FACTS:

A Bolivian national came to our office after living in the United States for over two decades. She and her husband explained that they had entered the U.S. through the Tijuana-San Diego border crossing more than 24 years ago. Without immigration documents, they crossed into the U.S. in the backseat of a car driven by a U.S. citizen. Remarkably, the border patrol officers—assuming the passengers were lawfully present—“waved” the vehicle through without inspection.

This “wave through” entry, while highly unusual and difficult to prove, allowed them to remain in the U.S. undetected for decades. When their U.S. citizen son turned 21, they came to our office to explore whether she might qualify for a green card under the immediate relative category.

THE LAW:

Section 245(a) of the Immigration and Nationality Act (INA) permits certain individuals to apply for adjustment of status (i.e., obtain a green card) from within the United States if they were “inspected and admitted or paroled” into the country. While many undocumented individuals are barred from this benefit due to an unlawful entry, a limited line of caselaw and guidance supports that a person who was “waved through” a U.S. port of entry may, under certain conditions, still be considered “admitted” for purposes of INA § 245(a). See Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980) (holding that an individual who was allowed to enter without questioning or inspection was “admitted” for purposes of adjustment of status).

A “waved through” entry refers to a situation in which a person enters the U.S. through a port of entry and is allowed to pass by a border official who makes no effort to inspect or verify their documents, usually under the assumption that the person is lawfully present. While not common, such entries have been accepted by immigration authorities—if they can be proven—as constituting an “admission.”

The burden, however, is on the applicant to prove the nature of that entry. Because there are rarely written records of such events, affidavits, witness statements, and other corroborating evidence become essential.

THE RESULT:

Given the complexity and difficulty of this case, our office prepared a thorough evidentiary package. We submitted detailed affidavits from the client, her husband, and supporting witnesses to describe the events at the port of entry. Additionally, we worked with the client to undergo a voluntary polygraph examination to help substantiate the claim of a waved-through entry.

Despite the lack of direct documentation, USCIS ultimately found the evidence credible and sufficient to establish an admission under INA § 245(a). The application was APPROVED, and the client was granted lawful permanent resident status.

This was an extremely complex case, and approval required very careful legal analysis, strategic evidence gathering, and credible personal testimony. While not common, this outcome highlights that with the right support and advocacy, even the most difficult cases can succeed.

DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.