Friday, February 22, 2013

Nonimmigrant Waiver of Inadmissibility Approved

Our client is a native of India and citizen of Canada. He is a well respected businessman. Unfortunately, in the 1990s, two Removal Orders were issued against him finding him to be inadmissible to the United States for fraud and willful misrepresentation of a material fact. The underlying ground is a lifetime bar preventing admission to the United States. In addition, he was inadmissible to the United States for a period of 20 years as a result of the two Removal Orders.

In 2011, we applied for Permission To Reapply in order to eliminate the inadmissibility as a result of the two Removal Orders, and separately applied for a Nonimmigrant Waiver of Inadmissibility. Both applications were approved which enabled him to enter the United States as a nonimmigrant, but only for a period of one year, which is the usual length of time for which first waiver applications are approved. Our client again retained us to apply for a renewal of his Nonimmigrant Waiver of Inadmissibility. He was no longer inadmissible as a result of the two Removal Orders because permission to reapply had been granted. However, the inadmissibility for fraud remained. We prepared a second application for a waiver, along with our legal brief and written documentation indicating why the waiver should be granted by the Department of Homeland Security.

The waiver was approved for a period of five years, which is the longest period of time allowable for nonimmigrant waivers. Our client is now eligible to apply for admission as a nonimmigrant visitor for business and pleasure and to apply for admission as an Intra-Company Transferee, should he desire to expand his businesses in the United States.

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