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

NONIMMIGRANT WAIVER OF INADMISSIBILITY GRANTED FOR 5 YEARS UPON FIRST APPLICATION

Published: Feb 27, 2013 10:00 am

Our client is a Canadian citizen and a well respected and successful businessman. Years ago when he was a teenager, he was convicted of two minor offenses which the United States Government claims barred him for life from entering the United States. Because he had business and personal interests in the United States, he retained us to assist him.

We reviewed the situation and researched the law and came to the conclusion that he was not inadmissible to the United States. We had Immigration Court proceedings instituted for the purpose of having an Immigration Judge (IJ) determine his admissibility. After a trial, the IJ agreed with our position and entered an Order to that effect. The Government appealed the Decision to the Board of Immigration Appeals (BIA).

The BIA reversed the IJ and remanded the case to him with instructions limiting his ability to rule in our client’s favor. We had a second trial and the IJ ruled against our client in accordance with the Order of the BIA. This time we appealed to the BIA, and were successful on that appeal, and the BIA this time remanded the proceeding back to the IJ without limiting instructions. We had a third trial.

Again we were successful on our client’s behalf. The Government appealed the IJ’s Decision to the BIA and they again reversed.

At this point, we advised our client not to appeal the BIA Decision to the U.S. Court of Appeals for the Second Circuit, and advised him to apply for a Nonimmigrant Waiver of Inadmissibility and Permission to Reapply for Admission prior to the expiration of the five year life of the Order.

We prepared the Applications, supplemented them with appropriate documentary evidence, and wrote legal briefs on his behalf. The Admissibility Review Office (ARO) in Washington, DC approved the waiver for the longest period of time allowed under the law, namely 5 years.

It is unusual for the ARO to grant for the longest period of time upon the first application. The first grant is usually for one year. However, considering all of the facts and circumstances, the ARO may have found our arguments persuasive notwithstanding the last BIA Decision which was binding upon them. In addition, the ARO granted Consent to Reapply, which means that our client can apply for admission to the United States without having any further delays. Our client is pleased with the result.

Click here to see how we can help you.