Also known as: lawful admissions · lawfully admitted · lawful entry
Written by attorneys · grounded in primary & secondary sources — see below
An immigration status arising from entry into the United States under a valid visa or other authorization that confers permanent residence. This status causes an alien who is domiciled in a state to be treated as a citizen of that state for purposes of diversity jurisdiction and venue.
Carlos, a Mexican citizen who obtained lawful admission and has lived in Michigan for five years, sues a Michigan auto-parts supplier and a Canadian manufacturer in federal court. The supplier moves to dismiss. The court grants the motion because Carlos's lawful admission and Michigan domicile cause the statute to treat him as a Michigan citizen, destroying the required alignment for alienage jurisdiction.
Marco, a Philippine citizen who received lawful admission and is domiciled in State X, is sued by a Greek shipping company in federal court in State X. He moves to dismiss for lack of venue. The court denies the motion because his lawful admission and domicile fix his residence in the district where he lives for all venue purposes.
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An alien facing deportation obtains a suspension order that later receives congressional ratification. The Attorney General then records the alien's lawful admission for permanent residence. The recording converts the prior deferment into a final grant of permanent status.
A lawfully admitted permanent resident applies for a federal civil-service position but is rejected under a citizenship-only regulation. The resident challenges the denial. The court evaluates whether the regulation can stand given the resident's lawful admission and established ties to the United States.
Children of parents who obtained lawful admission enroll in Texas public schools. The state seeks to exclude them on immigration grounds. The court holds that the children's access to education cannot be denied solely because of their parents' status after lawful admission.
A child born abroad to a parent who received lawful admission claims derivative citizenship. The government contests the claim on timing grounds. The court examines whether the parent's lawful admission satisfies the statutory conditions for transmission of citizenship.
A foreign citizen who has received lawful admission for permanent residence and is domiciled in the same state as a U.S. citizen party is treated as a citizen of that state. The statute then withholds alienage jurisdiction over the action between them.
Yes. An alien who has received lawful admission for permanent residence is deemed to reside in the judicial district of domicile for all venue purposes under § 1391(c)(1).
Continuous residence for several years, obtaining a green card, paying state income taxes, registering a vehicle, obtaining a state driver's license, and joining local organizations demonstrate the physical presence and intent to remain indefinitely required for domicile.
Yes. In a direct action the insurer takes the citizenship of the insured. If the insured's sole member is a permanent resident domiciled in the plaintiff's state after lawful admission, complete diversity fails.
…by Chief Justice Burger I Chadha is an East Indian who was born in Kenya and holds a British passport. In 1966, he was lawfully admitted to the United States on a nonimmigrant student visa. His visa expired on June 30, 1972. In a letter dated October 6, 1973, the District Director of the Immigration and Naturalization…