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Another win for the Law Offices of Brian D. Lerner

Lawful Permanent Resident granted stand-alone 212(h) waiver after 10 years in Immigration Court.  Client was placed in removal proceedings after returning to the U.S. from a trip abroad because of several California theft convictions.  Client also had previous theft/fraud convictions and an order of deportation.

3rd Circuit makes it harder to get around aggravated felony bar

The Third Circuit upheld the BIA’s decision and denied the petition for review, finding that an immigrant who is admitted as a lawful permanent resident on a conditional basis (“conditional LPR”) qualifies as “an alien lawfully admitted for permanent residence” for purposes of the aggravated felony bar under INA §212(h).

BIA Finds LPR Who Adjusts Status in U.S. Is Not Barred from §212(h) Waiver

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.

§212(h) Aggravated Felony Bar Cases in 1st or 8th Circuits

All but two federal circuit courts have rejected Matter of Koljenovic: The 8th Circuit upheld the BIA, and the 1st Circuit has not ruled.

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