What is the consequence for an alien present in the United States without admission or parole according to INA § 212(a)(6)(A)(i)?

• A. Subject to a charge of deportation
• B. Subject to a charge of inadmissibility
• C. Allowed to remain without restrictions
• D. Eligible for work authorization

Answer: (B)

An alien present in the United States without admission or parole is subject to a charge of inadmissibility under INA § 212(a)(6)(A)(i). This provision specifically addresses individuals who have entered the U.S. unlawfully, meaning they did not go through the appropriate legal channels for entry or they entered without being admitted or paroled by an immigration official.

As a result, these individuals are considered inadmissible because they do not have permission to be in the U.S. Inadmissibility can lead to various legal consequences, such as being barred from obtaining certain immigration benefits or facing removal proceedings.

The focus of this statute is on the status of being without admission or parole, which clearly categorizes these individuals as inadmissible rather than deportable at that moment since deportation typically follows after someone has been denied entry and has been placed in removal proceedings. Thus, the proper understanding of this context is crucial for recognizing the implications of an alien's status in the U.S.