AAO 212(a)(9)(A)(iii) Waiver Victory

"The favorable factors in this case are the applicant's close family ties in the United States, his U.S. Citizen brother and Lawful Permanent Resident son; an approved 1-130 Petition; no evidence of a criminal record; a grant of voluntary departure; over 25 years have passed since the applicant was deported for having entered the United States without inspection; proof of automobile insurance; and the likelihood that the applicant may be found eligible for lawful permanent residence. The unfavorable factors include the applicant's immigration violations, deportation and reentry without inspection; the lack of hardship; and the applicant's unauthorized employment. The AAO finds that the applicant's reentry without inspection after being deported from the United States is serious in nature. Nevertheless, the AAO concludes that, taken together, the favorable factors in the present case outweigh the adverse factors, such that a favorable exercise of discretion is warranted. Accordingly, the applicant is eligible for a section 212(a)(9)(A)(iii) waiver of inadmissibility. ...  After a careful review of the record, it is concluded that the applicant has established that a favorable exercise of the Secretary's discretion is warranted. Accordingly, the appeal will be sustained." - Matter of X-, Dec. 29, 2011.  [Hats off to Mr. Camiel Becker of San Francisco!]