212 h waiver

To help you better understand h waivers, our California immigration lawyers discuss the following, below:. They are:. It is important to keep in mind that h waivers are discretionary. This means that even if an alien qualifies for relief, 212 h waiver, it will not necessarily be granted.

So half of our filing is dedicated to arguing case law, statutory intent, record of proceeding for the conviction s , etc. The other half of our filing is dedicated to showing the adjudicator that our client is human and has made mistakes for which he or she is regretful. We also include a discretionary argument since a waiver is a discretionary benefit the adjudicator does not have to approve the case even if the foreign national meets all of the factors under the law. But merely stating the above in an affidavit or declaration is never enough. We have to prove it through documentation. This is the challenging part of waiver cases.

212 h waiver

Even if you are deportable because you were convicted of one of the following crimes, you may still be eligible for a h waiver:. He had a tremendously complicated case, yet they were able to reopen it by the BIA and follow through to finish by acquiring a green card for him. His attorney was Jennifer Rozdzielski. She is highly ethical, professional, trustworthy, and attentive. Jennifer made our dreams come true by helping keep our family together. Would highly recommend. Zoom Consultations Available! You may be eligible for one of the following types of h waivers:. The same rules apply to a battered child. If you file such a battered spouse petition applying for a green card but are inadmissible due to qualifying criminal conduct, you can apply for a h waiver. Applying for a h waiver is an extremely complex process. A person represented by an experienced immigration attorney is more likely to have their waiver approved. In these last two categories the applicant must prove that she is rehabilitated and her admission is not contrary to U. Michelle and her husband, both natives of India, met in college over twenty-five years ago. Michelle accompanied her husband to the U.

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Section h of the Immigration and Nationality Act provides a discretionary waiver for the following criminal grounds of inadmissibility:. INA h 1 A provides that certain grounds of inadmissibility under section a 2 A i I - II , B , and E of the Act may be waived in the case of an alien who demonstrates to the satisfaction of the Attorney General that:. INA h 1 B provides that certain grounds of inadmissibility under section a 2 A i I - II , B , D - E of the Act 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:. The Attorney General, however, may not grant a waiver in the case of an alien who has been convicted of, or admits committing murder or criminal acts involving torture or an attempt or conspiracy to commit murder or a criminal act involving torture. INA h. The waiver is also unavailable to an alien who has previously been admitted to the U.

INA l - Surviving relative consideration for certain petitions and applications. INA c 2 B i - Waiver of grounds of inadmissibility for special agricultural workers. INA a 1 - Health-related grounds. INA a 6 C i - Illegal entrants and immigration violators - misrepresentation. INA a 9 B v - Waiver of the 3-year or year unlawful presence bar. INA d 13 - Waiver of grounds of inadmissibility for T nonimmigrants. INA d 3 - Nonimmigrant waiver of inadmissibility. INA g - Bond and conditions for admission of alien excludable on health-related grounds. INA h 1 B - Waiver for certain criminal and related grounds.

212 h waiver

Even if you are deportable because you were convicted of one of the following crimes, you may still be eligible for a h waiver:. He had a tremendously complicated case, yet they were able to reopen it by the BIA and follow through to finish by acquiring a green card for him. His attorney was Jennifer Rozdzielski. She is highly ethical, professional, trustworthy, and attentive. Jennifer made our dreams come true by helping keep our family together. Would highly recommend. Zoom Consultations Available! You may be eligible for one of the following types of h waivers:. The same rules apply to a battered child. If you file such a battered spouse petition applying for a green card but are inadmissible due to qualifying criminal conduct, you can apply for a h waiver.

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This ensures that you get all of your questions answered to complete satisfaction from the moment your case is opened until your green card is secured. Federal regulations provide that the Attorney General will not favorably exercise discretion in cases involving violent or dangerous crimes, except in extraordinary circumstances. Facebook LinkedIn Twitter. INA h 2. What if I was admitted as an LPR at the border? She is highly ethical, professional, trustworthy, and attentive. Please give us a call to discuss your case. Once this petition was approved, Michelle filed two applications: an application to become a permanent resident, and an application for a waiver of inadmissibility under section h of the Immigration and Nationality Act. When can someone request a h waiver? View More Videos. When he became a U. Each of the above-mentioned criteria has its own legal burden to prove.

Under the Immigration and Nationality Act INA , [1] admissibility is generally a requirement for admission to the United States, adjustment of status, and other immigration benefits.

Website and marketing by Factor 7 Media. Even if you are deportable because you were convicted of one of the following crimes, you may still be eligible for a h waiver: 1 Crimes involving moral turpitude; 2 Convictions for 2 or more offenses for which the aggregate sentence was 5 years or more; 3 Engaging in prostitution or procuring prostitutes; 4 Involvement in serious criminal activity where immunity from prosecution was asserted; or 5 A single offense of simple possession of 30 grams or less of marijuana. A h waiver will be denied if the Attorney General determines that admission of the alien to the U. Note that these last two categories apply only to people who entered the country as lawful permanent residents, not to people who adjusted status to permanent residency while in the U. This has proven invaluable for my clients located throughout the world who require instant access to critical documents before embassy interviews, USCIS appointments, and other important events. When is someone ineligible for h relief? Continued immigration support Upon request, I can monitor your immigration status even after your case is resolved to ensure that you never fall out of legal immigration status. Many have found this prep session invaluable in easing their fears and feeling confident going into their appointment. Please be sure to provide a timeline of events along with details of your entire immigration history. Green Cards through Employment. Please call to schedule a consultation. Carl was featured in SuperLawyers Magazine. These residents must have resided lawfully in the U. I keep tabs on your case as it is being processed, keeping you up to date on its status as well as notifying you of any relevant changes in immigration laws and procedures. The other half of our filing is dedicated to showing the adjudicator that our client is human and has made mistakes for which he or she is regretful.