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

Waiver of Inadmissibility Granted

Published: Nov 4, 2010 3:50 pm

Our client is a native of Pakistan and citizen of Canada. He came to the United States with a visitor’s visa in the 1980’s when he was a Pakistani citizen and then overstayed. Eventually, he was apprehended and Immigration Court proceedings were instituted against him, and he was ultimately able to obtain a grant of Voluntary Departure in lieu of an Order of Deportation.  However, he did not depart when he was required, and as a result, the Voluntary Departure Order automatically con-verted to an Order of Deportation.

Years later, he left the United States and entered Canada. Shortly thereafter, he re-entered the United States by walking across one of the bridges connecting the United States and Canada, without being inspected by U. S. immigration. Later that day he was apprehended by the U. S. Border Patrol and returned to Canada.

A month or two later he re-entered the United States as a fully visible back seat passenger in an automo-bile operated by a friend, which stopped for inspection at a checkpoint on the U. S. – Canada border. He remained in the U. S. for two years and then returned to Canada with his wife and family, where he has resided ever since.

We were retained for the purpose of having the client re-admitted to the United States in conformance with our laws. Upon investigation of the case, we determined that his wife is a U. S. citizen. We had her petition for him as an immediate relative, which petition has been approved.

Unfortunately, the client is inadmissible to the United States for life because he was unlawfully present in the United States for more than one year, as well as being ordered deported, and re-entered the United States without being inspected and admitted. He is unable to apply for an immigrant waiver to utilize his wife’s approved petition until he has been outside of the United States for 10 years, which has yet to elapse.

Notwithstanding, he is eligible to apply for a Nonimmigrant Waiver of Inadmissibility which will allow him to visit the United States and for other valid nonimmigrant purposes, if approved. We carefully prepared an application for a waiver and supported the same with a legal brief and appropriate documentation to persuade U. S. Customs and Border Protection to approve the same.

The waiver has now been granted and the client is able to enter the United States as a visitor from time to time while he waits for 10 years to elapse so that he may apply for an immigrant visa along with an application for an immigrant waiver.

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