As an immigrant who plans to become a permanent resident of the United States, you must complete certain steps before you are eligible. According to the U.S. Citizenship and Immigration Services, your eligibility to file for adjustment of status depends on what happens as you go through the inspection process.
The first step is to go to a U.S. port of entry and present yourself for inspection. The immigration officer will determine whether immigration laws, presidential proclamations or executive orders render you subject to removal. He or she will also review the documents you provide to determine whether you are admissible. These include the photographs, fingerprints and other evidence that the USCIS guidelines require. You are considered inspected and admitted once the procedures for admission have been complete and you have been authorized for entry.
If you are dishonest about your immigrant status and claim to be a legal permanent resident or U.S. citizen returning to the country, the immigration official would not perform the inspection before allowing entry because it is not a requirement for people with those statuses. Therefore, you cannot apply for adjustment of status because your fraudulent entry into the country did not result in an inspection and admission.
This requirement is not relevant to your green card application if you are a foreign national INA 245(i) applicant or a Violence Against Women Act applicant. Other conditions may apply, and you may also find yourself paroled rather than admitted under certain circumstances. Therefore, although the information here is provided to give you a general idea about the process, it should not be interpreted as legal advice.
