Adjustment of Status Polygraph Test
One of the immigration benefits granted by the U.S. Citizenship and Immigration Services (USCIS) and the Executive Office of Immigration Review (EOIR) is for “adjustment of status.” To be eligible, an applicant must demonstrate that he or she has been “inspected and admitted or paroled” under Act (INA) section 245(a).
Eligibility
To establish eligibility for “adjustment of status” under the Immigration and Nationality (INA) Act of 1952 section 245(a), an applicant seeking to show that he or she has been “admitted” to the United States pursuant to INA section 101(a)(13)(A), need only prove procedural regularity in his or her entry.
Proving Inspection & Admission
Proving inspection and admission is dependent on the credibility of the applicant, the corroborating evidence that makes the applicant’s story believable, and the sympathies of the case, e.g.,
1. Obtaining Customs and Border Protection “Records of Admission”
2. Obtaining Witness Statements
3. Polygraph Confirmation
Case Citations
Polygraph Evidence
Polygraph evidence may help the applicant satisfy the burden of proof of inspection and admission. The following Federal Court rulings allow for the use of polygraph examinations to verify an applicant‘s credibility.
Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579, 125 L. Ed. 2d 469, 113 S. Ct. 2786 (1993)
Guides the application of Federal Rule of Evidence 702, which provides the standard for admissibility of expert testimony.
United States v. Crumby, 895 F. Supp.1354 (1995)
The court noted that polygraph examinations are admitted in most federal courts. Their widespread use in federal courts significantly weakens the argument that polygraph evidence is inherently unreliable.
United States v. Cordoba, 104 F.3rd 225, 1 (9th Cir. 1997)
A bright-line rule excluding polygraph evidence is not consistent with the flexibility in decision-making granted to the trial judge.
Mohamud v. I.N.S., 45 Fed. App. 674, 3 (9th Cir. 2002)
Defendant Mohamud was administered a polygraph examination in order to corroborate his asylum claim. The independent expert polygraph examiner verified the veracity of Muhamud’s claim. The court admitted the polygraph examination into evidence and ruled in favor of Mohamud.
Goel v. Gonzales, 490 F. 3rd 735 (9th Cir. June 14, 2007)
The Ninth Circuit Court ruled that an Immigration Judge may consider polygraph evidence during a removal hearing.