The Definition of “Admission” and “Seeking Admission” in Immigration Law Section 101(a)(13)(A) of the Immigration and Nationality Act [codified as 8 U.S.C. 1101(a)(13)(A)] [PDF version] defines “admission” and “admitted” to mean: “with respect to an alien, the lawful entry of the alien into the United States after inspection or authorization by an immigration officer.” 101(a)(13)(B) specifically excludes aliens who have been paroled into the United States or alien crewmen who have been permitted to temporarily land in the United States. 101(a)(13)(C) states that an alien admitted for lawful permanent residence (LPR) status shall not be regarded as seeking admission into the United States unless he or she: i. has abandoned or relinquished that status, ii. has been absent from the United States for a continuous period in excess of 180 days, iii. has engaged in illegal activity after having departed the United States, iv. has departed from the United States while in the midst of removal [see article] or extradition proceedings, v. has committed an offense that renders him or her inadmissible under criminal and related grounds [see article] as defined in section 212(a)(2), unless he or she has been granted relief [see section] under section 212(h) or section 240A(a), or vi. is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection or authorization by an immigration officer. When is the Entry of an Inadmissible Alien an Admission? The Board of Immigration Appeals (BIA) and federal courts have had to address whether a person who is inspected and authorized to enter, but was in fact inadmissible at the time of entry, should be considered “admitted.” This distinction has a significant effect on adjustment of status eligibility as well as eligibility for other immigration benefits and relief. The primary question is whether “admission” relies upon procedural regularity alone (that is, nothing more than “inspection and authorization”) or whether it relies upon the underlying legality of the entry. Under the first reading- which both the BIA and multiple circuit courts have accepted — the underlying legality of the entry is not (with a limited exception [see section]) relevant to admission. If “admission” did rely upon the entry being legal, “inspection and authorization” would be necessary, but not sufficient, for admission. Special Case: Entry Under False Claim of U.S. Citizenship In 2013, the BIA limited Matter of Quilantan [PDF version] with its decision in Matter of Pinzon [PDF version].6 In Matter of Pinzon, the BIA held that an alien who enters the United States by falsely claiming U.S. citizenship is not considered to have been inspected by an immigration officer, and thus cannot be considered to have been admitted under section 101(a)(13)(A). The BIA noted in Matter of Pinzon that because an immigration officer is not empowered to inspect a U.S. citizen, a person who enters under the false claim of U.S. citizenship “effectively eludes the procedural regularity of admission.” This decision was consistent with the 1975 Supreme Court decision in Reid v. INS [PDF version], which held that entry under a false claim of citizenship constitutes EWI. Distinguishing the Precedents with Regard to Reinstatement of Removal The statute regarding reinstatement of removal [see article] presents an interesting question with regard to procedurally legal entries that are otherwise illegal. In order for a prior removal order to be reinstated, an alien must commit an “illegal reentry.” In a 2011 case argued before the Tenth Circuit, Cordova-Soto v. Holder [PDF version], a woman who would have otherwise been subject to reinstatement of removal argued that based upon Matter of Quilantan [PDF version], she had not reentered the United States illegally because her admission had been procedurally regular. However, the Eleventh Circuit was unpersuaded, and limited the BIA’s holding in Matter of Quilantan. It held that a procedurally regular entry that is otherwise illegal is an “illegal reentry” for purpose of reinstatement of removal. The Eleventh Circuit held that the issue with regard to reinstatement of removal is not whether the alien was “admitted,” but whether the entry was legal. In a similar vein, the Ninth Circuit cited favorably Cordova-Soto v. Holder [PDF version] and distinguished its holding in Hing Sum v. Holder [PDF version] with regard to reinstatement of removal in its 2013 decision, Tamayo-Tamayo v. Holder [PDF version]. Fifth Circuit also adopted this position in 2014 in an unpublished decision, Avalos Martinez v. Johnson [PDF version].

