Immigration Law: Citizenship, Adjustment of Status, and Admissibility

A case under consideration (implied context) is about citizenship, rather than traditional immigration issues like entry, exclusion, or deportation.
This distinction is supported by the dissent in Biolo, which also characterizes the case as being fundamentally about citizenship.
Congress has established preference categories within immigration law.
The discussion notes the relevance of disabilities in these categories, allowing immediate relatives to petition for their children.

Last Entry to US: February 2001. Prior entries included one in 1993, after which the individual departed using a valid border crossing card.
Method of Entry: The individual was "waived in," which is a crucial detail for the legal analysis.
Marriage: Married a U.S. citizen in January 2006.
Proceedings: Received a "Notice to Appear" in February 2005, significantly before her marriage in 2006.
Outcome: An immigration judge ordered her removed and found her ineligible to apply for Adjustment of Status (AOS).

The core of the legal challenge in Matter of Killington revolved around the interpretation of "inspected and admitted" for eligibility for Adjustment of Status (AOS).
The immigration judge determined that while she was "arguably inspected" (due to being "waived in"), she was not admitted under the statutory definition of Section 101 of the Immigration and Nationality Act (INA).
The crucial point was not whether she was inspected, but the legal meaning of "admission" under the statute.
The statute relevant to this, referred to as INA \, 245(c), has evolved significantly since its inception in 1952.

If an individual marries a U.S. citizen, the U.S. citizen spouse files a petition on their behalf.
Unlawful Presence: A significant factor is the duration of undocumented presence in the U.S.:
- If an individual has been unlawfully present for a period of more than 180 days but less than 1 year and then voluntarily departs (potentially under sections like 244(e), 235(b), or 240 of the INA), they may be subject to bars that prevent re-entry for a certain period.
- If unlawful presence exceeds 1 year, the individual typically requires an I-601A waiver for unlawful presence.
Consular Processing: If an I-601A waiver is required, the individual usually has to leave the U.S. and undergo consular processing in their home country.

An individual would generally be ineligible to adjust status if they fall under a preference category (e.g., being petitioned by a sibling) rather than being an immediate relative (e.g., spouse of a U.S. citizen).
The ability to "waive almost every section" suggests that while specific waivers (like the I-601A) exist, the requirements for adjustment of status and admission remain stringent.

The idea that an "anchor baby" (a child born in the U.S. to undocumented parents) automatically resolves the parents' immigration status is a myth and is not supported by current immigration law.