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.
How do I gain admissibility into the United States?
If you are deemed inadmissible, 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 prove as much, you may be allowed in.
Can I apply for a green card with a 212(h) waiver?
You may apply for a green card with a 212(h) waiver as long as you have never been in removal proceedings and you have a criminal conviction. That being said, if the 212(h) waiver is denied by immigration, you could be placed into removal proceedings.
What do I have to prove in my waiver?
As mentioned earlier, you will have to prove that if you are not allowed in, it will be a hardship to your family members, and also that you truly deserve the waiver indiscretion. They will want to know how long you have been in the country, who your family in the country is, what the hardship would be to those family members or you, and your employment history. They will also want to know the country you’re returning to–if you have next to no life experience there, cannot speak the language, etc., your chances of being allowed to stay are greater. They will also consider the chances of whether you will ever commit another crime in the future.
If you are applying for immigration through a green card on paper, they will need to know all of this information. That being said, if you are applying through an immigration judge, they will require both on paper and testimony. Lastly, you should note that in most cases, however, you cannot waive drug charges.
If you have any additional questions regarding the immigration process, please do not hesitate to give our knowledgeable Wisconsin immigration attorneys a call today. We are here to help.
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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.