Being “waved through” at port of entry may mean “admission”

There are some prior immigration cases  (Matter of Quilantan) that have held that if someone has creditable proof that they were properly “waved through” at the port of entry, that this can be held to be a proper legal “admission” into the country.   Based on some recent decisions by immigration judges, either they are ignorant of this case law or they have decided to ignore it.  However, a recent unpublished decision arising out of the El Paso immigration court case reaffirms that Matter of Quilantan is still good law.   What does this mean to some of you?  Well, if the last time you entered the country was through a port of entry and the customs officer merely “waved” you through (as some of you may recall- this was quite common “back in the day”  then you might be eligible to adjust status (assuming such a petition has been filed for you).    Just something to keep in mind.