In a decision made on March 19, 2012, by the Board of Immigration appeals (Matter of Miguel Lemus-Losa, Respondent), the Board of Immigration Appeals stated that:

                Adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), is unavailable to an alien who is inadmissible under section 212(a)(9)(B)(i)(II) of the Act, 8 U.S.C. § 1182(a)(9)(B)(i)(II) (2006), absent a waiver.  Matter of Lemus, 24 I&N Dec. 373 (BIA 2007), clarified.

 

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