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

Deportation avoided despite inadmissibility of client

Published: Jul 28, 2010 8:50 am

Our client is a citizen of Bulgaria. He became a lawful permanent resident of the United States in 1997. Unfortunately, he never lived here and has only entered the United States since that time as a visitor.

During a recent inspection when he was applying for admission, it was discovered by USCBP that his primary residence and business was located in Bulgaria. As a result, Immigration Court proceedings were instituted against him to obtain a court order stating that he was inadmissible to the United States.

At this point we were retained. We explained to our client that to retain lawful permanent resident status, a person needed to have a principle residence in the United States, which the client lacked, and that the Immigration Judge would find him inadmissible to the United States and issue an order having a life of five (5) years, which would prevent his entry in any status for that time.

The first Immigration Court appearance was scheduled for approximately two months after our client had plane tickets to depart the United States so that he could attend to his Bulgarian business interests. We were able to obtain the consent of the attorneys for the Government and the Immigration Court to expedite the Court hearing so that he could return to Bulgaria.

At the hearing, we explained all of the facts and circumstances, including the fact that he was unaware that he needed to maintain his primary residence in the United States, and with the consent of the Government attorneys, he was allowed to withdraw his application for admission without the entry of a Court Order barring him from the United States.

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