What You Should Know About 212(h) Waivers in New York

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What You Should Know About 212(h) Waivers in New York

The United States takes legal residency very seriously. Immigrants may lose the opportunity to if they receive a criminal conviction. The 212(h) waivers can be used by those with criminal records that are trying to obtain a Green Card. If you are in this situation, do not hesitate to reach out to our experienced New York immigration attorneys. Our legal team is committed to ensuring that you have all of the support you need throughout this process. Continue reading to learn more about 212(h) waivers.

What are 212(h) waivers in New York?

This waiver is used to help those who have been convicted of a crime keep a Green Card. The waiver is completed on Form I-601. Additionally, the applicant must be able to show that the individual would face severe hardship to a parent, child, or spouse if they were forced to leave the United States. It is important to note that the applicant must show that the parent, child, or spouse is a citizen of the United States or a lawful permanent resident. Factors that can be considered include the length of their residence in the country, family ties, the hardship to them if they are not allowed to stay, the hardship to their family if they cannot stay, and their employment history. Additionally, they will look into the country that the individual would be coming back to and their potential for rehabilitation.

Can I apply for a Green Card with a 212(h) waiver?

As long as you have never been in removal proceedings and you have a criminal conviction, you will be able to apply for a green card with a 212(h) waiver. If the 212(h) waiver is denied by immigration, you may be placed into removal proceedings.

Who can qualify for 212(h) waivers?

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 are can be qualified for a 212(h) waiver. Individuals who were convicted 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.

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