Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

A new case. The BIA is reversed and person is eligible for a Waiver:
Aliens who were not eligible for legal permanent resident status–but who unknowingly obtained that status through the criminal conspiracy of a former officer of the INS–were removable but were eligible to seek a waiver of inadmissibility under 8 U.S.C. Sec. 1182(k). BIA erred in construing the statute as precluding waiver based on alien’s possession of invalid visa.
Shin v. Holder

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