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

Immigrant Waiver Granted and Green Card Approved for Canadian Citizen

Published: Jan 28, 2010 7:00 am

Our client is a citizen of Canada. Unfortunately, she was inadmissible to the United States for life as a result of have two convictions for theft related crimes in Canada almost 20 years ago.

Because she wished to visit the United States like any other Canadian citizen, we prepared and filed an Application for a Nonimmigrant Waiver of Inadmissibility, with appropriate supporting documentation, to allow her to enter the United States as a visitor. The waiver was granted, and she was allowed to enter the United States with the issuance of a six month Arrival/Departure Record (I-94).

While in the United States, she met a United States citizen who subsequently became her husband, and the couple decided to make their home in the United States. Her nonimmigrant waiver approval did not allow her to live permanently in the United States.

To solve the problem, we prepared and filed her husband’s Petition for Alien Relative on her behalf, her Application for Permanent Residence, and an Application for Immigrant Waiver of Inadmissibility, all with voluminous supporting documentation showing the bona fides of the marriage, and that the granting of the immigrant waiver would not be contrary to United States national welfare, safety, or security, and that our client had been rehabilitated.

It was not necessary to prove that her United States citizen spouse would suffer extreme hardship if the waiver was not approved because the crimes of which she had been convicted occurred more than 15 years before the submission of the application. All applications were approved.

The client was granted Lawful Permanent Resident status. The grounds of inadmissibility are now permanently waived, unless she should lose her Lawful Permanent Resident status. The couple is living happily in sunny California.

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