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Thursday
Aug262010

I-192 Waiver Approved

We recently received notice of approval of a Form I-192, Application for Advance Permission to Enter the U.S. as a Nonimmigrant, on behalf of a client inadmissible due to several convictions of crimes involving moral turpitude (“CIMT”). 

As a young man, our client became involved with the wrong crowd, which led to his involvement in a serious and complex criminal situation.  Our client was convicted of several serious crimes over 30 years ago, including: conspiracy to commit murder; arson; aggravated assault; extortion; explosion; and conspiracy to possess stolen property.  He was sentenced to 17 years in prison, of which he served 5 years before being released on parole. 

Upon his release from prison, our client began to rebuild his life and make amends for his previous actions, which were committed as an immature young man.  He began volunteering at a local hospital.  He also started a new career in real estate and began donating large amounts of his income to local charities. 

In support of his I-192 waiver application, we prepared a detailed legal brief addressing each of the three (3) factors to be considered when adjudicating these applications: 

(1)   The risks of harm in admitting the applicant;

(2)   The seriousness of the acts that caused the inadmissibility; and

(3)   The importance of the applicant’s reasons for seeking entry. 

See Matter of Hranka, 16 I. & N. Dec. 491 (BIA 1978). 

In this particular case, our brief emphasized the length of time since the underlying criminal acts, which was over 30 years ago.  We also emphasized and documented our client’s demonstrated and successful rehabilitation over the past 30 years, during which he has had absolutely no legal problems.  We also pointed out that our client is now a man of advanced age who has absolutely no ties to his past behavior.  Although extremely seriousness in nature, our client took full responsibility for his actions and paid his debt to society.  Finally, we explained that our client would like to visit the U.S. for personal reasons, including visits to his family members that reside in the U.S. and for purposes of traveling to the warm climates of the southern U.S. during the winter. 

Based upon these factors, our client’s waiver application was approved and he can now apply for admission to the U.S. as a visitor for pleasure. 

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