Articles for the ‘Immigration Law’ Category

212(h) Waiver is More Limited

Friday, October 11th, 2013

212(h) waivers waive certain criminal convictions. These include crimes involving moral turpitude, multiple convictions, possession of 30 grams or less of marijuana, and prostitution. Inadmissibility may be waived in the case of an alien who demonstrates to the satisfaction of the Attorney General that 1) the activities for which he is inadmissible occurred more than fifteen years before the date of the alien’s application for a visa, admission, or adjustment of status; 2) the admission would not be contrary to the national welfare, safety, or security of the U.S.; and 3) the alien has been rehabilitated. The Attorney General may also waive the grounds of inadmissibility with regard to prostitution if the alien establishes to the satisfaction of the Attorney General that the alien’s admission would not be contrary to the national welfare, safety, or security of the U.S., and that the alien has been rehabilitated. Inadmissibility may be waived in the case of an alien who demonstrates that his removal from the United States would result in extreme hardship to his United States citizen or lawful resident parent, spouse, son, or daughter. In evaluating extreme hardship to a qualifying relative, factors to be considered include, but are not limited to: whether the qualifying relative has family ties to this country; the extent of the qualifying relative’s family ties outside the United States; conditions in the country of removal; financial impact of departure from this country; and significant health conditions, particularly when tied to an unavailability of suitable medical care in the country to which the qualifying relative would relocate.

Recently the Board of Immigration Appeals decided a case that limits when the 212(h) waiver can be used. For aliens who were admitted to the United States as lawful permanent residents, they can no longer use the 212(h) alone without being eligible for adjustment of status. Adjustment of status is when an alien is eligible to get their residency in the United States. The most common situation is when an alien enters on a visa and marries a U.S. Citizen. Not everyone who enters as a legal permanent resident is eligible for adjustment of status. Therefore, if you find yourself in a situation where you are in removal proceedings due to having been convicted of a crime. Please come see me for a free consultation.