Thursday, May 29, 2008

AAO I-212 Appeal Successful - Denial from Athens, Greece (Lebanon)

AAO: relocating to Lebanon would be extreme hardship

"In light of the applicant's son's medical history during his past visits to Lebanon, the AAO finds that applicant's spouse's concerns regarding his medical problems would result in extreme emotional hardship for her should she relocate to Lebanon. Moreover, it finds the security situation in Lebanon, as set forth in the record, and the recent Department of State traveling warning, to establish an additional basis for a finding of extreme hardship in the event that the applicant's spouse joined him in Lebanon." Matter of X-, Jan. 9, 2008.

See www.bibdaily.com for link to PDF of AAO decision.

Yet Another AAO I-212 Appeal Successful

AAO waiver victory

"The favorable factors in this matter are the applicant's family ties to a lawful permanent resident and United States citizens, her husband and children, general hardship they may experience, letters of reference, payment of taxes, no criminal record, and her numerous attempts over the years to legitimize her status through TPS, asylum, and NACARA. While the applicant has been unable to adjust her status to a lawful permanent resident, her various legitimately filed applications have afforded her a status which allowed her to live and work in the United States. The AAO notes that the applicant's marriage to her husband occurred after her order of deportation and is an after-acquired equity. As an after- acquired equity this factor will be given less weight. The AAO finds that the unfavorable factors in this case include the applicant's initial entry without inspection and her failure to abide by an order of removal. While the applicant's actions cannot be condoned, the AAO finds that given all the circumstances of the present case, the applicant has established that the favorable factors outweigh the unfavorable factors, and that a favorable exercise of the Secretary's discretion is warranted." Application for Permission to Reapply for Admission into the United States after Deportation or Removal under Section 212(a)(9)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9) (A)(iii); Matter of X-, Feb. 5, 2008.

See www.bibdaily.com for link to 5 page PDF of AAO decision.

Another AAO I-212 Appeal Successful

AAO I-212 victory: San Antonio

The favorable factors in this matter are the applicant's U.S. citizen son, the absence of any criminal record, letters of recommendation and her approved immigrant visa petition. The AAO notes that the approval of the applicant's immigrant visa petition occurred after the applicant was ordered removed, and is an "after acquired equity." Any favorable weight derived from it must, therefore, be accorded diminished weight. The AAO finds that the unfavorable factors in this case include the applicant's failure to comply with an order of voluntary departure; her failure to comply with an order of removal; and her illegal entry into the United States after having been removed. While the applicant has multiple immigration violations that cannot be condoned, the AAO finds that, given all of the circumstances, the applicant has established that the favorable factors in the present case outweigh the negative and that a favorable exercise of the Secretary's discretion is warranted. Accordingly, the appeal is sustained." Matter of X-, Jan. 2, 2008.

See www.bibdaily.com for link to PDF of AAO decision.

AAO I-212 Waiver Appeal Successful

AAO I-212 victory

"Although the AAO notes the multiple unfavorable factors identified by the director in his decision, it finds there is only one unfavorable factor in this case, the applicant's failure to depart the United States immediately after the BIA issued its April 23, 2004 decision. In a separate proceeding, the AAO has found that the applicant did not accrue sufficient unlawful presence in the United States to render him inadmissible under section 212(9)(B) of the Act. In this same proceeding, it also determined that the applicant had not overstayed his B-2 nonimmigrant visa and had not worked in the United States without authorization. While the applicant's failure to depart the United States immediately following the BIA's decision cannot be condoned, the AAO finds that, given all the circumstances of the present case, this failure is outweighed by the favorable factors previously noted and that a favorable exercise of the Secretary's discretion is warranted. Accordingly, the appeal will be sustained and the application will be approved." Matter of X-, Feb. 12, 2008.

See www.bibdaily.com for link to PDF of 5 page opinion by AAO.