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.