In a recent AAO Decision from February 26, 2016, the AAO dismissed an appeal of an I-601 waiver finding the waiver to be moot because the Applicant was actually not inadmissible despite 5 felony convictions.
In a decision dated November 7, 2014, the Director determined that the applicant failed to he had been rehabilitated or that his qualifying relative (USC spouse) would suffer extreme hardship upon his removal.
On appeal the applicant argued that the criminal convictions occurred more than 15 years ago and therefore he need not show extreme hardship to a qualifying relative.
The AAO did not address the Applicant’s arguments because they found the waiver to be moot because the applicant was actually not inadmissible under INA §212(1)(2)(A). The AAO arrived at this decision by applying the categorical approach to the Florida statutes under which the applicant was convicted.
FULL ARTICLE: AAO Decision Holds 5 Felony Convictions Are Not CIMT’S