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.