Orlando 212(h) waiver lawyer John Gihon is well versed in the complex area of 212(h) waivers. 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.
QUALIFYING OFFENSES THAT CAN BE WAIVED UNDER INA 212(h)?
An Immigration Judge has the authority to grant a 212(h) waiver for the following types of offenses:
QUALIFICATIONS FOR A 212(h) WAIVER
- 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:
- it is an old offense:
- 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.
- you have a qualifying 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,
- you are a VAWA self petitioner.
- victim of violence by a United States Citizen or Lawful Permanent Resident immediate relative.
EXCLUSION FOR CERTAIN LAWFUL PERMANENT RESIDENTS
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.
Most 212(h) cases are going to involve having a qualifying relative (U.S. citizen spouse, child, or parent, who would incur extreme hardship if you were deported. Extreme hardship is something above and beyond what a person would normally experience if their loved one was deported. It can be combination of factors including health issues, mental health issues, learning disabilities, financial issues, and more. The Court can look at the hardship if the U.S. citizen family member were to leave the United States with you or if they were to stay and be separated from you. It is within the immigration court's discretion to grant the 212(h) waiver. Orlando 212(h) attorney John Gihon will investigate all of the possible factors that could form the basis of a 212(h) waiver in your case.
The 212(h) waiver cannot be used to waive a controlled substance offense. Therefore, if you are placed in deportation proceedings based on a drug offense, you would not be eligible to ask the immigration judge for a 212(h) waiver, however, you may be eligible for another form of relief.
ORLANDO 212(h) ATTORNEY JOHN GIHON'S ROLE
Orlando 212(h) attorney John Gihon has 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.