212 h waiver

To help you better understand h waivers, our California immigration lawyers discuss the following, below:.

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.

I utilize the latest in secure technology to effectively represent my clients no matter where they may reside. Under 8 C. 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, 212 h waiver.

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.

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.

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Would highly recommend. INA i 2. What crimes can be waived with a h waiver? Unsubscribe at any time. So half of our filing is dedicated to arguing case law, statutory intent, record of proceeding for the conviction s , etc. This means that even if an alien qualifies for relief, it will not necessarily be granted. As many new immigrants do, the couple faced several challenges as they struggled to assimilate to their new life in the United States. 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. I personally handle every important detail of your legal representation. You might be surprised at how many ways there are to remain in the U. 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. In these last two categories the applicant must prove that she is rehabilitated and her admission is not contrary to U. Normally, no.

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.

Please call to schedule a consultation. Importantly, this 7 year period does not stop running when the immigrant is arrested or found guilty of the underlying crime. When can someone request a h waiver? INA h. Please be sure to provide a timeline of events along with details of your entire immigration history. The foreign national is a battered spouse or child of a U. What if my conviction was for a dangerous or violent felony? In these last two categories the applicant must prove that she is rehabilitated and her admission is not contrary to U. Website and marketing by Factor 7 Media. It is important to keep in mind that h waivers are discretionary. Immigrants who were admitted to the U. She is highly ethical, professional, trustworthy, and attentive. 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.