Quote:
Originally Posted by katychavez
Hello folks-
I wanted to chime in with a few clarifications:
First, Entering Without Inspection is NOT a ground of inadmissibility. While it is true that a person that EWId cannot adjust status that is not because they are inadmissible, but rather they do not qualify for the exception to the basic rule of having to go abroad to apply for a visa. Let me givee you an example. Lets say a person Enters Without Inspection, then leaves three months later, they would have no problem getting an immigrant visa (unless they have some other ground of inadmissibility).
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Present Without Admission or Parole [INA § 212(a)(6)(A)(i)]: Individuals present in the U.S. without being admitted or paroled are inadmissible. This ground of inadmissibility will be applied to anyone found within the U.S. who has entered the U.S. without inspection ("EWI").
While it is true that EWI inadmissibility does not apply in case when someone leaves US, however for those currently in US (and note that leaving on AP does not constitute departure) it might definitely be a problem. Especially that one would apply for AP while still in US, meaning still inadmissible under INA § 212(a)(6)(A)(i).