Learning from the Recent Interpretation of INA Section 245(a): Factors to Consider when Interpreting Immigration Law

Abstract

Recently, the United States Citizenship and Immigration Services (USCIS) adopted a policy that may seem insignificant, but will actually have a great impact on the lives of many battered immigrants. On April 11, 2008, USCIS issued a memorandum declaring: Effective immediately, USCIS interprets the introductory text in section 245(a) of the [Immigration and Nationality] Act as effectively waiving inadmissibility under section 212(a)(6)(A)(i) of the Act for any alien who is the beneficiary of an approved VAWA self-petition.'I This change in policy enables battered immigrants to apply for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA)2 even if they entered the country unlawfully.3