When a person arrives at a port of entry seeking entry to the United States they will either be admitted or paroled into the country (if they are permitted to enter). A person who is being permitted to enter on a temporary basis or under special conditions because they lack a proper visa or immigration status to enter will typically be “paroled.” A legal permanent resident or a noncitizen arriving with a valid visa are “admitted” to country. Often times the admission is marked in the person’s passport, though that is becoming less common. The class of admission can be seen on an I-94 as a code as well in some internal agency documents you may find in the responsive record of a FOIA request. Legal Permanent Resident cards “green cards” will display the class of admission code which indicates the manner in which their residency was obtained. The classes of admission and the corresponding codes are listed below broken down into several different categories of types of admission. Immigrant Classes of Admission A lawful permanent resident (LPR) or “green card” recipient may live and work anywhere in the United States and may apply to become U.S. citizens if they meet certain eligibility and admissibility requirements. The Immigration and Nationality Act (INA) provides several broad classes of admission for foreign nationals to gain LPR status, the largest of which focuses on admitting immigrants for the purpose of family reunification. Other major categories include economic and humanitarian immigrants, as well as immigrants from countries with relatively low levels of immigration to the United States. IMMEDIATE RELATIVE PETITIONS The largest category of new LPRs consists of immediate relatives of U.S. citizens (spouses, children, and parents of U.S. citizens age 21 and older). Immediate relatives of U.S. citizens are not subject to numerical limits and typically account for more than 40 percent of new LPRs annually. IR1 Spouses, new arrivals IR6 Spouses, adjustments CR1 Spouses, new arrivals, conditional CR6 Spouses, adjustments, conditional IB1 Spouses, new arrivals, self petitioning IB6 Spouses, adjustments, self petitioning IW1 Spouses, widows or widowers, new arrivals IW6 Spouses, widows or widowers, adjustments CF1 Spouses, entered as fiance(e), adjustments, conditional IF1 Spouses, entered as fiance(e), adjustments IR2 Children, new arrivals IR7 Children, adjustments CR2 Children, new arrivals, conditional CR7 Children, adjustments, conditional AR1 Children, Amerasian, new arrivals AR6 Children, Amerasian, adjustments IB2 Children, new arrivals, self petitioning IB7 Children, adjustments, self petitioning IB3 Children of IB1 or IB6, new arrivals IB8 Children of IB1 or IB6, adjustments IW2 Children of IW1 or IW6, new arrivals IW7 Children of IW1 or IW6, adjustments CF2 Children of CF1, adjustments, conditional IF2 Children of IF1, adjustments IH3 Children adopted abroad under the Hague Convention, new arrivals IH8 Children adopted abroad under the Hague Convention, adjustments IH4 Children to be adopted under the Hague Convention, new arrivals IH9 Children to be adopted under the Hague Convention, adjustments IR3 Orphans adopted abroad, new arrivals IR8 Orphans adopted abroad, adjustments IR4 Orphans to be adopted, new arrivals IR9 Orphans to be adopted, adjustments IR5 Parents of adult U.S. citizens, new arrivals IR0 Parents of adult U.S. citizens, adjustments IB5 Parents battered or abused, of U.S. citizens, new arrivals, self petitioning IB0 Parents battered or abused, of U.S. citizens, adjustments, self petitioning FAMILY PREFERENCE CATEGORIES Family members not included in the immediate relative class of admission may be eligible for immigration under family-sponsored preferences. These categories also allow for the beneficiary to bring derivative family members. Categories are organized