What to Know About 212(h) Waivers in the United States

A 212(h) waiver may be able to help you get a green card if you are currently in a situation where you have lost the opportunity to obtain legal residency in the United States as a result of a recent criminal conviction. It is important to understand that you are not alone and you do not have to go through this process alone. It is in your best interest to reach out to our skilled green card lawyer in Milwaukee, WI today to learn more about your options. Our firm is dedicated to ensuring that you are equipped with the understanding required to get through this process.

What are 212(h) waivers in Wisconsin?

With the assistance of a 212(h) waiver, those who have been convicted of a crime can keep their green card. The waiver can be completed through Form I-601. The applicant must also be able to prove that if they were directed to vacate the United States, they would encounter severe hardship to a parent, child, or spouse. It is important to understand that the applicant must also show that the parent, child, or spouse is a citizen of the United States or a lawful permanent resident. Elements that can be assessed include the length of their residence in the country, family ties, the hardship to them if they are not allowed to stay, the hardship to their family if they cannot stay, and their employment history. Also, they will want to explore the country that the individual would be coming back to and their chance for rehabilitation.

Can I apply for a green card with this waiver?

As long as they have never been in removal proceedings and they have a criminal conviction, an individual can apply for a green card with a 212(h) waiver. Because of this, if the 212(h) waiver is denied by immigration, they could be put into removal proceedings.

Who can qualify for a 212(h) waiver?

You may qualify for a 212(h) waiver if you have a criminal record, have never been in a removal proceeding, and are qualified for a green card outside of having a criminal record. People who were convicted of the following crimes can be able to receive a 212(h) waiver:

  • Engaging in prostitution or procuring prostitutes
  • Involvement in serious criminal activity where immunity from prosecution was asserted
  • Convictions for two or more offenses for which the aggregate sentence was 5 years or more
  • Crimes involving moral turpitude
  • A single offense of simple possession of 30 grams or less of marijuana

To learn more about 212(h) waivers, reach out to our firm today and speak with an experienced green card lawyer in Milwaukee, WI.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

Read More

What is a Green Card? | Wisconsin Immigration Law

If you would like to become a U.S. citizen, you likely have a lot of questions. You may be wondering things like “what is a green card? What is the process of obtaining one?” Our firm understands that this process can be stressful, and we are here to advocate for you every step of the way. Read on to learn more about obtaining a green card in Wisconsin.

What is a green card?

The United States Permanent Resident Card is an identification card documenting the permanent resident status of an alien in the United States. It is commonly known as a “green card” because it is green.

Who is eligible for a green card?

There are a number of ways to obtain a green card. The eligibility categories include:

  • Family-Based
  • Job or employment-based
  • Refugee or asylum
  • Special programs

How Long Does it Take USCIS to Process a Form I-485 in Wisconsin?

If you submit a Form I-485 in Wisconsin, your case should be processed between 6.5 months to 20.5 months. If it has been more than 20.5 months since you’ve submitted your application, feel free to reach out to our firm to discuss your case. To check the status of your pending application, you can either call USCIS at 800-375-5283 or visit USCIS’s Case Status online page and enter the receipt number you obtained after filing your Form I-485.

What if my green card application is denied?

In some cases, a green card application will be denied. This can happen for a number of reasons. If your green card application for renewal is denied, you will not be able to appeal this decision. However, you can potentially file a motion to reopen or a motion to reconsider with the office that determined you were ineligible for renewal. A skilled immigration attorney will be able to help you obtain, collect, and present all evidence required to prove that the decision to deny your application was based on an inaccurate application of the law.

If you have any questions or concerns about obtaining a green card, our firm is here to help. Reach out today to speak with an experienced and dedicated immigration law attorney.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

Read More

Can I Leave the United States While My Green Card is Pending?

To learn more about what you can and cannot do while your green card is pending in the United States, continue reading and speak with an experienced Milwaukee, WI green card attorney today.

Can I move while my green card case is still pending with the USCIS?

If you are going through the process of obtaining a green card and you will be moving while your case is still pending, it is imperative that you update your address with the USCIS within 10 days of your move to ensure that you do not miss any critical information about your case. If you fail to do this update, you risk not receiving crucial news about your case. You can update your address either through your USCIS online account, or you can file the Form AR-11, Alien’s Change of Address Card, via the USCIS Change of Address online page.

To learn more about what you need to do if you have moved while your case is still pending, reach out to our attorneys today.

How long does Form I-485 take to process with the USCIS?

Your form should process between 6.5 months to 20.5 months in Wisconsin. In the event that your wait time has reached longer than 20.5 months since you’ve submitted your application, do not hesitate to reach out to our firm to discuss the specifics of your case and how we can help.

