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Attorney Vedder obtains a favorable decision from AAO granting US citizenship

Mr. Vedder recently received a decision from the Administrative Appeals Office, Washington, D.C., sustaining our client’s appeal of the denial of an application for a certificate of citizenship. The underlying case was remarkable as the applicant entered the United States as a child in the back seat of a car driven through the port of entry by smugglers. The child had no passport or visa and obtained no documentation that he was inspected and admitted. Notwithstanding, Mr. Vedder convinced USCIS to adjust his status to lawful permanent resident as an alien who was inspected and admitted under Matter of Quilantan (BIA 2010). In Quilantan the Board held that an alien seeking to show that he has been admitted to the U.S. need only prove procedural regularity in his entry, which does not require the alien be questioned by immigration authorities or be admitted in a particular status.

When our new LPR client applied for certificate of citizenship it was denied by the Orlando CIS Field Office on ground that as a conditional permanent resident applicant was not a permanent resident of the U.S. and not eligible for citizenship under section 320 of the Immigration and Nationality Act. Mr. Vedder appealed and in a recent decision the AAO sustained the appeal and determined that the applicant was indeed a citizen of the United States.

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