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.

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