212(h) Waivers of Criminal Conduct

Did you know there is a way for you to avoid deportation and keep your green card if you are a permanent resident with a criminal conviction which makes you Deportable?

You may be able to do both if you qualify for a 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 212(h) waiver:

   •   Crimes involving moral turpitude;
   •   Convictions for 2 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; or

   •   A single offense of simple possession of 30 grams or less of marijuana

You may be eligible for one of the following types of 212(h) waivers:

   •   15-Year Waiver

You must demonstrate that the activities for which you are inadmissible occurred more than 15 years ago; that your admission would not be contrary to the national welfare, safety, or security of the US and 3) that you have been rehabilitated.

   •   Extreme Hardship Waiver

If you inadmissible due to any qualifying criminal conduct, you may qualify for a waiver if: (1) you can show that if you were denied admission, your US citizen or green card holder spouse, parent, son or daughter would suffer extreme hardship; and (2) the USCIS or the Immigration Judge exercises favorable discretion in your case.

Extreme hardship Factors include whether your qualifying relatives have family ties to the US; the extent of the qualifying relatives’ family ties outside the US; conditions in your home country; financial impact of your departure from the US; and significant health conditions, particularly when tied to an unavailability of suitable medical care in your country.

   •   Battered Spouse Waiver

If your spouse is a US citizen or green card holder and you were battered or subjected to extreme cruelty by your spouse, you may file a VAWA battered spouse petition. 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 212(h) waiver. Applying for a 212(h) waiver is an extremely complex process. A person represented by an experienced immigration attorney is more likely to have their waiver approved.

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