OCTOBER 2025 | 27 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. to spend the three- and 10-year periods of inadmissibility outside the U.S. Additionally, there have been various unpublished board decisions on the issue of whether a noncitizen must remain outside the U.S. for the relevant period. However, the board has never addressed the issue in a precedent decision.4 On June 24, 2022, the USCIS published a policy memorandum that formally recognized that the three- and 10-year periods of inadmissibility can be spent inside the U.S.5 On Feb. 14, 2023, the board came to the same conclusion in Duarte-Gonzalez.6 MATTER OF DUARTEGONZALEZ, 28 I&N DEC. 688 (BIA 2023) In June 2000, Mr. DuarteGonzalez was admitted to the United States with authorization to remain for a period of 30 days. However, he did not depart until August 2001. Mr. Duarte-Gonzalez was later admitted to the U.S. in August 2001 on a nonimmigrant visa, with authorization to stay for a temporary period not to exceed 30 days. After his admission in August 2001, Mr. Duarte-Gonzalez never left the U.S. and applied for an adjustment of status under §245(a) of the INA more than 10 years later. On April 3, 2019, the immigration judge rendered a decision denying Mr. Duarte-Gonzalez’s application, concluding that he was “not eligible for adjustment of status because he did not remain outside the United States during the entire 10-year period of inadmissibility pursuant to section 212(a)(9)(B)(i)(II) of the INA, 8 U.S.C. § 1182(a)(9)(B)(i)(II).”7 Mr. DuarteGonzalez appealed the decision, arguing that he was eligible for adjustment of status because the plain reading of §212(a)(9)(B)(i)(II) of the INA does not require a noncitizen to remain outside the U.S. for the 10-year period of inadmissibility.8 On appeal, the board held, “Noncitizens who are inadmissible for a specified period of time
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