Shireesha v. Att'y Gen. of the U.S., No. 10-1176 (3d Cir. 2011)Annotate this Case
Petitioner, a citizen of India, entered the U.S. in 1995 on a B-1 visa. After her visa expired, she accrued more than one year of unlawful presence. An application for labor certification was approved in 1999. Her employer's Petition for Alien Worker that was granted in 2000. In 2001, petitioner applied to adjust her immigration status to lawful permanent resident under the Legal Immigration Family Equity Act, 8 U.S.C. 1255(i). While her application was pending, she was granted advanced parole, which warned that if she accrued more than 180 days of unlawful presence subsequent to April 1, 1997, and subsequent to applying for adjustment of status, and then departed the U.S., she could be found inadmissible. Petitioner nonetheless traveled outside the U.S. and used the advanced parole to be permitted to reenter in 2002. In 2004, the application for adjustment of status was denied because her travel outside of the country rendered her inadmissible for a period of 10 years under 8 U.S.C. 1182(a)(9)(B)(i)(II). In removal proceedings, an Immigration Judge denied the application and granted voluntary departure. The BIA affirmed. The Third Circuit rejected an appeal.