An alien present in the United States who has not been admitted or who arrives in the United States shall be deemed:

• A. An applicant for admission only if he or she entered at a designated port of entry.
• B. An applicant for admission regardless of where the alien made entry.
• C. An alien that has entered without inspection or parole.
• D. None of the above.

Answer: (B)

In the context of U.S. immigration law, an alien who is present in the United States but was not formally admitted or who arrived without going through a port of entry is considered to be an applicant for admission, regardless of where or how they entered the country. This understanding is crucial because it underlines the legal framework that governs the status of such individuals.

When an alien arrives at a designated port of entry, they go through the inspection process, which is when their admission is formally assessed. However, even if an alien does not follow this procedure—if they entered the U.S. without inspection (for example, crossing a border unlawfully)—they are still recognized as eligible to apply for admission. This means they may be subject to removal proceedings but have the right to seek admission under certain circumstances.

This classification as an applicant for admission is significant because it informs the legal rights and processes available to the individual in the U.S. immigration system. It also reflects the broader principles of how U.S. immigration law applies to all aliens, emphasizing that the status of being an applicant for admission is not contingent upon the manner of entry but is a consistent legal determination for those who have not been admitted properly.