If you lost the opportunity to obtain legal residency in the United States because of a criminal conviction, 212(h) waivers may be able to help you obtain a Green Card. If you are in this situation, you are not alone. Reach out to our experienced Wisconsin immigration attorneys to discuss your options. Our firm is committed to ensuring that you are provided with the knowledge and tools you need to navigate through this process. Contact the Sesini Law Group, S.C. today to learn more.
What are 212(h) waivers in Wisconsin?
A 212(h) waiver is used to assist those who have been convicted of a crime keep a Green Card. The waiver can be filled out on Form I-601. The applicant must be able to prove that if they were required to leave the United States, they would face severe hardship to a parent, child, or spouse. It is important to note that the applicant must show that the parent, child, or spouse is a citizen of the United States or a lawful permanent resident. Components that can be considered 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. Furthermore, 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 212(h) waivers?
An individual can apply for a green card with a 212(h) waiver as long as they have never been in removal proceedings and they have a criminal conviction. That being said, if the 212(h) waiver is denied by immigration, they could be placed into removal proceedings.
Who can qualify for 212(h) waivers?
If you have a criminal record, have never been in a removal proceeding, and are eligible for a green card outside of having a criminal record, you can qualify for a 212(h) waiver. Individuals who were charged with the following crimes may be capable to get a 212(h) waiver:
- Convictions for two or more offenses for which the aggregate sentence was 5 years or more
- Engaging in prostitution or procuring prostitutes
- Involvement in serious criminal activity where immunity from prosecution was asserted
- Crimes involving moral turpitude
- A single offense of simple possession of 30 grams or less of marijuana
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.