MANOHOR RAO ARRABALLY UPDATED

Posted by: Norka M. Schell 

New York Immigration Attorney

Law Offices of Norka M. Schell, LLC

www.lawschell.com 

 Here is the amended on the decision of Matterr of Manohar Rao Arrabally and Yerrabelly which was 

decided on August 16, 2012. 

The Board of Immigration Appeals held that the Respondents, who left the United States temporarily under a grant of advance parole, thereby effected a “departure,” which resulted in their inadmissibility under section

212(a)(9)(B)(i)(II). We hold that they did not.

Background

An alien who leaves the United States temporarily pursuant to a grant of advance parole

does not thereby make a “departure . . . from the United States” within the meaning

of section 212(a)(9)(B)(i)(II) of the Immigration and Nationality Act, 8 U.S.C.

§ 1182(a)(9)(B)(i)(II) (2006). Matter of Lemus, 24 I&N Dec. 373 (BIA 2007), clarified.

In a decision dated August 20, 2009, an Immigration Judge found the

Respondents inadmissible as charged under section 212(a)(7)(A)(i)(I) of the

Immigration and Nationality Act, 8 U.S.C. § 1182(a)(7)(A)(i)(I) (2006),

as intending immigrants not in possession of valid immigrant visas or other

entry documents. He further found them ineligible for adjustment of status

under section 245(i) of the Act, 8 U.S.C. § 1255(i) (2006), based on their

inadmissibility under section 212(a)(9)(B)(i)(II), and he ordered them removed

from the United States.

Board of Immigration Appeals

This case presents the question whether the respondents, who left

the United States temporarily under a grant of advance parole, thereby

effected a “departure,” which resulted in their inadmissibility under section

212(a)(9)(B)(i)(II). We hold that they did not. Consequently, the respondents’

Cite as 25 I&N Dec. 771 (BIA 2012).

The respondents seek adjustment of status under section 245(i) of the Act (rather than

section 245(a)) because they “failed . . . to maintain continuously a lawful status since entry into the United States” within the meaning of section 245(c) of the Act. Section 245(i) adjustment is available for a fee to certain aliens who are “physically present in the United States” but covered by section 245(c). Section 245(i)(1)(A)(ii) of the Act. The appeal will be sustained in part and the record will be remanded to the

Immigration Judge for further proceedings.