To be eligible for AOS, the alien must not entered this country illegally. He must have been "admitted" or "paroled" into the U.S., which means that he must present himself to an immigration officer at the border, who questions him about his basis for entering the U.S. and approves his entry.

The USCIS officer must have a "full and fair opportunity" to conduct the inspection before the alien is considered "inspected". An alien who enters based on an intentional false claim to U.S. citizenship has not been inspected. However, an alien who presents himself or herself for inspection before a USCIS officer as a passenger of a car will be considered "inspected" even where the USCIS officer does not question anyone in the car other than the driver. "Admission" occurs when the inspecting officer informs the applicant that the applicant is admissible and the applicant is permitted to pass through the port of entry. Generally, the alien's I-94 and/or the USCIS stamp in the alien's passport are proof of inspection and admission. However, a sworn affidavit or a copy of the alien's airplane ticket may be used where an I-94 or admission stamp is not ordinarily issued to the alien.

In Ortega-Cervantes v. Gonzales, 9/4/07, the court held that a person who is conditionally paroled under INA §236(a) is not "paroled into the United States" for purposes of adjustment of status under INA §245(a).

In Zhang v. Mukasey, (6th Cir. Nov. 29, 2007), The court held that for purposes of INA §237(a)(2)(A)(i), there is only one "lawful admission," based on physical, legal entry into the U.S., not the subsequent attainment of a different legal status. Therefore, where a person was previously inspected and admitted, adjustment of status does not constitute an admission.