BIA Remands Case Back to USCIS for New Entry Decision

BIA Remands Case Back to USCIS for a New “Entry” Decision — What It Means

The Board of Immigration Appeals (BIA) has vacated the prior ruling and remanded the case to USCIS to make a new determination about the applicant’s “entry”—that is, whether (and how) the person was inspected and admitted or paroled for purposes of eligibility (most often adjustment of status under INA §245(a)). This kind of remand happens when the record is incomplete, inconsistent, or evaluated under the wrong legal standard (e.g., failure to apply Matter of Quilantan’s “wave through” admission theory, misreading a parole record, or overlooking documentary evidence like I-94s, border stamps, or CBP system entries).

Why this matters
Adjustment of status generally requires proof of a lawful admission or parole (unless an exception applies). A correct “entry” finding can unlock adjustment, allow concurrent waivers (e.g., §212(i) for misrepresentation, §212(h) for certain crimes), and change the posture of removal proceedings (e.g., administrative closure or termination once USCIS takes jurisdiction).

What happens next

• USCIS must re-adjudicate the admission/parole question using the correct standard and the full evidentiary record.
• The agency may request additional evidence or schedule an interview focused on entry facts, identity, and travel history.
• After USCIS issues its decision, the immigration court can proceed accordingly (resuming, closing, or terminating proceedings based on the result).

Your action checklist

1. Reconstruct the entry timeline. Gather passports (even expired), visas, I-94s, airline/land-crossing receipts, FOIA results, and CBP/USCIS printouts.
2. Affidavits. Obtain detailed sworn statements from the applicant and eyewitnesses (including “wave-through” scenarios), with dates, locations, and officer interactions.
3. Fix identity gaps. Correct name/date-of-birth discrepancies across records.
4. Screen for waivers. If misrepresentation or other inadmissibility might surface during re-adjudication, prepare I-601/§212(i) or §212(h) strategies in advance.
5. Consistency review. Align all prior filings (I-130, I-589, prior I-485s) to avoid credibility issues.

How we help
We build a decision-ready entry packet, coordinate FOIAs, draft targeted affidavits, and pre-package any necessary waivers—so when USCIS reassesses “entry,” the record cleanly supports admission/parole and clears the path to lawful permanent residence.