We just obtained the release of our client from the custody of USCIS. Our client is a citizen of Pakistan and is the wife of a United States citizen that is employed as a
network engineer in Chicago.
Prior to her marriage our client had applied for political asylum in the U.S. Her application was denied by the Immigration Court
and subsequently appealed to the Board of Immigration Appeals. The Board of Immigration Appeals denied our
client’s appeal, and remanded the case back to the Immigration Court.
Our client then went to Canada and
applied for the Canadian version of asylum (Canadian Convention Refugee
Status). Canada allowed her into the country
while her application was being adjudicated, but did not legally admit her. While
in Canada she was scheduled for
another Immigration Court Hearing in the U.S. pursuant to the instructions
of the Board of Immigration Appeals.
our client was unable to attend it because if she left Canada her
Canadian asylum application would have been withdrawn. Because she failed to attend her Immigration
Court Hearing in the United States
she was Ordered Deported by the Immigration Judge.While in Canada she
married her husband who filed a petition with U.S. Citizenship and Immigration
Services to sponsor her for her Green Card.
The Petition was approved by USCIS.
Thereafter, our client applied for her Green Card visa at the U.S.
Consulate General in Montreal. With her application she filed a request that
she be allowed to return to the United States
as a Green Card holder despite the fact that she had already been ordered
deported, and requested a waiver of the underlying ground of inadmissibility
stemming from the fact that she had been in the United States longer than
authorized. After full disclosure of her immigration history, USCIS gave her
permission to return and granted her waiver on January 23, 2007.
In March, 2007, the U.S. Consulate General in Montreal issued our Client’s
Green Card visa to the Respondent, and on April 3, 2007, she presented herself
at the Buffalo POE of U.S. Customs and Border Protection and provided them with
the Green Card packet. USCBP then took
the position they would not admit her as a Green Card holder because our client
never legally left the United States
because she was never admitted to Canada, notwithstanding that fact
that she lived there for a period of approximately four years.
Because the Department took this position
they refused to admit our client as a Green Card holder, and took her into
custody so that they could deport her pursuant to the provisions of the Safe
Third Country Agreement that the United States has with Canada which requires the
U.S. to take people back that go to Canada from the United States and who have
not been legally “admitted” into Canada.
We were retained after our client was
taken into custody and we immediately entered into negotiations with the Buffalo,
New York Deputy Chief Counsel who arranged for the release of our client, and who
is joining in our motion to reopen our client’s Immigration Court case so that
she can apply for her Green Card in the United States, and not be forced to
leave the country while she is applying for it. Robert D. Kolken handled the
case for our firm.