Deportation Prevented: Waiver Granted by Immigration JudgePublished: Aug 1, 2008 By: Robert D. Kolken Source: My Source
Our Jordanian clients were mistakenly granted permanent resident status 19 years ago, but never received their “green cards”. The wife’s father married a United States citizen when she was 15 years old. However, she was already married to her husband and had two children born of the marriage. Her step-mother petitioned for her, her husband and her two children.
The old INS approved the petition, notwithstanding the fact that an English translation of her marriage document had been provided to them, which showed that she was a married minor, and as a result, was no longer legally a child. After the family came to the United States, four United States citizen children were born. The husband owns a grocery store. They religiously file their income taxes. They have raised their family in an appropriate manner.
The Department of Homeland Security refused to take any action to correct the situation. We obtained temporary evidence of their lawful permanent resident status, and we prepared and filed applications for naturalization to force a resolution of the problem, which could only be resolved by an immigration judge granting them a waiver for intentional and unintentional misrepresentations because the Department of Homeland Security could not approve the naturalization applications under the circumstances.
We were able to convince them to institute Immigration Court proceedings against the family. We prepared and filed a waiver application with appropriate supporting documentation. A trial was held. Witnesses testified. Documentary materials were submitted into evidence in support of the application.
Because of the compelling nature of this proceeding, the Department of Homeland Security through their Deputy Chief Counsel did not oppose the applications, which were approved by the Immigration Judge. The clients will be receiving their “green cards”, and hopefully, will become United States citizens in the near future.