by priority. More about family preference categories. A11 Unmarried Amerasian sons/daughters of U.S. citizens, new arrivals A16 Unmarried Amerasian sons/daughters of U.S. citizens, adjustments F11 Unmarried sons/daughters of U.S. citizens, new arrivals F16 Unmarried sons/daughters of U.S. citizens, adjustments B11 Unmarried sons/daughters of U.S. citizens, new arrivals, self petitioning B16 Unmarried sons/daughters of U.S. citizens, adjustments, self petitioning A12 Children of A11 or A16, new arrivals A17 Children of A11 or A16, adjustments F12 Children of F11 or F16, new arrivals F17 Children of F11 or F16, adjustments B12 Children of B11 or B16, new arrivals B17 Children of B11 or B16, adjustments F21 Spouses of alien residents, subject to country limits, new arrivals F26 Spouses of alien residents, subject to country limits, adjustments B21 Spouses of alien residents, subject to country limits, new arrivals, self petitioning B26 Spouses of alien residents, subject to country limits, adjustments, self petitioning C21 Spouses of alien residents, subject to country limits, new arrivals, conditional C26 Spouses of alien residents, subject to country limits, adjustments, conditional FX1 Spouses of alien residents, exempt from country limits, new arrivals FX6 Spouses of alien residents, exempt from country limits, adjustments BX1 Spouses of alien residents, exempt from country limits, new arrivals, self petitioning BX6 Spouses of alien residents, exempt from country limits, adjustments, self petitioning CX1 Spouses of alien residents, exempt from country limits, new arrivals, conditional CX6 Spouses of alien residents, exempt from country limits, adjustments, conditional F22 Children of alien residents, subject to country limits, new arrivals F27 Children of alien residents, subject to country limits, adjustments B22 Children of alien residents, subject to country limits, new arrivals, self petitioning B27 Children of alien residents, subject to country limits, adjustments, self petitioning C23 Children of C21, C22, C26, or C27, subject to country limits, new arrivals, conditional C28 Children of C21, C22, C26, or C27, subject to country limits, adjustments, conditional B23 Children of B21, B22, B26, or B27, subject to country limits, new arrivals B28 Children of B21, B22, B26, or B27, subject to country limits, adjustments F23 Children of F21, F22, F26, or F27, subject to country limits, new arrivals F28 Children of F21, F22, F26, or F27, subject to country limits, adjustments C25 Children of C24 or C29, subject to country limits, new arrivals, conditional C20 Children of C24 or C29, subject to country limits, adjustments, conditional B25 Children of B24 or B29, subject to country limits, new arrivals B20 Children of B24 or B29, subject to country limits,

How To Find Out What your employment authorization category code is USCIS EAD Category Code  EAD Category Eligibility Description 180 Days Automatic Extension Eligibility A02 A lawful temporary resident pursuant to sections 245A or 210 of the INA No A03 Refugee Yes A04 Paroled as refugee No A05 Asylee (granted asylum) Yes A06 K1 non-immigrant fiancé(e) of US CitizenK2 child of K1 No A07 N-8 Parent of international organization employee granted permanent residenceN-9 Dependent Child of international organization employee granted permanent residence Yes A08 Citizen of Micronesia, the Marshall Islands or Palau admitted as a nonimmigrant Yes A09 K-3 nonimmigrant spouse of USCK-4 child of K-3 No A10 Granted Withholding of Deportation or Removal Yes A11 Deferred Enforced Departure (DED)   A12 Temporary Protected Status (TPS) granted under 8 CFR 244.12 Yes A13 IMMACT Family Unity beneficiary(Section 301 of the Immigration Act of 1990) No A14 LIFE Act Family Unity beneficiary(Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments) No A15 V-1 Spouse