In a somewhat convoluted case, the Fifth Circuit addressed whether an individual who had adjusted status in the United States after being admitted to the United States as a nonimmigrant could be charged with deportability as a non-citizen inadmissible at the time of adjustment of status because he was not in possession of a valid entry document as defined in section 212(a)(7)(A) of the INA.  The court noted that section 212(a)(7)(A) of the INA only applies to applicants for admission, and concluded that a person already admitted to the United States on a nonimmigrant visa, who subsequently applies for adjustment of status, cannot be deemed an applicant for admission, as contemplated in section 212(a)(7)(A) of the INA.  Thus, the petitioner, who adjusted status based on a fraudulent marriage, was not removable as charged, though the court clearly noted that there were likely other charges of removability that could be lodged against him.

The full text of Marques v. Lynch can be found here: