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

IMMIGRATION COURT PROCEEDINGS CANCELLED

Published: Dec 3, 2012 8:00 am

Our clients are natives and citizens of Pakistan. Several years ago they obtained “green cards,” but never established residence in the United States. They have come as visitors on several occasions however. On their last trip to the United States, they entered Canada for a short visit. On their way back to the United States, they were inspected at the border. It was determined that they had never established residence in the United States after they became permanent residents. As a result, Immigration Court proceedings were instituted against them and they were allowed to reenter the United States as parolees.

At this point we were retained. Our clients informed us that they no longer desired to live in the United States permanently. We explained that U.S. permanent residence was not necessarily permanent when granted. You either use it or you lose it. They did not wish to remain in the United States until their Immigration Court proceedings were scheduled.

We arranged for them to return to the Port-of-Entry for the purpose of formally relinquishing their lawful permanent resident status, and arranged with the Office of Chief Counsel to have the Immigration Court proceedings cancelled without filing the charging documents in the Immigration Court.

As a result, an Immigration Judge did not have to approve the cancellation of the proceedings and they were not ordered removed from the United States, which would have resulted in their inadmissibility for five (5) years. Appropriate computer entries were made so that the clients will be able to enter the United States in the future so long as they are otherwise eligible.

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