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

Immigration Court Victory

Published: Jan 24, 2011 8:00 am

Our client is a Canadian citizen. He is a computer professional. Before we were retained, he was hired by a United States company which provides computer consulting services to Fortune 500 companies on a contract specific basis. Our client had been granted Trade NAFTA Professional status on three occasions by the Department of Homeland Security to perform such services.

When the client was between contractual assignments, he went to Canada to visit family and friends and then returned to the United States, utilizing his TN status. On one such occasion, he was denied entry and told that he had been committing fraud on prior occasions when he returned to the United States while he was in between assignments, and as a result, that he was inadmissible for life.

At this point, he was referred to our office by his Canadian lawyer. We investigated all of the facts and circumstances and came to the conclusion that the Department of Homeland Security has misapplied the law. We attempted to persuade the Department of Homeland Security to change their position, but they refused to do so.

We then had an Immigration Court proceeding instituted so that an Immigration Judge could determine his admissibility. We submitted numerous exhibits to the Immigration Court on his behalf to substantiate our position. We then went to trial, and after hearing all of the testimony and reviewing all of the exhibits which we had admitted into evidence, the attorney for the Department of Homeland Security agreed with us that her client had made a mistake. We then entered into a stipulation in open court agreeing that no fraud or willful misrepresentation of a material fact had been made.

The Immigration Judge, who also had heard all of the testimony and reviewed all of the exhibits, also agreed and issued a Court Order to that effect. As a result, the Department of Homeland Security can no longer deny our client admission to the United States on the basis of the alleged fraud.

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