14 Aug Stacking of Waivers Will Result in U.S. Citizenship
By: Flomy Diza
Due to his prior fraud and criminal history, our client needed multiple waivers to prevent deportation. But with his waivers now granted by an Immigration Judge, he is on his way to becoming an American citizen.
A recent client of Reeves Immigration Law Group (RILG), who we will refer to as “Piolo” to protect his privacy, was terrified of being deported to the Philippines. Piolo admitted that his potential deportation was all due to his own mistakes, but nevertheless, he was desperate to remain in the United States. And RILG is thrilled that we were able to assist him in obtaining the necessary waivers in Immigration Court.
Piolo entered the United States as a permanent resident (green card) more than 35 years ago. He was petitioned for his green card by his mother, who was a permanent resident herself at the time she filed the petition. The petition was approved, but only because Piolo misrepresented his marital status. Had Piolo truthfully disclosed that he was married in the Philippines, the petition would have been denied since green card holders are not permitted to file petitions for their married children. Piolo continued this lie about his marital status, telling a Consular Officer at the U.S. Embassy in Manila that he was single.
Piolo entered the United States in 1984 and has lived here ever since. But unfortunately, his mistakes were not limited to his misrepresentations prior to entering the country. He was also arrested and convicted of felony corporal injury to a spouse. These mistakes finally started to catch up to Piolo when he was placed in deportation proceedings. Piolo received conflicting advice from several different immigration attorneys before ultimately consulting with RILG and Attorney Flomy Diza.
Attorney Diza, a Senior Partner of RILG, explained to Piolo that he was deportable from the United States for two reasons – his prior misrepresentations about his marital status, and his criminal history. Attorney Diza also explained, however, that he was eligible for two different waivers. And that these waivers, if granted, would not only allow Piolo to keep his green card, but would also give him the chance of becoming an American citizen. Attorney Diza told Piolo that he would happily accept the challenge of representing him in deportation proceedings.
Attorney Diza first argued that Piolo was eligible for a waiver under Section 237(a)(1)(H) of the Immigration and Nationality Act. This law allows an Immigration Judge to waiver certain misrepresentations that were made at the time of a person’s admission to the U.S. Attorney Diza was able to successfully convince the Immigration Judge that Piolo deserved a waiver as a matter of discretion due to his family ties in the U.S.; his residence in the U.S. for more than three decades; his stable employment history; and the hardship that his wife would suffer if he was deported to the Philippines.
Next, Attorney Diza needed to resolve the issues surrounding Piolo’s conviction for domestic violence. Since this is a criminal offense that subjects a person to deportation, Attorney Diza submitted an application on Piolo’s behalf for Cancellation of Removal for Permanent Residents. Attorney Diza again presented strong legal and factual arguments to the court in Piolo’s favor, arguing that a stacking of waivers was permitted since Piolo’s conviction was not until after his misrepresentation.
RILG is now proud to stay that Piolo was granted all his required waivers by an Immigration Judge. In addition to being given a second chance to live with his wife and enjoy his retirement in the United States, Piolo can also now realize his dream of becoming an American citizen. Attorney Diza said the following about Piolo’s successful case, “we are happy to help all of our clients, but it is a little more special when we are able to prevent a family from being separated.”