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

Trade NAFTA approved after vacation of Expedited Removal Order.

Published: Oct 31, 2008 Source: My Source

Our Canadian citizen client is a qualified ManagementConsultant.  She obtained a job offerfrom a U. S.employer.  Another attorney prepared anapplication for admission in Trade NAFTA status.  She presented the application at a port ofentry in the State of Washington.  Unexpectedly, an Expedited Removal Order wasissued, barring her from the U.S. for five years.  It was not predicated upon any fraud.

At this point we were hired. The first thing that we did was to request a vacation of the RemovalOrder because it was issued contrary to the provisions of the Inspector’s FieldManual in that she was not given an opportunity to withdraw herapplication.  The Order was vacated, butthe letter acknowledging such vacation intimated that she might be inadmissiblefor unlawful presence.

We disagreed.  Thesecond thing that we did was to appear with her and applied for her admissionas a Business Visitor to attend meetings with the employer.  The application was made at a port of entryhere in Buffalo.  She was admitted without incident, appropri-atecomputer entries were made, and we had an I-94, Departure Record, issued tomemorialize the admission.

The third and last thing we did was to prepare a newapplication for Trade NAFTA status as a Management Consultant with the employer.  We appeared with her when she applied at theBuffalo POE.  The application wasapproved and documentation of such approval was issued to her.  She is now employed in the United Statesas a Management Consult-ant. 

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