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

Deportation Charge Defeated

Published: Jan 28, 2008 By: Matthew L. Kolken Source: My Source

We were able to successfully defeat a charge of deportability against our client, a citizen of Columbia .  Our client arrived in the United States in the early 1990's as a visitor, and never left the country.  After arriving in the United States she had a relationship with a man that resulted in the birth of her United States citizen child who is now 14 years old.  Our client has been working and paying taxes every year since her arrival in order to support her child.

Our client was encountered by Immigration Officials when she was on a Church tour of Niagara Falls that resulted in her telling an Immigration Officer that she was born in Puerto Rico .  The Government charged her with making a false claim to United States Citizenship which.

At trial the Government presented three separate affidavits from inspecting Immigration Officers all that said that our client said she was “born in Puerto Rico”, and never specifically stated at ay time that she was a United States Citizen.  At trial we argued that the Government failed to establish by clear and convincing evidence that our client subjectively understood that a person who was born in Puerto Rico is a United States citizen, and that absent this subjective understanding our client's misrepresentation did not rise to level of being an affirmative false claim to a United States citizenship.

The Judge agreed, and dismissed this ground of deportation.  Our client is now eligible to apply for cancellation of removal, which if approved will grant her a Green Card.

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