of Lawful Permanent ResidentV-2 Minor unmarried child of Lawful Permanent ResidentV-3 Minor unmarried child of V-1 or V-2 No A16 T-1 nonimmigrant (victims of severe forms of trafficking) No A17 Spouse of E-1/E-2 Treaty Trader/InvestorSpouse of E-3 specialty occupation professional from Australia Yes*(*timely filing before I-94 expiry ) A18 L2 spouse of an L1 visa intracompany transfer Yes*(*timely filing before I-94 expiry ) A19 U1 nonimmigrant (victims of certain criminal activity) No A20 U-2 spouse of U-1 aliensU-3 children of U-1 aliensU-4 parents of minor U-1 aliens (16 or under)U-5 unmarried sibling under age 18 of U-1 alien under age 21 No C01 Dependent of A-1 or A-2 foreign government official No C02 Dependent of TECRO (Taipei Economic and Cultural Representative Office) E-1 Non-immigrant No C03A Pre-completion OPT F1 visa students No C03B Post-completion OPT F1 visa students No C03C 24-month extension for Science, Technology, Engineering, or Mathematics (STEM) OPT students No C03(ii) F-1 student offered off-campus employment under the Sponsorship of Qualifying International Organization No C03(iii) F-1 student seeking off-campus employment due to severe economic hardship No C04 Spouse or unmarried dependent child of G-1, G-3 or G-4 nonimmigrant (Representative of International Organization and their dependents) No C05 J-2 spouse or minor child of a J-1 exchange visitor No C06 M-1 student seeking practical training after completing studies No C07 Dependent of NATO-1 through NATO-7 nonimmigrant No C08 Asylum applicant (w/ pending asylum application) who filed for asylum on or after January 4, 1995 Yes C09 Adjustment of status applicant Yes C10 Suspension of deportation applicants (filed before April 1, 1997)Cancellation of Removal applicantsCancellation applicants under NACARA Yes C11 An alien paroled into the United States in the public interest or temporarily for emergency reasons No C12 Spouse of an E-2 Commonwealth of the Northern Mariana Islands (CNMI) investor; eligible for employment in the CNMI only No C14 Alien granted deferred action No C16 Registry applicant based on continuous residence since January 1, 1972 Yes C17(i) B1 nonimmigrant who is the personal or domestic servant of a nonimmigrant employer No C17(ii) B1 nonimmigrant domestic servant of a U.S. citizen No C17(iii) B1 nonimmigrant employed by foreign airline No C18 Alien with a final order of deportation/order of supervision; No C19 Temporary Protected Status applicant under 8 CFR 244.5 Yes C20 Alien who has filed a completed legalization application for special agricultural workers Yes C21  S visa non-immigrant No C22 Alien who has filed a completed legalization application under INA 245A Yes C23 Irish peace process (Q-2)   C24 LIFE legalization applicant Yes C25 T-2 spouse of T-1, victim of traffickingT-3 child of T-1T-4 parent of T-1 (if T-1 is under age 21) No C26  Certain H4 Visa spouses of H1B holders, qualify for it. Check Apply H4 EAD Guide  Yes*(*timely filing before I-94 expiry ) C27 Abused spouse of an A nonimmigrant No C28 Abused spouse of an E-3 nonimmigrant No C29 Abused spouse of a G nonimmigrant No C30 Abused spouse of an H nonimmigrant No C31 The principal beneficiary of an approved VAWA self-petitionQualified child of a beneficiary of an approved VAWA self-petition Yes C33 An alien who has been granted Deferred Action for Childhood Arrivals (DACA) No C35 The principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances No C36 Spouse or unmarried child of a principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances No

