The Fourth Circuit has affirmed that an applicant for adjustment of status must prove her admissibility by clear and convincing evidence. Nonetheless, in a footnote, the court recognized that the applicant in this case was the mother of a military servicemember and worked in an important profession, and suggested that the Department of Justice may wish to revisit its position in the case. The applicant had presented significant evidence that someone else had likely checked the “US citizen” box on her I-9.
The full text of NIvar Santana v. Garland can be found here: