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Attorney Famuyide Wins Waiver of Inadmissibility For Barred Canadian And Secured Entry To The U.S.

Waiver_Application_Approved-600x450-optThe successes recorded by Attorney Famuyide in the field of immigration in the past 20years, spread across nations. Few weeks ago, Attorney Famuyide recorded another unprecedented victory to cancel the ground of inadmissibility against a Canadian barred from entering the United States.

It all started about 13years ago when the immigrant attempted to enter the United States and was turned back and deported from the Airport as a result of an alleged visa fraud allegedly committed by the immigrant. At that time, the immigrant was not a citizen of Canada.

Subsequent to that incident, all efforts to obtain visa to enter the United States proved abortive. The immigrant filed cases, requested for review, contested the allegation, but the U.S. Consulate abroad would not issue the immigrant any visa to enter the U.S. even after the 5years statutory period.

Eventually, the immigrant migrated to the Canada and became a Canadian. Notwithstanding the privilege granted to Canadians to enter the United States without visa, the Department of Homeland Security would not allow this immigrant entry to the United States due to this age-long ground of inadmissibility.

After this immigrant was turned back from visiting the United States by the Customs and Border Patrol agents couple of times, she was introduced to Attorney Famuyide for help.

It must be noted that there is a waiver provision in the Immigration & Nationality Act that allows a violator to get out of such hook. Even though the Law provides under Section 212(a)(6)(C)(i); that Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible, there is also provision for waiver in the Immigration and Nationality Act.

It must be noted that there is provision for waiver of inadmissibility for fraud or misrepresentation for aliens seeking admission as immigrants and non-immigrants. The requirements for both differ. Apart from the provisions of the law, the U.S. Foreign Affairs Manual speaks to the what a non-immigrant must show before waiver could be granted to allow him or her enter the United States as a visitor or in any other non-immigrant status after the commission of immigration fraud or willful misrepresentation.

According to the U.S. Foreign Affairs Manual, the standard for a non-immigrant visa waiver is significantly more lenient than the I-601 immigrant visa waiver standard. Based on the case precedent of Matter of Hranka, The Foreign Affair Manual (FAM) has reiterated the standard as follows:

“a) The consular officer may recommend an INA 212(d)(3)(A) waiver for any non-immigrant whose case meets the criteria of N2 FAM 40.301 and whose presence would not be harmful to U.S. interests. Eligibility for a waiver is not conditioned on having some qualifying family relationship, or passage of some specified amount of time since the commission of the offense, or any other special statutory threshold requirement. The law does not require that such action be limited to humanitarian or other exceptional cases. While the exercise of discretion and good judgment is essential, you may recommend waivers for any legitimate purpose such a family visits, medical treatment (whether or not available abroad), business conferences, tourism, etc.

b) The consular officer should consider the following factors, among others, when deciding whether to recommend a waiver:

  1. The recency and seriousness of the activity of condition causing the alien’s inadmissibility;
  2. The reason for the proposed travel to the United States; and
  3. The positive or negative effect, if any, of the planned travel on U.S. public interests.”

In applying for this waiver, the immigrant is required to support these three grounds with documentary evidence to convince the reviewing officer to approve the waiver and allowed entry.

In this case, Attorney Famuyide used the aggregate of numerous favorable factors to trump the negative factors in this case. Attorney Famuyide laid emphasis on the level of education of the immigrant, the age of the alleged offense, church membership, home ownership, awards and charitable works to name a few.

At the end Attorney was able to convince the Customs & Border Patrol Agency to waive the violation. The case was approved. Attorney Famuyide won again to the delight of this jubilant immigrant.

This article is for your information only; it should not be substituted for legal advice which can only be given by your attorney after evaluating your case. If you need legal advice, please feel free to contact Attorney Joseph Famuyide at 718-647-6767 or send email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

 

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2750 Atlantic Avenue, Suite 100, Brooklyn New York 11207

718-647-6767

Fax 718-647-6777

Email: jfamuyide@aol.com