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

Third 5 Year Waiver of Inadmissibility Granted.

Published: Feb 9, 2009 Source: My Source

Our client is a Canadian citizen. He is a technical service manager for a Canadian company having a U. S. affiliate. He has L-1B, Intracompany Transferee status as a specialized knowledge worker, so that he can enter the U. S. and service the U. S. affiliate on an as needed basis.

Unfortunately, he is inadmissible to the U. S. for life as a result of two convictions in Canada for simple possession of controlled substances. He also has a conviction for fraud under, which does not render him inadmissible because of the “petty offence exception” since it is his only crime involving moral turpitude, although it may be taken into consideration in adjudicating a waiver application, which is a discretionary grant.

Ten years ago Immigration Court proceedings were instituted against him by the former Immigration and Naturalization Service to obtain an Immigration Court order declaring him inadmissible. We represented him in the Immigration Court proceeding. We conceded his inadmissibility as a result of his controlled substance convictions, and obtained an order allowing him to withdraw his application for admission to the U. S., which had triggered the institution of the court proceeding. This meant that no order of removal was entered against him.

Since then, our client has entered the U. S. utilizing a waiver of inadmissibility. We have applied for 3 nonimmigrant waivers of inadmissibility on his behalf. We have supported the applications with substantial documentation which indicated that there would be no risk of harm to the U. S. if the waivers were granted, and that his reason for entering is beneficial to a U. S. business having U. S. employees. Each waiver application was granted for a period of 5 years. He has entered the U. S. on many occasions after the waivers were granted, all without incident and consistent with the purposes for which he was admitted.

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