A 212(h) waiver may help individuals with certain criminal convictions bypass issues with inadmissibility to pursue a green card or lawful permanent residency within the United States. These waivers are most commonly associated with adjustment of status applications, and are often available in the event that denying admission into the country would result in extreme hardship for a qualifying U.S. citizen or lawful permanent resident family member. It’s critical to understand the eligibility requirements and waiver requirements before you can file Form I-601.
What Is a 212(h) Waiver in Milwaukee?
A 212(h) waiver is most frequently associated with an adjustment of status. For example, if you are a green card holder and are traveling into the U.S. and placed into removal proceedings, you may use it. Generally, these waivers are used by those with criminal convictions who are deemed inadmissible into the United States.
In many situations, this waiver can allow someone who is otherwise deemed inadmissible to seek lawful permanent residency or retain their green card status despite criminal activity that would render them inadmissible.
What Does a 212(h) Waiver Do?
- Waive certain criminal acts that constitute grounds of inadmissibility
- Helps eligible applicants pursue green cards
- Allows those with lawful permanent residence to retain their status
- May be used during an adjustment of status
- Requires applicants to prove extreme hardship to eligible family members
It’s also important to note that:
- This is generally sought by filing Form I-601
- Waivers depend on the facts of the case and are not automatic
- Certain criminal offenses do not qualify for waivers
How Do I Gain Admissibility Into the United States with a 212(h) Waiver?
If you are deemed inadmissible in Milwaukee or the surrounding metropolitan communities, including Cedarburg, West Allis, and Brookfield, you may file a 212(h) waiver via a Form I-601. However, filing this document is not enough; you will also have to prove that if you are not allowed into the U.S., it would present an extreme hardship to a parent, child, or spouse who is either a U.S. citizen or lawful permanent resident.
If you can successfully prove this extreme hardship and that you deserve to qualify for the waiver, you may be allowed to enter or remain in the United States.
What Must Be Proven in a 212(h) Waiver?
In general, immigration officials will consider a number of important factors when reviewing a 212(h) waiver, including:
- How long have you resided in the United States
- The conditions of the country you would return to
- The hardship your eligible U.S. citizen or lawful permanent resident family member would endure if you left the country
- Your employment history
- Your rehabilitation efforts
- If you are likely to reoffend
Can I Apply for a Green Card With a 212(H) Waiver in Milwaukee?
In some circumstances, those with criminal convictions can apply for a green card using a 212(h) waiver if they are otherwise deemed eligible for lawful permanent residence and are not prohibited from seeking relief in accordance with federal immigration laws. That being said, if the 212(h) waiver is denied by immigration, you could be placed into removal proceedings.
A successful waiver application can allow the applicant to continue seeking lawful permanent residence status, even if they have criminal issues that would be grounds for inadmissibility.
When Is a 212(h) Waiver Commonly Used During the Green Card Process?
Most commonly, a 212(h) waiver is filed during:
- Adjustment of status applications
- Consular processing cases
- Removal (deportation) proceedings
- Returning lawful permanent resident inspections and admissions
- Family-based green card applications in which a criminal history may render someone ineligible
Who May Qualify for a 212(h) Waiver in Wisconsin?
It’s imperative to understand that not all criminal offenses are eligible for a 212(h) waiver. However, those with certain criminal records may be eligible if they meet the requirements, including extreme hardship for eligible family members.
Criminal Offenses Commonly Associated with 212(h) Waivers
- Crimes of moral turpitude
- Two or more convictions where the total incarceration time is more than five years
- Engaging in, soliciting, or promoting prostitution
- A single offense involving simple possession (30 grams or less) of marijuana
As mentioned, eligibility is left to the discretion of the immigration officials, meaning the specific facts of your case will play a considerable role in determining whether or not the waiver is granted.
Contact Our Experienced Wisconsin Immigration Firm
The immigration process can be incredibly overwhelming. However, you do not have to navigate these matters on your own. At Sesini Law Group, P.C., our firm is ready to help you fight for the best possible outcome for your circumstances. If you have any additional questions regarding the immigration process, please do not hesitate to contact our knowledgeable Wisconsin immigration attorneys today.