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:.

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.

212 h waiver

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. 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. 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 the spouse, parent, son, or daughter of a U. The foreign national is a battered spouse or child of a U. Each of the above-mentioned criteria has its own legal burden to prove. When a client comes to meet with us, look for only one thing: can our client prove that the positive factors outweigh the negative factors under the law. Please give us a call to discuss your case. In-person consultations are available Monday through Friday from am to pm and Saturdays from am to pm. Please call our office at , text us, submit a request for consultation form below.

Normally, 212 h waiver, no. If our client pled guilty and was not advised of the immigration consequences associated with his or her guilty plea, we will conduct a review to see if the conviction can be reopened under The U. 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 212 h waiver or a criminal act involving torture.

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.

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:.

212 h waiver

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.

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Each of the above-mentioned criteria has its own legal burden to prove. I try to inform you when additional filings or actions must be taken and handle everything in the same professional and expeditious manner as before. I also help you gather all required supporting documents, complete all relevant USCIS and consular forms, and submit everything in the most expeditious manner possible. Applying for a h waiver is an extremely complex process. Ashcroft, F. As a result, she became very depressed. Can h be used to waive an aggravated felony conviction? Jong Ha Wang, U. Contact us for immigration assistance. Unfortunately, she got into trouble with the law and was convicted for shoplifting on several occasions. Privacy Policy. Please do realize however that past results do not constitute a guarantee , warranty, or prediction regarding the outcome of your legal matter. This means that even if an alien qualifies for relief, it will not necessarily be granted. The same rules apply to a battered child.

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.

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. View More Videos. You might be surprised at how many ways there are to remain in the U. We have to prove it through documentation. 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. It is important, that before we begin the waiver process, to see if the crime really makes the applicant inadmissible. Contact our office today. Green Cards through Employment. Jong Ha Wang, U. Matter of J-H-J-, 26 I. Each of the above-mentioned criteria has its own legal burden to prove.