Last week, we began a discussion concerning the requirement that a foreign national be “inspected and admitted” at the U.S. border in order to gain lawful entry into the U.S.  Specifically, I described the case of a former client, Victoria, who entered the U.S. with someone else’s Philippine passport and U.S. visa – but with her photo substituted into the passport.

Victoria entered the U.S. using a B-2 tourist visa which she allowed to expire after such entry.  She later married a U.S. citizen.  But she never applied to become a U.S. lawful permanent resident (“LPR”)(commonly referred to as a “green card” holder) because she feared her method of entry into the U.S. would result in denial of her LPR application and possible removal (commonly referred to as “deportation”) from the U.S.  Thus, she continued to live in the U.S. without holding any valid immigration status or employment authorization.