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

FIFTH NONIMMIGRANT WAIVER OF INADMISSIBILITY APPROVED DESPITE CONVICTION

Published: Jul 9, 2014

Our client is a Canadian citizen and well respected businessman.  Many years ago, he was convicted of sexual assault, for which he is barred for life from entering the United States.  Eight years ago, through other counsel, he applied for a nonimmigrant waiver of inadmissibility so he could visit business clients in the United States, which application was denied. 

We were then retained and had Immigration Court proceedings instituted in order to renew the denied application before an Immigration Judge.  We were successful after a hotly contested trial in which the Immigration Judge granted the waiver.  Six years ago, our client was granted his first nonimmigrant waiver.  Since that time, we have had waivers approved on his behalf on an annual basis.

Prior to the expiration of our client’s last waiver, we prepared an Application, supplemented with appropriate documentary evidence, and wrote a legal brief on our client’s behalf.  The Admissibility Review Office (ARO) in Washington, D.C. approved the waiver for a period of one year.

It is becoming increasingly unlikely for the ARO to grant nonimmigrant waiver applications filed by individuals with convictions for sexual offenses.  However, considering all the facts and circumstances, including that the conviction was a result of an isolated incident, that our client accepted responsibility for his actions, that he was rehabilitated, and that an Immigration Judge ordered that the waiver be granted notwithstanding a prior denial, the ARO again found our arguments persuasive.  Our client can apply for admission to the United States without delay.

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