The list below [See updated here] has the link to the WebEx virtual Courtroom of each of the Immigration Judges in New York and a link to the full list of all the Immigration Judges in the US. There is also a dial-in number for each Immigration Judge for those who do not have access to a computer or have trouble connecting. NOTE: The automated system will show the location of the Court even if you have been scheduled for a virtual hearing. That does not mean you have to physically go to the Court at that address. You should still appear virtually. WHO IS MY JUDGE?If you lost your hearing notice or you can’t figure out who your Judge is then go to the EOIR Automated Case Status System and look up your A# (the 9 digit number with the letter “A” in front of it that appears on every document you received from immigration). Once you enter your A number and press submit it will show you information about your case including the date, time, location, and Immigration Judge. For information about how to use WebEx to attend an immigration court virtual hearing see our WebEx Virtual Hearing Guide. NEW YORK IMMIGRATION COURT WEBEX LINKS COURT LOCATION IMMIGRATION JUDGE WEBEX LINK New York – Broadway ACIJ Khalilah Taylor (KHT) https://eoir.webex.com/meet/ACIJ.Taylor   J. Thomas Bartleson (TSB) https://eoir.webex.com/meet/IJ.Bartleson   Scott Bratton (STB) https://eoir.webex.com/meet/IJ.Scott.Bratton   Noel A. Brennan (NB) https://eoir.webex.com/meet/IJ.Brennan   John P. Burns (JHB) https://eoir.webex.com/meet/IJ.Burns   Andrew M. Calvelli (AWC) https://eoir.webex.com/meet/IJ.Calvelli   Olivia L. Cassin (OLC) https://eoir.webex.com/meet/IJ.Cassin   Jess Christensen (JBC) https://eoir.webex.com/meet/IJ.Christensen   Jennifer Chung (JCG) https://eoir.webex.com/meet/IJ.Chung   Diane L. Dodd (DED) https://eoir.webex.com/meet/IJ.Dodd   Robert L. Gundlach (RTG) https://eoir.webex.com/meet/IJ.Gundlach   Edward P. Grogan (EGN) https://eoir.webex.com/meet/IJ.Grogan   Carolyn L. Krasinski (CKI) https://eoir.webex.com/meet/IJ.Krasinski   Brigitte Laforest (BLF) https://eoir.webex.com/meet/IJ.Laforest   Shirley Lazare-Raphael (SLR) https://eoir.webex.com/meet/IJ.Lazare-Raphael   Tanawa Lebreton (TAL) https://eoir.webex.com/meet/IJ.Lebreton   Kalenna Lee (KNL) https://eoir.webex.com/meet/IJ.Kalenna.Lee   Michael W. Lloyd (MLL) https://eoir.webex.com/meet/IJ.Lloyd   James M. McCarthy (JMM) https://eoir.webex.com/meet/IJ.McCarthy   James R. McKee (JME) https://eoir.webex.com/meet/IJ.James.McKee   Maria Navarro (MEN) https://eoir.webex.com/meet/IJ.Navarro   Carol Moore (CLM) https://eoir.webex.com/meet/IJ.Carol.Moore   Adam Perl (APL) https://eoir.webex.com/meet/IJ.Perl   Aviva Poczter (AVP) https://eoir.webex.com/meet/IJ.Poczter   Douglas B. Schoppert (DBS) https://eoir.webex.com/meet/IJ.Schoppert New York – Federal Plaza ACIJ Megan Herndon (Acting) https://eoir.webex.com/meet/ACIJ.Herndon   Lori K. Adams (LIA) https://eoir.WebEx.com/meet/IJ.LoriAdams   Amit Chugh (AC2) https://eoir.webex.com/meet/IJ.Chugh   Raisa Cohen (RAC) https://eoir.webex.com/meet/IJ.Cohen   Carol A. Crawford (IJC) https://eoir.webEx.com/meet/IJ.Crawford   Kyle A. Dandelet (KED) https://eoir.webex.com/meet/IJ.Dandelet   Evalyn P. Douchy (EPD) https://eoir.webex.com/meet/IJ.Douchy   L. Batya Schwartz Ehrens (LES) https://eoir.webex.com/meet/IJ.Ehrens   Samuel M. Factor (SAF) https://eoir.webex.com/meet/IJ.Factor   Lauren F. Farber (LTF) https://eoir.webex.com/meet/IJ.Farber   Lena Golovnin (LGN) https://eoir.webex.com/meet/IJ.Golovnin   Cynthia Gordon (CYG) https://eoir.webex.com/meet/IJ.Cynthia.Gordon    Vivienne E. Gordon-Uruakpa (VGU) https://eoir.webex.com/meet/IJ.Vivienne.Gordon   Dorothy Harbeck (DH) https://eoir.webex.com/meet/IJ.Harbeck   Amanda Jeannopoulos (AJS) https://eoir.webex.com/meet/IJ.Jeannopoulos    Carrie Johnson-Papillo (CCJ) https://eoir.webex.com/meet/IJ.Johnson-Papillo   Amiena A. Khan (AAK) https://eoir.webex.com/meet/IJ.Amiena.Khan   David Kim (DDK) https://eoir.webex.com/meet/IJ.David.Kim   Deborah E. Klahr (DKR) https://eoir.webex.com/meet/IJ.Klahr   Theodora N. Kouris (TKS) https://eoir.webex.com/meet/IJ.Kouris   