1212 was denied the Director Center and Administrative Appeals Office AAO on appeal appeal will be sustained and the application The applicant a native entered the lawful admission September 6 ID: 854756
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1 Reapply for Admission into the States af
Reapply for Admission into the States after or Removal (Form 1-212) was denied the Director, Center and Administrative Appeals Office (AAO) on appeal. appeal will be sustained and the application The applicant a native entered the lawful admission September 6, 10, 1987, the applicant filed an Application for Asylum of Removal (Form 1-589) with the Immigration and Naturalization Service and Immigration Services (CIS)). 3 1, 1988, his 1-589 was denied and an Show Cause for a hearing before an immigration judge was issued on April August 16, immigration judge found the applicant deportable 241(a)(2) the Immigration and Act) for having entered the United without inspection and granted until August 17, 1989, in lieu of deportation. to surrender for 17, 1989. The applicant's failure the Unite
2 d on or before August 17, 1989, changed
d on or before August 17, 1989, changed the departure order to of deportation. October 24, 1989, a Warrant of Removal/Deportation (Form 1-205) issued. The and as self deported. The record applicant reentered United States in November lawful admission or parole and without for admission, section 276 Act, 8 5 1326 (a received Temporary Protected Status (TPS), issued Employment from 2001 to date. The applicant is of an approved Immigrant Petition for Alien Worker (Form The applicant is inadmissible pursuant 212(a)(9)(A)(ii) Act, 8 5 1182(a)(9)(A)(ii). He seeks permission reapply for United States under section 212(a)(9)(A)(iii) Act, 8 U.S.C. 5 1182(a)(9)(A)(iii), in order remain in reside with spouse and citizen children. The Director determined that the unfavorable factors applic
3 ant's case outweighed the favorable and
ant's case outweighed the favorable and denied 1-2 12 accordingly. See Director's Decision dated October 1,2004. Section 212(a)(9)(A) states in (A) Certain aliens previously removed.- (ii) Other aliens. alien not described clause (i) ordered removed under or any provision of law, (11) United States order of removal was outstanding, and seeks admission years of date of alien's departure or removal (or 20 years of such or subsequent any time in the aliens convicted of aggravated felony) Page 4 callous conscience [toward the violation of immigration laws] . . all other when the cause of deportation has been removed and the now appears eligible for issuance of a visa, the factor should not be considered. decision, the Director determined the applicant's reentry outweighs all favorab
4 le factors and denied the the favorable
le factors and denied the the favorable factors this case are the in the citizen children, 1-140, the absence of criminal record, the fact has filed tax returns, as required by law, the potential hardship to his family, the favorable attesting to his character and the fact that and was issued EADs since 200 the unfavorable factors this case include the applicant's initial entry without failure to depart the United States after granted voluntary departure, his reentry the applicant's actions cannot be condoned, AAO that given all the circumstances applicant has established the favorable factors outweigh the unfavorable factors, and that a favorable exercise Secretary's discretion warranted. Accordingly, the be sustained application approved. ORDER: is sustained the application approve