Thursday, May 29, 2008

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.

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