Whether you are in a deportation hearing or need to change your immigration status, a 212 (h) waiver may be the correct legal tool to use. If your application is not correctly researched, prepared and submitted, you risk not being able to get the change of status you need, such as a green card. In the worst case, you can be deported from the country. It is vital, therefore, to use a committed New York City immigration attorney who has the experience necessary to properly present your case and is determined to see it through to a positive outcome. At Feiner & Lavy P.C., Attorneys at Law we have over 40 years of experience to utilize in overcoming immigration problems. If you are in need of a 212 (h) waiver, you must employ a law firm that has a track record of success.
These waivers can be obtained if you have committed more than one offense, a crime of moral turpitude, are a diplomat who can assert immunity or if you have been found guilty just once for possessing a small amount of marijuana (30 grams or less). Persons who have been convicted of an aggravated felony offense or graver drug crimes are not eligible for a 212 (h) waiver.
We can apply for a waiver if your criminal activity happened more than 15 years prior to when your status was adjusted. We must also prove you have been rehabilitated, that your admission into the U.S. would not be harmful to the safety or security of the country and that you meet all other provisions of Section 212 (h) of the Immigration and Nationality Act.
Our firm can also apply for an “extreme hardship waiver” when we can show that a family member would suffer greatly if relief was not granted. In considering this type of waiver, a judge will view such factors as your relationships to family members both in and outside of the U.S., health problems, how departing could affect financial situations, the conditions you would have to go back to and others.
The court will weigh all negative and positive elements in your case. If we do our job well, the positives will be emphasized and any negative aspects lessened. These cases are always up to the discretion of a judge but our dedication to your case and the work we put into it can, in many instances, result in the favorable outcome you desire.
To understand the 212 H waiver and how it may apply to your immigration situation, contact a New York City immigration lawyer.
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