Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Deportation Prevented for Citizen of the United Kingdom

Published: Jan 7, 2008 By: Robert D. Kolken Source: My Source

Our client is a citizen of the United Kingdom.  Eleven years ago she married a United States citizen and was admitted to the United States as a visitor.  She then applied for a green card.  While the application was pending, she went to Canada for a short visit, and upon her return, it was discovered that she had left the United States without advance parole, which meant she had withdrawn her green card application as a matter of law. 

Immigration Court proceedings were instituted against her.  She hired another law firm to represent her.  It was discovered that she was inadmissible to the United States due to a criminal conviction and needed a waiver of inadmissibility.  A trial was held and the Immigration Judge denied the waiver application and her green card application.  The case was appealed to the Board of Immigration Appeals and then to the U.S. Court of Appeals for the Second Circuit.  Because her criminal conviction, unlike most, only rendered her inadmissible for 10 years, the case was returned to the Immigration Judge because she no longer needed a waiver of inadmissibility.  We were then hired to represent her. 

After several Pre-Trial Conferences and submissions of documentary evidence, we were able to convince both the Immigration Judge and the attorneys for the Department of Homeland Security that our client had rehabilitated herself, was a good mother, was a respected member of the community, and was gainfully employed.  As a result, our motion to terminate the Immigration Court proceedings in her favor was granted by the Immigration Judge.  What this means is that USCIS now has jurisdiction to approve her Green Card application.


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