Frederic G. Leeds (FGL) https://eoir.webex.com/meet/IJ.Leeds   Anna Little (ACL) https://eoir.webex.com/meet/IJ.Little   F. James Loprest Jr. (JLP) https://eoir.webex.com/meet/IJ.Loprest   Maria Lurye (MLY) https://eoir.webex.com/meet/IJ.Lurye   Gioia Maiellano (GAM) https://eoir.webex.com/meet/IJ.Gioia.Maiellano   William H. McDermott (WMD) https://eoir.webex.com/meet/IJ.William.McDermott   Michael G. McFarland (MMF) https://eoir.webex.com/meet/IJ.McFarland   Dania Nassar (DNA) https://eoir.webex.com/meet/IJ.Dania.Nassar   Karen Nazaire (KAN) https://eoir.webex.com/meet/IJ.Karen.Nazaire   Barbara A. Nelson (BAN) https://eoir.webex.com/meet/IJ.Barbara.Nelson   Tiesha Peal (TAP) https://eoir.webex.com/meet/IJ.Tiesha.Peal   Jonathan Reingold (JNR) https://eoir.webex.com/meet/IJ.Jonathan.Reingold   Cathy Sagesse (CSE) https://eoir.webex.com/meet/IJ.Sagesse   Alice Segal (ASL) https://eoir.webex.com/meet/IJ.Segal   John J. Siemietkowski (JNS) https://eoir.webex.com/meet/IJ.Siemietkowski   Jem Sponzo (JCS) https://eoir.webex.com/meet/IJ.Sponzo   Scott E. Thomsen (STT) https://eoir.webex.com/meet/IJ.Thomsen   Donald Thompson (DWT) https://eoir.webex.com/meet/IJ.Donald.Thompson   Mimi Tsankov (MMT) https://eoir.webex.com/meet/IJ.Tsankov   Virna Wright (VAW) https://eoir.webex.com/meet/IJ.Wright   Randa Zagzoug (RZA) https://eoir.webex.com/meet/IJ.Zagzoug Ulster ACIJ Brandon C. Jaroch (BNJ) https://eoir.webex.com/meet/ACIJ.Jaroch   Kyung Auh (KYA) https://eoir.webex.com/meet/IJ.Auh   Charles M. Ouslander (CSO) https://eoir.webex.com/meet/IJ.Ouslander   Roger Sagerman (RFS) https://eoir.webex.com/meet/IJ.Sagerman New York – Varick ACIJ Ubaid ul-Haq (UUL) https://eoir.webex.com/meet/ACIJ.ul-Haq   Shayne R. Burnham (SEB) https://eoir.webex.com/meet/IJ.Burnham   Charles R. Conroy (CC1) https://eoir.webex.com/meet/IJ.Conroy   John DeCure (JDE) https://eoir.webex.com/meet/IJ.John.DeCure   Richard H. Drucker (RDD) https://eoir.webex.com/meet/IJ.Drucker   Margaret Kolbe (MGK) https://eoir.webex.com/meet/IJ.Kolbe   Lisa W. Ling (LLG) https://eoir.webex.com/meet/IJ.Ling   Thomas Mulligan (TJM) https://eoir.webex.com/meet/IJ.Mulligan   Thomas J. Mungoven (TSM) https://eoir.webex.com/meet/IJ.Mungoven   David A. Norkin (DNO) https://eoir.webex.com/meet/IJ.Norkin   Francisco R. Prieto (FPO) https://eoir.webex.com/meet/IJ.Prieto   Dara F. Reid (DRD) https://eoir.webex.com/meet/IJ.Reid   Themistoklis Aliferis (THA) https://eoir.webex.com/meet/IJ.Aliferis https://www.justice.gov/eoir/find-immigration-court-and-access-internet-based-hearings#NY Department of Justice Website with all EOIR WebEx links: https://www.justice.gov/eoir/find-immigration-court-and-access-internet-based-hearings

The relevant government agencies that administer the U.S. immigration laws and links to resources to learn more about them. EOIR – Executive Office of Immigration Review (Immigration Court) BIA – Board of Immigration Appeals AAO – Administrative Appeals Office The Administrative Appeals Office (AAO) conducts administrative review of U.S. Citizenship and Immigration Services (USCIS) officers’ decisions regarding immigration benefit requests OPLA / OCC – Office of Principal Legal Advisor or Office of Chief Counsel OPLA is under ICE’s Enforcement and Removal Operations (ERO) and it is the office that handles the prosecution of removal proceedings before the EOIR. USCIS – U.S. Citizenship & Immigration Services U.S. Citizenship and Immigration Services (USCIS) is the federal agency that oversees lawful immigration to the United States. USCIS Asylum Offices Find Asylum Office Responsible for: USCIS Application Support Centers (ASC) Most people known these locations as where they attend their biometrics appointment to have their fingerprints and photo taken by USCIS in connection to their immigration application. Find ASC Office