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

Waiver Granted, L-1A Approved

Published: Dec 19, 2008 Source: My Source

Our Canadian client is a successful small businessman. How owns 50% of a small business in Canada and is 50% owner of two small businesses in the United States. He is inadmissible to the United States for unlawful presence because he overstayed a previous entry for more than a year, making him inadmissible for ten years from the date he departed. He hired us because he wanted to manage his business in the U.S.

The first thing we did was to apply for a Nonimmigrant Waiver of Inadmissibility. We supplemented the application with a persuasive legal brief and letters of reference. The waiver of inadmissibility was granted for a period of five years, which is the longest length of time permitted, for multiple entries for business or pleasure. 

We then brought him to the border and had him apply for intracompany transferee status as a manager for one of his two U.S. businesses. The application contained documentation concerning his ownership of the U.S. and Canadian businesses, proof of their revenues and payrolls, proof of his employ as a manager for his Canadian businesses, etc. The petition was approved and he was admitted for a period of three years.

After spending two years managing the business, he decided to transfer himself to manage the second U.S. business. We again had him apply at the border with appropriate documentation, and he was approved. The client was readmitted to the United States in L-1A status.

It should be noted that on all Canadian border applications, our office prepares the appropriate petitions, instructs the client about what documents need to be produced for approval, prepares letter briefs in support of the applications, and appears with the clients at the port of entry to provide appropriate assistance.

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