Green Card Application Denials Vacated and LPR Status Granted in Portability Case.Published: Nov 6, 2008 Source: My Source
Our client is a Canadian citizen. He was inadmissible to the United States due to a conviction of a crime involving a controlled substance. We obtained a Nonimmigrant Waiver of Inadmissi-bility for him so that he could travel to the United States on behalf of his Canadian employer which is a subsidiary of a U. S. company.
Thereafter, we obtained L-1 Intracompany Transferee status as a manager for him so that he could be transferred to the U. S. parent company, utilizing the waiver. Subsequently, the parent company offered him a permanent management position, and we filed a Petition for Alien Worker for the company on his behalf for classification as a Multi-National Manager. We also filed applications for Adjustment of Status for the client and his family, along with an Application for an Immigrant Waiver of Inadmissibility due to his criminal conviction.
Because more than 15 years had elapsed since the conviction, extreme hardship to a qualifying relative was no longer a prerequisite for statutory eligibility for the waiver. We successfully proved that the controlled substance involved qualified as 30 grams or less of marijuana, other-wise, the waiver was not available. The client then received an attractive job offer from a Fortune 500 company in a similar position.
Because his employer’s petition had not been adjudicated within 180 days after filing, we advised the client that he was eligible to “port” pursuant to the provisions of the American Competitiveness in the 21st Century Act. He accepted the new employer’s position and we filed proof that the position was in the same or similar occupation or classification for the client.
The case remained pending at a USCIS District Office for quite some time. Because of a back-log, the case was remoted to a Sub Office for adjudication. Earlier this year, the Centers for Disease Control amended the vaccination and TB testing requirements for green card applications. USCIS stated that the new requirements would ordinarily only apply to new applications. Notwithstanding, the Sub Office sent out a notice requiring new medical exams for the family. When we inquired concerning the reason for the same, they construed the inquiry as a refusal and denied the applications.
Utilizing the special liaison procedures established for American Immigration Lawyers Association members, we went back to the District Office of USCIS and requested a vacation of the Sub Office’s denial of the family’s applications on the basis that the new exams were not required. The District Office agreed with our position, vacated the denials, and granted Lawful Permanent Resident status to the family within 30 days.