Who is exempt from the requirement of having been inspected and admitted or paroled under INA § 245(a)?

The requirement of having been inspected and admitted or paroled under the Immigration and Nationality Act (INA) § 245(a) does not apply to VAWA self-petitioners. The Violence Against Women Act (VAWA) provides specific protections for certain individuals who have been victims of domestic violence, allowing them to self-petition for legal status without the need for inspection and admission into the United States. This exemption recognizes the unique circumstances faced by individuals in abusive situations, allowing them to seek relief from immigration consequences that could tie them to their abusers.

In contrast, refugees, asylees, and immigrants with expired visas generally must demonstrate that they have been inspected and admitted or paroled to adjust their immigration status. Refugees and asylees have specific pathways for legal status but are still subject to the initial inspection requirements at the time of their admission. Immigrants with expired visas are also expected to meet the inspection and admission requirements as a condition of adjusting their status, regardless of their length of stay in the U.S. Thus, the unique provisions under VAWA for self-petitioners create a critical avenue of relief that acknowledges their difficult situations.