(13)(A) The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.

(B) An alien who is paroled under section 1182(d)(5) of this title or permitted to land temporarily as an alien crewman shall not be considered to have been admitted.

(C) An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien-

(i) has abandoned or relinquished that status,

(ii) has been absent from the United States for a continuous period in excess of 180 days,

(iii) has engaged in illegal activity after having departed the United States,

(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings,

(v) has committed an offense identified in section 1182(a)(2) of this title, unless since such offense the alien has been granted relief under section 1182(h) or 1229b(a) of this title, or

(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.

(7) Documentation requirements

(A) Immigrants

(i) In general

Except as otherwise specifically provided in this chapter, any immigrant at the time of application for admission-

(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this chapter, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 1181(a) of this title, or

(II) whose visa has been issued without compliance with the provisions of section 1153 of this title,

is inadmissible.

(ii) Waiver authorized

For provision authorizing waiver of clause (i), see subsection (k).

(B) Nonimmigrants

(i) In general

Any nonimmigrant who-

(I) is not in possession of a passport valid for a minimum of six months from the date of the expiration of the initial period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to and enter some other country during such period, or

(II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission,

is inadmissible.

(c) Decision and burden of proof

(2) Burden on alien

In the proceeding the alien has the burden of establishing-

(A) if the alien is an applicant for admission, that the alien is clearly and beyond doubt entitled to be admitted and is not inadmissible under section 1182 of this title; or

(B) by clear and convincing evidence, that the alien is lawfully present in the United States pursuant to a prior admission.

In meeting the burden of proof under subparagraph (B), the alien shall have access to the alien's visa or other entry document, if any, and any other records and documents, not considered by the Attorney General to be confidential, pertaining to the alien's admission or presence in the United States.

https://www.law.cornell.edu/cfr/text/8/1001.1

Focus specifically on many of the non-criminal inadmissibility provisions, including:

• § 212(a)(6)(A)(i)  (surreptitious entry)
• § 212(a)(6)(B)  (no show provision)
• § 212(a)(6)(C)(i)  (false claims)
• § 212(a)(6)(F)  (fraud)
• § 212(a)(9)(A)  (previous removal)
• § 212(a)(9)(B)  (unlawful presence)
• § 212(a)(9)(C)  ("permanent bar")

Other: § 212(d)(5) (parole)

Admissibility Hypo
2020 Exam, Question #3 (40 minutes)
(Moonlight)

Chiron is a Cuban citizen.  He entered the U.S. without inspection on April 1, 2021.  He is currently in El Paso, Texas.  Today is August 19, 2021.

• Chiron is seeking an immigration benefit and does not want to leave the U.S. Is he currently admissible?
  
  
• If Chiron crosses back over the border today into Juárez, Mexico and seeks an immigration benefit from abroad to come to the U.S. lawfully, is he admissible?

For both, please give a yes or no answer and then provide a short explanation of your reasoning with relevant INA provisions.

Admissibility Hypo

2018 Exam, Question #1 (30 minutes)

(The Sixth Sense)

Facts: Cole entered the U.S. without inspection on his 15th birthday. He then lived in the U.S. without status for 3 years and 9 months until his arrest by ICE. He was placed in removal proceedings, had a full merits hearing, and was removed about two months after his arrest. That was 7 years ago.

Cole is now back in his native Yugoslavia. He would like to enroll in a PhD program in the US and apply for an F-1 student visa.

• Question: Is Cole admissible? If not, for how long is he inadmissible? Are there available waivers for him?