In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent, who was unaware that her mother obtained her permanent resident card through fraud prior to sponsoring her for an immigrant visa, was eligible for a waiver under INA 212(k) as a matter of law and discretion. The Board concluded that the respondent’s eligibility for a waiver depended on her state of mind when she initially applied for admission using an immigrant visa, not when she re-entered the country as a returning LPR, and that her failure to alert authorities that her green card may have been obtained fraudulently was not an adverse discretionary factor. The decision was written by Member Linda Wendtland and joined by Member Anne Greer and Member Roger Pauley.