212(H) Waivers - Waives Certain Criminal Convictions
When the government tries to deport you for a criminal offense, you may be eligible to have an Immigration Judge waive, or forgive, your criminal conviction by applying for a 212(h) waiver. Under the Immigration and Nationality Act, an Immigration Judge can waive certain convictions and allow the person to remain in the United States.
An Immigration Judge has the authority to grant a 212(h) waiver for the following types of offenses:
- A Crime Involving Moral Turpitude (CIMT),
- A Single Offense of Possession of Marijuana Less Than 30 Grams,
- Multiple Criminal Convictions,
- Prostitution and Commercialized Vice
You may qualify for a 212(h) waiver if:
- Old Offenses
- the criminal activity was more than 15 years before the application for entry,
- admission is not contrary to national welfare, safety, or security, and
- the person has been rehabilitated.
- Qualifying Immediate Relative
- have a United States Citizen or Lawful Permanent Resident spouse, child (under 21), or parent who would incur extreme hardship if the waiver was denied,
- VAWA self-petitioner.
- victim of violence by a United States Citizen or Lawful Permanent Resident immediate relative.
You may not be eligible for a 212(h) waiver if you are already a Lawful Permanent Resident and you have been convicted of an "Aggravated Felony" since becoming a lawful permanent resident, or if you have not continuously resided in the United States for at least 7 years before being placed in removal proceedings.
Our attorneys at Shorstein, Lasnetski, & Gihon have experience representing 212(h) eligible clients in the Orlando Immigration Court. Our focus on both immigration and criminal law puts us in a unique position to fully understand all aspects of your case. We will thoroughly examine all possibilities and come up with the best possible strategy for your case.