eliminate their accrued unlawful presence.

According to some lawyers, the fact that the individual was 'admitted' via the TPS-based advanced parole (I512T Stamped as 'admitted') means that they are now eligible to adjust status since the NIW waiver is approved.

But is this truly the case? Did getting 'inspected and admitted' cure the individual's prior unlawful status, meaning that it is no longer a barrier to adjustment of status? That is, does the grounds for inadmissibility provision [INA § 212(a)(9)(B)(i)(II)] still prevent this person from adjusting status.

This might just be confusing because of how words are being used. Simply put: does being 'inspected and admitted' cure you from all grounds of 'inadmissibility'? It might seem silly to ask. Obviously if the person is admitted, how can they be inadmissible, right?

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Liz Salander
Liz Salander
  • 111
  • 3

Does entry into USA with I512T cure prior unlawful presence

An individual received DACA several years after turning 18, so so they have accrued unlawful presence and are considered inadmissible. Hence they cannot pursue any form of adjustment of status.

However, they were subsequently granted TPS as a Ukrainian due to the ongoing war.

With TPS they applied for business-related Advance Parole, and returned to the USA. The I512T was stamped as 'admitted' upon return.

They then successfully go approved for I140 based on NIW. Now only the I485 remains to get a green card.

But the question is if they would need an 'inadmissibility waiver', [i.e., I601] to eliminate their accrued unlawful presence.

According to some lawyers, the fact that the individual was 'admitted' via the TPS-based advanced parole (I512T Stamped as 'admitted') means that they are now eligible to adjust status since the NIW waiver is approved.

But is this truly the case? Did getting 'inspected and admitted' cure the individual's prior unlawful status, meaning that it is no longer a barrier to adjustment of status? That is, does the grounds for inadmissibility provision [INA § 212(a)(9)(B)(i)(II)] still prevent this person from adjusting status.

This might just be confusing because of how words are being used. Simply put: does being 'inspected and admitted' cure you from all grounds of 'inadmissibility'? It might seem silly to ask. Obviously if the person is admitted, how can they be inadmissible, right?