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

Motion to reopen granted and waiver approved

Published: Apr 11, 2011 2:15 pm

Our client is a native of Nigeria and citizen of Canada, who had previously resided in the United States in student status. His immigration history is as follows:

Over 20 years ago he was convicted of U.S. passport fraud as a misdemeanor and was sentenced to six months of unsupervised probation. His father had passed away in Nigeria and he wanted to attend the funeral and be able to return to the United States and so he applied for a U.S. passport and was caught.

Fourteen years ago, an Immigration Judge ordered him excluded and deported him from the United States.

Eleven years ago he self-deported to Canada as a landed immigrant and has since become a Canadian citizen. He has resided continuously in Canada for the last 11 years.

Four years ago we were retained for the purpose of applying for a nonimmigrant waiver of inadmissibility on his behalf for the purpose of visiting his family in the United States from time to time.

As a result of the aforementioned our client was inadmissible to the United States for fraud, which is a lifetime bar, for 10 years because of his Order of Exclusion, and for 10 years due to his unlawful presence of one year or more.

We prepared a legal brief in support of the application and submitted various documents in support of the same. U.S. Customs and Border Protection approved his nonimmigrant waiver for multiple entries valid for one year for business and pleasure.

After the year had elapsed, he applied for a renewal of the waiver on his own. He was informed by the Admissibility Review Office of U.S. Customs and Border Protection that he also was required to file an Application for Permission to Reapply prior to the expiration of the 10 year life of the Order of Exclusion. He had resided in Canada for 9 ½ years at the time. He complied with their request, but his waiver application was denied.

At this point we were retained. We immediately filed a Motion To Reopen setting forth all of the facts and circumstances and advising the Admissibility Review Office that he was no longer inadmissible for either unlawful presence or the Order of Exclusion because he had now been out of the United States for more than 10 years.

Twelve days later his nonimmigrant waiver of inadmissibility, because of his passport fraud, was approved for multiple entries valid for three years.

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