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

District Director Decision Overturned by AAO

Published: Apr 30, 2007 By: Robert D. Kolken Source: My Source
The Administrative Appeals Office (AAO) of USCIS sustained an appeal we filed on behalf of a Canadian citizen who is married to a United States citizen.  He had been denied adjustment of status to lawful permanent resident as a result of a conviction in Canada in 1995 of theft of mail. 

We had taken the position that a precedent decision of the Board of Immigration Appeals held that a conviction for theft in Canada was not necessarily a crime involving moral turpitude because the Canadian statute proscribes temporary takings, as well as, permanent takings.  Our client’s record of conviction did not specify whether a temporary or permanent taking was involved. 

The Administrative Appeals Office ruled that our client was admissible to the United States and did not need to file an application for a waiver of inadmissibility.  As a result, our client is eligible for a green card.

Click here to read the full decision. 

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