BIA appeal for 212(k) waiver

Did not receive Green Card properly

Our client hired us after she was placed in removal proceedings for obtaining her green card improperly.  It was alleged that she engaged in fraud when she entered the United States on an immigrant visa knowing that her husband had passed away.  Although our client should not have been able to enter as a lawful permanent resident at the time, we argued that she did not knowingly commit fraud or make a material misrepresentation.  The case was set for a hearing on the issue.  After hearing testimony and considering our evidence and arguments, the Immigration Judge wrote a lengthy decision ruling that although our client was subject to removal she did not commit fraud or make a material misrepresentation.  The Judge’s finding allowed us to file a 212(k) waiver on our client’s behalf.  This little known waiver was applicable because our client, although inadmissible, was not aware she was inadmissible at the time she entered the US and could not have known through the exercise of due diligence. 

First time hearing

The Judge set the case for a hearing on the 212(k) waiver.  This was his first hearing where a 212(k) waiver was requested.  After hearing the testimony, the Judge issued an oral decision denying the waiver request finding among other things that our client was not worthy of an exercise of discretion because she lied at her citizenship interview.  We challenged the Judge’s decision in a lengthy brief filed with the Board of Immigration Appeals.  In June 2014, we received a decision from a three-member panel of the Board of immigration Appeals agreeing with us and sustaining the appeal.  The Board concluded that the 212(k) waiver was warranted.  The impact for our client is that she retains her lawful permanent resident status as of the date it was granted notwithstanding the fact it was granted in error.

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