Need Definition of "Admission" to the USA

[PHaze 0]

My question is regarding the meaning of the term "admission" to the US for someone coming in on a K1 visa then adjusting status later. Is the official date of admission the day that person comes to the USA for the first time with the K1, or is it when they get the adjusted status of an immigrant? There are laws on the books that refer to this date of admission so it is important to know. Also what if someone gets the green card then leaves the country and comes back? is that a new date of admission? the use of the term is little bit unclear.Thanks.

[caroledfb 0]

Admission is the date the person enters the USA with the visa. There should be a stamp in the passport with the date of admission.

Viel Glueck!

[Otto 83]

I suppose it really depends on the context of what you're referring to. Admission date is the date a person was admitted.

What, specifically, are you asking this for?

[Eric-Pris 1,607]

It's very simple, don't try to complicate it.

Admmission is when the person was physically admitted into the United Staes. If the person arrived by air, it would be the moment that the DHS officer stamped and gave them back their passport.

[Gary and Alla 3,694]

My question is regarding the meaning of the term "admission" to the US for someone coming in on a K1 visa then adjusting status later. Is the official date of admission the day that person comes to the USA for the first time with the K1, or is it when they get the adjusted status of an immigrant? There are laws on the books that refer to this date of admission so it is important to know. Also what if someone gets the green card then leaves the country and comes back? is that a new date of admission? the use of the term is little bit unclear.Thanks.

The day they enter the USA at the POE and have their K-1 visa CANCELLED and replaced by the I-94. The expiration on the I-94 is the last date they can remian in the USA without getting married to the original petitioner. For the K-1 visa this admission is critical.

Evry time you enter the US, citizen, LPR or otherwise , it is A date of admission. Depending on which law would relate to the admission. "Initial admission", "last admission" etc. Any passing of the border into the United States is "an admission"

Perhaps you could post exactly what part of the law is unclear?

[Gary and Alla 3,694]

My question is regarding the meaning of the term "admission" to the US for someone coming in on a K1 visa then adjusting status later. Is the official date of admission the day that person comes to the USA for the first time with the K1, or is it when they get the adjusted status of an immigrant? There are laws on the books that refer to this date of admission so it is important to know. Also what if someone gets the green card then leaves the country and comes back? is that a new date of admission? the use of the term is little bit unclear.Thanks.

Again, for the K-1 there can only be ONE admission. They cannot leave and return until AOS and then it is a moot point regarding the K-1.

[PHaze 0]

Ok, I will try to clarify my question. I am asking about the admission date with regards to the following paragraph below from the deportation guidelines, I am also trying to understand if the burden of proof changes from the immigrant to the atty general after this date, that is the confusing part for me, who has to prove or disprove fraud? I thought the two year count down began at the time of AOS approval, and was not tied to admission dates, but this seems to indicate otherwise. I guess in this context "any admission" would include the first k1 admission. I am also assuming judicial termination includes divorce.

Thanks for all the responses so far.

[14] Fraud – marriage fraud conduct. A noncitizen is deportable for visa

fraud, and as being present in violation of law if:

The noncitizen has obtained any admission on the basis of a marriage

entered into less than two years prior to the admission, which within two

years after any admission is judicially annulled or terminated, unless the

noncitizen establishes to the satisfaction of the Attorney General that the

marriage was not contracted for the purpose of evading immigration law.

9 8 U.S.C. § 1324c(d)(2)-(5).

Deportation Grounds Checklist 11

INA § 237(a)(1)(G)(i), 8 U.S.C. § 1227(a)(1)(G)(i). NOTE: No conviction

is required to establish this ground of deportation.

The Attorney General finds that the noncitizen has failed or refused to

fulfill his or her marital agreement, which the Attorney General believes was

made for the purpose of procuring the noncitizen’s admission as an

immigrant. INA § 237(a)(1)(G)(ii), 8 U.S.C. § 1227(a)(1)(G)(ii). NOTE:

No conviction is required to establish this ground of deportation.

Edited May 6, 2009 by PHaze

[rooster 1]

Ok, I will try to clarify my question. I am asking about the admission date with regards to the following paragraph below from the deportation guidelines, I am also trying to understand if the burden of proof changes from the immigrant to the atty general after this date, that is the confusing part for me, who has to prove or disprove fraud? I thought the two year count down began at the time of AOS approval, and was not tied to admission dates, but this seems to indicate otherwise. I guess in this context "any admission" would include the first k1 admission. I am also assuming judicial termination includes divorce.

Thanks for all the responses so far.

[14] Fraud – marriage fraud conduct. A noncitizen is deportable for visa

fraud, and as being present in violation of law if:

The noncitizen has obtained any admission on the basis of a marriage

entered into less than two years prior to the admission, which within two

years after any admission is judicially annulled or terminated, unless the

noncitizen establishes to the satisfaction of the Attorney General that the

marriage was not contracted for the purpose of evading immigration law.

9 8 U.S.C. § 1324c(d)(2)-(5).

Deportation Grounds Checklist 11

INA § 237(a)(1)(G)(i), 8 U.S.C. § 1227(a)(1)(G)(i). NOTE: No conviction

is required to establish this ground of deportation.

The Attorney General finds that the noncitizen has failed or refused to

fulfill his or her marital agreement, which the Attorney General believes was

made for the purpose of procuring the noncitizen’s admission as an

immigrant. INA § 237(a)(1)(G)(ii), 8 U.S.C. § 1227(a)(1)(G)(ii). NOTE:

No conviction is required to establish this ground of deportation.

In this case it is as has been posted above, the date they enter the US with the K-1 visa. The 2 years that are referred to is the time from the entry to your application for Removal of Conditions ie..10yr greencard. If you read the last few lines, it clearly states that if the attornet general finds there has been fraud, the immigrant can be deported. The burden off proof would still be on the immigrant.