Form 212(h) is used for those people who are otherwise classified as inadmissible due to criminal convictions. Inadmissibility means that the person is physically in the U.S. but hasn’t been admitted under any formal status.
This waiver, when approved, allows them to be pardoned of their criminal convictions. This waiver is used in connection with an adjustment of status. The 212(h) waiver can be used on its own or by someone who is a green card holder traveling into the U.S. Permanent residents and nonresidents can apply for this waiver.
You might also hear this process referred to as the 212(h) waiver form, the 212(h) waiver application, or the 212(h) waiver of inadmissibility, but all these terms are referring to the same process.
Not every crime is classified under the criminal grounds of inadmissibility, meaning that a person cannot be granted status into the U.S. There are two categories of crimes that can be waived with a 212(h) form: a crime involving moral turpitude or a violation of any law related to a controlled substance.
Crimes of moral turpitude include those that are viewed as intrinsically wrong or morally reprehensible. These crimes include spousal abuse, theft, fraud, aggravated assault, kidnapping, and conspiracy to commit crimes of moral turpitude.
Crimes ineligible for the waiver include drug crimes other than an offense for simple possession of 30 grams or less of marijuana, murder, torture, drug trafficking, money laundering, or significant trafficking of individuals.
There are only two situations in which a person can request a 212(h) waiver. The first circumstance involves when the offense rendering the alien inadmissible happened more than fifteen years prior to the adjustment of status, admission, or application for a visa.
The 212(h) waiver form can also be used regardless of the date of the offense if the alien can show that the denial of his or her admission into the country would cause hardship to an eligible relative and that an adjustment of status, admission, or visa is warranted. The relative in question should be a spouse, parent, or children.
To get the 212(h) waiver, you need to submit a completed Form I-601 to USCIS. This application must include documents about the hardship that the eligible relative would suffer if your application was denied.
This can include financial details, expert opinions, evidence of employment connections, medical records, affidavits, reports about conditions in your home country, and evidence of family ties. This is a discretionary matter, so the preparation of these application materials is very important.
In evaluating your application, the immigration judges look for things like how long you’ve already been in the U.S., the level of hardship that would be caused if you were not allowed to stay, your individual employment history, and whether or not you have been on good behavior since the conviction or have been rehabilitated.
Not every crime makes you eligible to fill out the waiver. Crimes such as acts of torture, murder, and aggravated felonies will always lead to a denial of your application. If you have questions about whether or not your case applies, it’s recommended that you speak with an attorney.
If you need help with your 212(h) waiver, Attorney Eric Price has been helping people just like you for years. He has years of experience on the other side of immigration applications and knows the common mistakes made in submission. He’s recognized as one of the most experienced and dedicated attorneys in immigration.
If you need assistance with your forms of evidence, contact LA’s top immigration lawyer today to approach this process as prepared as possible.
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