Permission to Reapply Approved & Lawful Permanent Residence Status Granted

Immigration cases involving deportation and inadmissibility can often seem insurmountable, especially when dealing with long-term bans and barriers such as the "permanent" bar. However, with the right guidance and legal expertise, it's possible to overcome these hurdles and secure lawful permanent residence, even after facing deportation.

In the case of Matter of E.S.R. (2022), E.S.R., a native of Mexico, had been deported in the early 2000s after residing unlawfully in the United States. Despite facing the twenty-year bar and permanent bar due to his attempts to reenter the U.S. illegally, Alex successfully navigated the complicated process of securing “permission to reapply” for E.S.R. With Alex’s support, E.S.R. and his U.S. citizen spouse proved the bona fides of their marriage, received approval for the Petition for Alien Relative (“Form I-130”), and gained approval for the Form I-212 (Application for Permission to Reapply). After completing the process, E.S.R. was granted an immigrant visa and is now a lawful permanent resident of the United States.

“PERMISSION TO REAPPLY” APPROVED & LAWFUL PERMANENT RESIDENCE STATUS GRANTED Matter of E.S.R. (2022)

E.S.R., a native and citizen of Mexico, had been deported from the United States in the early 2000s after having resided unlawfully for several years. After he had attempted to reenter the United States illegally, he was subjected to expedited removal and returned to Mexico again. E.S.R. therefore found himself inadmissible for a period of 20 years pursuant to twenty-year bar of inadmissibility set out in section 212(a)(9)(A)(ii) of the Immigration and Nationality Act. And because of his attempt to reenter after having been unlawfully present in the United States for more than one year (and for his attempt to reenter after having been ordered removed), E.S.R. was also subject to what is known as the “permanent” bar set out in section 212(a)(9)(C)(i) of the Immigration and Nationality Act.

After having lived in Mexico for 10 years, E.S.R. finally become eligible to seek “permission to reapply” in conjunction with his application for permanent residence. After Alex explained in great detail the complicated application process, E.S.R. and his wife (the United States citizen who would petition for E.S.R.) confided in Alex to guide them all the way through to the end. Alex helped them prove the bona fides of their marriage, which allowed the agency to approve the Petition for Alien Relative (“Form I-130”) in short order; he made the case for why E.S.R. merited a favorable exercise of discretion in the adjudication of his application seeking permission to reapply, which helped ensure his Application for Permission to Reapply for Admission into the United States After Deportation or Removal (“Form I-212”) would be approved; and he helped guide E.S.R. and his wife through the U.S. State Department National Visa Center processing and made sure E.S.R. was well prepared for his interview. E.S.R. was ultimately issued an immigrant visa from the U.S. Consulate General in Ciudad Juarez, and he now resides with his family here in the United States as a lawful permanent resident.

If you or a loved one is facing immigration challenges such as deportation or inadmissibility, the Law Office of Alexander R. Vail is here to help you navigate the complexities of immigration law. Call us today at (725) 221-5998 or contact us online to schedule a free consultation. Let us guide you toward a successful resolution and help secure your future in the United States.