Can I check the status of my case?

If you would like to check the status of your pending application, you can either call USCIS at 800-375-5283 or visit USCIS’s Case Status online page and enter the receipt number you obtained after filing your Form I-485.

Can I leave the United States while my case is pending?

You must file Form I-131, Application for Travel Document if you need to leave the United States while your case is still pending. It is critical to understand that if you leave the country without filing an advance parole document while you still have a pending Form I-485, you will be abandoning your application, which can negatively impact your ability to receive a Green Card. If you have any further questions, it is in your best interest to reach out to our experienced immigration firm. Our Wisconsin family immigration lawyers wants nothing more than to provide our clients with the security they need to live a happy life in the United States.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

Read More

What is the Process of Renewing My Green Card in the United States?

At Sesini Law Group, S.C., our attorneys strive for our clients to meet their immigration status goals. If you would like guidance through the renewal process for a Green Card, do not hesitate to reach out to our firm today. Our skilled Wisconsin immigration attorneys are here for you, each step of the way.

How do I get my Green Card renewed?

In order to begin the Green Card renewal process, you will need to complete a Form I-90, Application to Replace Permanent Resident Card either online or through a paper application. Please note that the paper application must be submitted through the mail once completed. If you have ownership of a prior version of the alien registration card, you will need to replace it with your current Green Card as soon as you are able. If you would like to learn more about this process, do not wait to reach out to our firm to speak with our dedicated legal team. Give us a call today.

Can I renew my Green Card outside of the United States?

In the event that your Green Card is going to expire within 6 months, but you will return to the United States within one year of you leaving, you will have to file for the renewal card when your return. If you failed to apply for the renewal card before you left the United States, then you will need to contact a United States Consulate, USCIS office, or a United States port of entry before you are able to file a Form I-90 for renewal.

What should I do if my Green Card application is denied?

It is unfortunate that a rejected renewal application cannot be appealed. However, you may be able to file a motion to reopen or a motion to reconsider with the office that originally determined you were unfit for renewal.

It is in your best interest to contact an experienced immigration attorney if your renewal was denied. With the guidance from a skilled attorney, he or she can help you obtain, collect, and present all the evidence needed to show that the decision to deny your application was based on an incorrect application of the law. If you are interested in filing a motion, reach out to a dedicated immigration attorney for help. At the Sesini Law Group, S.C., our legal team is furnished with the knowledge and experience needed to guide our clients through this process correctly. Contact us today.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

Read More

Senate Democrats to Include Immigration in Their Economic Agenda Bill

The Senate Democrats have freshly formulated an argument to introduce a plan for legalization for millions of immigrants in their $3.5 trillion bill to expand the country’s social safety net. In a meeting with the Senate’s Parliamentarian, Elizabeth McDonough, Democrats disputed their plan to provide around 8 million immigrants with the chance to apply for Green Cards in the United States. This is referred to as a reconciliation bill because these populations are thought to be the most appropriate group for inclusion.

If you have questions or concerns regarding this potential new legislation and how it might affect your immigration status, do not hesitate to reach out to our firm today. At the Sesini Law Group, S.C., we are dedicated to making sure that our clients are going through the immigration process seamlessly. Contact our firm today to speak with our experienced Wisconsin immigration attorneys.

How will this legislation be passed?

Democrats will be able to pass this legislation with just a simple majority. They do have to prove, however, that the law they are trying to pass along party lines is bigger than just an “incidental” impact on the country’s bottom line.

The legislation will have to go through a “Byrd bath” which is a procedure that was named for former West Virginia Senator Robert Byrd who helped craft the limits for when a political party is permitted to use the special budgetary process.

If you would like to learn more about what this legislation entails, contact our firm today. We are committed to helping our clients through the various details of the immigration process.

Why should this legislation be passed according to Democrats?

The Democrats have argued that allowing recipients of the Deferred Action for Childhood Arrivals program, people with Temporary Protected Status, farmworkers, and other essential workers to apply for the Legal Permanent Residency would make them eligible for social programs. These social programs include Supplemental Nutrition Assistance Program, Medicaid, Medicare, Social Security, and other health benefits.

The effort to include immigration in the Democrats’ economic agenda bill faces far odds, but, it still may be the Democrats’ best potential for accomplishing matters on this issue. This bill has come after a months-long battle to reach a bipartisan deal that fell apart.

Reach out to our firm today to determine whether or not you apply to this potential bill. We are committed to making the immigration process as straightforward as possible for you and your family.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

Read More

Read Our Latest Blog Posts