Fraud waiver approved in removal proceedings

Cynthia A. Irvine

Practice Area:Immigration

Outcome:After 5 year fight, client granted new green card

Description:Client had lied about his marital status when immigrating to the United States from Vietnam. Immigration later discovered this lie and put him into removal proceedings to take away his green card. We implored various strategies over the next 5 years to save him from deportation. First we got his mother her citizenship, but she did not speak English so we had to demonstrate her disbability and got the case approved. Immigration initially agreed to close the case to allow Mom's family based petition for her son to wait for a visa to become available. Later the government reversed its decision and moved to deport him again. We were able to find an old family petition filed by his U.S. citizen sister 15 years earlier that had a visa available and were able to re-adjust his status with a fraud waiver. The Immigration Judge granted the waiver based on extreme hardship to client's mother due to her disabilities.