Matter of Graciela QUILANTAN, Respondent

Summary

Quilantan is the major case law behind the concept commonly described as being 'waved through' the border: a polemical concept that leaked out of the immigration law backrooms into public discourse, at least for a time. This results in certain circumstances in which persons are allowed to adjust status under INA § 245(a) even though they were not formally questioned, admitted, or otherwise assigned an immigration status -- in other words, they were 'waved through'. But only in certain circumstances.

The main factor is making a distinction between procedural regularity and substantive entitlement to enter. In other words, a person who physically presented themself for inspection and was permitted (waved, but not *waived*) through may have been 'admitted' for § 245(a) purposes even though they lacked documents that would ordinarily have entitled them to admission.

Holding

For purposes of establishing eligibility for adjustment of status under INA § 245(a), a noncitizen seeking to establish that he or she was 'admitted' under INA § 101(a)(13)(A) need only establish procedural regularity in the entry.

An admission does not require that immigration authorities question the person at the time of entry or that the person be admitted in a particular immigration status.

Cited authorities

Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980)