What counts as being admitted?
You are admitted when you present yourself at a port of entry and an officer inspects you and lets you enter. USCIS guidance says that holds even if the inspection was brief. Someone waved through a port of entry without questions can count as admitted if they can prove it, and if they made no false claim to citizenship. The law looks at procedure, so even an entry obtained by fraud is an admission, although it has serious consequences under the fraud ground. A false claim to U.S. citizenship is different and is treated as no inspection at all. If you were waved through, collect statements from anyone with you and any record of the trip now, because you bear the burden of proof. Under INA § 245, this question often decides the whole case.
Is parole, a visa or TPS the same as admission?
No. Section 101(a)(13)(B) says a paroled person is not considered admitted. Parole still satisfies the separate words admitted or paroled in § 245(a), so a parolee may be able to adjust, but parole is not a lawful admission for other purposes. A visa only lets you travel to a port and ask to enter; the officer makes the decision, and Form I-94 records the result. The Supreme Court held in Sanchez v. Mayorkas that a grant of Temporary Protected Status is not an admission for § 245(a), and USCIS applies the same reasoning to U status granted inside the country. If you entered without inspection and later received TPS, do not count on adjusting under § 245(a). Ask a lawyer whether a different route exists, such as § 245(i) or consular processing with a waiver.
How do I prove my admission?
Start with Form I-94, the most common proof of admission, and your passport stamp. Compare the name, date of birth, class of admission and expiry date against your documents. Errors are common, and an error can follow you into a green card or court case. If a CBP officer made the mistake, ask CBP to correct it before you file anything. If you have no record, request your file with Form G-639 and collect secondary proof: tickets, border crossing receipts, and sworn statements from witnesses. Keep copies of old passports even if they have expired. Do not guess at a date on a sworn form. If you do not remember or do not understand a question, get help before signing.
When does a green card holder count as seeking admission again?
Normally a returning permanent resident is not seeking admission. Section 101(a)(13)(C) lists exceptions: you abandoned status, stayed abroad more than 180 days in a row, engaged in illegal activity after leaving, left while under removal or extradition proceedings, committed an offense listed in INA § 212(a)(2) unless a waiver or cancellation of removal was granted, or tried to enter other than at an authorized place. If one applies, you can be treated like a new applicant at the airport, which means inadmissibility grounds apply rather than deportability grounds. Before any trip longer than 180 days, or any trip at all after an arrest or conviction, talk to a lawyer. If CBP stops you on return, do not sign Form I-407 giving up your status unless you understand it and have had legal advice. Long trips also affect citizenship under INA § 316.
Why does admission matter if I am detained or in court?
Admission decides which side of the removal system you are on. If you were admitted, the government generally must prove deportability under INA § 237 by clear and convincing evidence. If you were not, you are charged with inadmissibility and carry a heavier burden under INA § 240. Custody also turns on this. Whether people present without admission can get a bond hearing depends heavily on location, and the Supreme Court has agreed to decide the question. The Ninth Circuit (California) and Eleventh Circuit (Florida) have rejected the government's mandatory detention reading, while the Fifth and Eighth Circuits accepted it. See our immigration bond hearing guide for the current position. Give your lawyer every entry record on day one, so that the first pleading does not concede the wrong status by mistake. Our removal defense team can review them.