The Fourth Circuit Court of Appeals joined the Second and Sixth Circuit to affirm the Board of Immigration Appeals’ decision in Matter of Briones, 24 I&N Dec. 355 (BIA 2007). The Fourth Circuit determined that an applicant who seeks to adjust status under INA 245(i) (8 USC 1255(i)) does not automatically over come INA 212(a)(9)(C)(i)(I)’s bar. INA 212(a)(9)(C)(i)(I) deems a foreign national inadmissible if s/he entered the United States unlawfully after accruing more than a year of prior unlawful presence. Full Decision:
4th Circuit Court of Appeals holds 245(i) does not waive 212(a)(9)(C)(i)(I)’s reentry after unlawfully present for 1 year bar
