What Is a 212(h) Waiver?

People come to the United States for a variety of reasons. In order to stay here as a lawful permanent resident, immigrants are required to obtain a green card. However, there are different ways this opportunity can be lost, such as if the applicant has or receives a criminal record. Continue reading to learn more about what you can do in these situations.

A 212(h) waiver exists to help individuals get or keep a green card in the event that they were convicted of a crime. The waiver is done on a form I-601. When filing it, the applicant must show that it would be an extreme hardship to a parent, child, or spouse who is either a citizen of the United States or a lawful permanent resident if they were to leave the country and they deserve the waiver. Once this is done, the judge or immigration service can look into the situation to see if they should be allowed to stay in the United States. Factors that can be considered can include their length of residence in the country, family ties, the hardship to them if they are not allowed to stay, the hardship to their family if they are not allowed to stay, and employment history. In addition to this, they will also look into the country the individual would be returning to and their potential for rehabilitation.

Those who can qualify for a 212(h) waiver are individuals who have never been in removal proceedings, have a criminal record, and are eligible for a green card outside of having a criminal record. It is important to know that if the waiver is denied by immigration, the applicant can be placed into removal proceedings. Individuals who were convicted of any of the following crimes may be able to get a 212(h) waiver:

• Crimes involving moral turpitude
• Convictions for two or more offenses for which the aggregate sentence was 5 years or more
• Engaging in prostitution or procuring prostitutes
• Involvement in serious criminal activity where immunity from prosecution was asserted
• A single offense of simple possession of 30 grams or less of marijuana

Katona & Associates, PLLC is an experienced, highly dedicated New York City immigration law firm located in lower Manhattan. Our firm works with clients in all matters of immigration law, including employment immigration, family immigration, deportation defense, green cards, and citizenship. Contact us to discuss your case and get the help you need.