USCIS Approves I-212 Waiver For Alien Previously In Deportation/Removal-Favorable Factors Outweigh N

The USCIS Administrative Appeals Office’s January 2, 2008 ruling approved an I-212 Application for Permission to Reapply for Admission Into The United States After Deportation or Removal under section 212(a)(9)(A)(iii) of the INA for an alien based on green card sponsorship by her U.S. citizen son.

The alien, a native of Mexico, had previously been placed in deportation proceedings, granted voluntary departure, failed to leave resulting in a deportation order against her. She was ultimately removed but reentered illegally several years later and applied for green card sponsorship through her son who submitted I-130/I-485 petitions on her behalf. She also submitted an I-212 waiver application in connection with her prior deportation/removal.

The AAO approved the application after weighing issues of moral character. The applicant had no criminal record, letters or recommendation from co-workers friends and neighbor indicated that she is a hard-working and reliable person who is a good mother to his son. Furthermore, the AAO noted in considering the waiver application that the alien had been a victim of fraud by an attorney who was stealing money from immigrants in the 1980s. [Read the entire I-212 waiver application decision]