Inspector's Field Manual - Gani

Inspector's Field Manual
"Admitted" and an I-94 issued. Case law has made it clear that an alien does not effect an "entry" into the United
States for immigration purposes unless all of the following elements are present: (1) the alien is physically
present in the territory of the United States; (2) the alien has been inspected and admitted for immigration
purposes or the alien has actually and intentionally evaded inspection; and (3) the alien is free from official
restraint. Correa v. Thornburgh, 901 F.2d 1166 (2d Cir. 1990); In re Dubbiosi, 191 F. Supp. 65 (E.D. Va. 1961);
Matter of Pierre, 14 I & N Dec. 467 (BIA 1973) [See also General Counsel Opinion 91-37.]. Although the
definition of "entry" is no longer defined in the INA, and has been replaced by the definition of "admission" and
"admitted" in section 101(a)(13), the general provisions still apply in this context.