Waiver granted for client who entered the United States as the unmarried son of a U.S. citizen but was in fact married at the time. Client stays a lawful permanent resident and can now apply for his U.S. citizenship.
Filed under: Immigration Attorney | Tagged: 212(h) waiver, criminal waiver, waiver, win brian lerner | Leave a comment »
Filed under: waiver | Tagged: 212(h) waiver, criminal waiver, Immigration, Immigration Attorney, Immigration Lawyer, Visa Waiver, waiver, waiver of inadmissibility, Waivers, Waivers of Inadmissibility, win brian lerner | Leave a comment »
In a precedent decision issued today, the BIA held that a respondent who adjusted status inside the U.S., and who did not enter as an LPR, is not barred from establishing eligibility for a waiver of inadmissibility under INA §212(h). In so doing, the BIA withdrew from its previous decisions on the topic, aligning its holding with that of nine circuit courts who have held that the plain language of §212(h) precludes immigrants from establishing eligibility for relief only if they lawfully entered the U.S. as permanent residents and thereafter committed a removable offense for which a waiver is required.
Filed under: Immigration Attorney | Tagged: 212(h), 212(h) waiver, Adjustment of Status, BIA, board of immigration appeals, waiver, waiver of inadmissibility | Leave a comment »
Bia deference given to particulary serious crime
Filed under: BIA | Tagged: 212(h), 212(h) waiver, Adjustment of Status, BIA, board of immigration appeals, waiver, waiver of inadmissibility | Leave a comment »
Alien who procured his admission for permanent residence by fraud or misrepresentation could not obtain a waiver of inadmissibility under Sec. 212(h) of the Immigration and Nationality Act, since alien was inspected and authorized to enter the United States before he was convicted of an aggravated felony. Term “previously been admitted” in Sec. 212(h) refers to a procedurally regular admission and not a substantively lawful admission.
Sum v. Holder – filed April 23, 2010
Law Offices of Brian D. Lerner, APC
Filed under: 212(h) | Tagged: #212(h), 212, 212(h), 212(h) waiver, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 