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

Immigration Judge's Waiver Denial Overturned by BIA

Published: Jul 24, 2007 By: Matthew L. Kolken Source: My Source

The Board of Immigration Appeals has reversed the denial of a waiver application on behalf of our client, a citizen of Canada .  Our client is inadmissible to the United States as a result of a conviction that occurred in 1997.  The Canadian sentencing recommendation report from the conviction refers to our client's crime as "low end" and there was no physical injury relating to the assault.  It is our client's only conviction, and he was not required to serve any jail time for the offense.

Since the conviction, our client has started a successful business in Canada that requires him to enter the United States to service his clients.  He is married, and has a daughter who is going to professional school in the United States.  He would also like to be able to visit his daughter while she is in school, as well as attend her graduation.

The Immigration Judge found that despite the fact that our client had paid his dues, and has no other blemishes on his record, either before or after, that he was a high risk to re-offend, and denied our client's waiver application.  This finding contradicted the probationary reports submitted at trial that evaluated our client as being a minimal risk to re-offend.

The Board of Immigration Appeals agreed with our argument that the Immigration Judge committed serious errors of law in denying the waiver, and vacated the Judge's denial.

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