Waiver granted for ten year barPublished: Jun 25, 2008 By: Matthew L. Kolken Source: My Source
We just obtained a waiver of inadmissibility on behalf of our client, a citizen of Colombia and a landed immigrant of Canada. Our client was first admitted to the United States as a nonimmigrant visitor for pleasure, and after admission he filed an Application for Asylum, based on his fear of returning to Colombia. This application was denied, and our client was granted voluntary departure.
When he departed the United States for Canada he triggered a ten year bar as a result of overstaying his visitor's visa and accruing more than one year of unlawful presence in the United States prior to his departure.
We were then retained to obtain a waiver of the ten year bar so that he may periodically return to the United States as a visitor. We prepared a brief in support of his nonimmigrant visa application, setting forth why the request should be granted in the exercise of discretion, and the waiver and visa was issued. Our client may now apply for admission to the United States, subject to inspection.