212 h waiver

So half of our filing is dedicated to arguing case 212 h waiver, statutory intent, record of proceeding for the conviction setc, 212 h waiver. 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.

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!

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, it will not necessarily be granted. A h waiver will be denied if the Attorney General determines that admission of the alien to the U. Finally, notwithstanding other eligibility, an alien is will find it difficult to receive a h waiver if the alien has been convicted of or admitted committing acts that constitute :. 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. Aggravated felonies consisting of theft, fraud, counterfeiting, or other white-collar crimes are the most typical ones in which a stand-alone h waiver is granted. To qualify, a lawful permanent resident green card holder must have adjusted to permanency while in the United States as opposed to being admitted as a lawful permanent resident at the border or its equivalent, such as an airport. Immigrants who were admitted to the U. These residents must have resided lawfully in the U. Importantly, this 7 year period does not stop running when the immigrant is arrested or found guilty of the underlying crime. As long as the alien lived in the U. Non-permanent residents that are arriving aliens will need to apply for admission as lawful permanent residents and be in possession of immigrant visas to be eligible for Section h waiver. For instance, a former permanent resident who was deported because of an aggravated felony conviction may be able to seek a h waiver to reunite with his or her family in the U.

Please be sure to provide a timeline of events along with details of your entire immigration history. You may be eligible for one of the following types of h waivers:. Other similar crimes are possession of a small 212 h waiver of concentrated cannabis, or being under the influence of THC-carboxylic acid.

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.

212 h waiver

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. Each of these statutory provisions conditions a waiver on both a finding of extreme hardship to one or more qualifying relatives and the favorable exercise of discretion. The various statutory waiver provisions specify different categories of qualifying relatives and permit waivers of different inadmissibility grounds. The provisions include:. INA a 9 B v — Provides for waiver of the 3- and year inadmissibility bars for unlawful presence.

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How do I prove I merit a waiver? Please call our office at , text us, submit a request for consultation form below. They are:. INA h. Zoom Consultations Available! Can h be used to waive an aggravated felony conviction? So half of our filing is dedicated to arguing case law, statutory intent, record of proceeding for the conviction s , etc. Green Cards through Employment. Unlimited consultations with a responsive immigration lawyer You always have access to me personally via telephone and e-mail. Supporting documents will maximize your chances of getting a h waiver approved. 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. Sum v. Under 8 C. When can someone request a h waiver? Finally, notwithstanding other eligibility, an alien is will find it difficult to receive a h waiver if the alien has been convicted of or admitted committing acts that constitute :.

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.

Green Card through Marriage. All of my clients receive my personalized attention consisting of the following services:. Recognizing that she had a serious problem, Michelle sought professional help for her depression and was able to turn her life around. Would highly recommend. Each of the above-mentioned criteria has its own legal burden to prove. 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. She had a thriving career back in India, but was not authorized to work in the United States. They are:. The criminal activities that render the foreign national inadmissible occurred more than 15 years before the date of his or her application for a visa, admission, or adjustment of status; admission would not be contrary to national welfare, safety, or security; and the foreign national has been rehabilitated; or. The foreign national is inadmissible only for engaging in prostitution or procuring or attempting to procure prostitutes; admission would not be contrary to the national welfare, safety or security; and the person has been rehabilitated; or 2. To help you better understand h waivers, our California immigration lawyers discuss the following, below: 1. I have clients who reside in states throughout the United States.