212H Waiver Lawyer NYC
Whether you need to change your immigration status or you are in a deportation hearing, the use of a 212(h) waiver may be a legal tool that can benefit you. Immigration and Naturalization Act (INA) Section 212h allows for a waiver of inadmissibility under some circumstances so that noncitizens can be allowed entry or admission or lawful permanent residency.
It is crucial to correctly research, prepare, and submit your 212h waiver application. If any aspect of your application has not been done correctly, you risk not being able to get the change in status that you need. You may even risk being deported from the United States.
Therefore, it is vital to hire a committed 212H waiver lawyer in NYC with the experience needed to properly present your case and the determination to see your case through to a positive outcome. At Feiner & Lavy P.C., Attorneys at Law, our lawyers have over 40 years of experience with successfully overcoming immigration issues for our clients. If you need a 212h waiver, it is essential to hire a law firm with a proven track record of success.
What Is A 212(h) Waiver?
The United States has set a high bar for any person who wishes to immigrate to this country, whether it is by obtaining asylum status, a student or work visa, or another route to the lawful presence and eventual citizenship. One of the requirements for most visa or green card applications is the absence of criminal history.
However, there are options available for legal admission to the United States, even for those who do have past criminal convictions. A 212h waiver is a legal tool that can be used to waive the inadmissibility grounds relating to certain crimes, allowing entry or permanent residency.
You can apply for a 212h waiver multiple times, and the waiver can also be used both affirmatively and as a defense to removal proceedings. Since it is not always a requirement to prove that extreme hardship exists in order to obtain the waiver, it can be a useful tool in many situations.
212h waivers are often used in cases where a person is physically present in the United States but has not yet been legally admitted with any status because of a prior criminal conviction. This waiver can also help someone with a green card keep their legal status despite having a criminal conviction.
There are also some other circumstances in which it may be useful to apply for a 212h waiver. A 212h waiver lawyer NYC can help you learn more about your legal options and determine whether applying for a 212h waiver may be advantageous for you.
What Crimes Are Included in the 212h Waiver?
212h waivers may be available to applicants, even if they have been convicted of the following crimes:
Solicitation or prostitution
Crimes involving moral turpitude
A single offense of possession of a small amount of marijuana (up to 30 grams)
Convictions for two or more offenses where the aggregate sentence was five or more years
Involvement in criminal activity where immunity from prosecution had been asserted
Usually, a conviction of one of these types of crimes would be grounds for deportation and revocation of legal status. A 212h waiver opens the door for someone to retain or seek their green card, as long as they can demonstrate that an exceptional circumstance warrants receiving the waiver.
Who is eligible for a 212h Waiver?
In order to be eligible for a 212h waiver, you must also meet one of the following conditions. The grounds for obtaining a 212h waiver include:
212h Extreme Hardship Waiver
An applicant may be able to get a 212h extreme hardship waiver if they can prove that a denial of admission would cause extreme hardship to their spouse, child, or parent who is currently a United States citizen or a green card holder. Additionally, it is important to keep in mind that awarding an extreme hardship waiver is up to the discretion of the immigration judge.
Some factors that a judge will consider when determining if an extreme hardship exists include the conditions in the applicant’s home country, whether their qualifying relatives have family ties to the United States, the extent of the qualifying relatives’ family ties outside of the United States, the financial impact of the applicant’s departure from the United States, and any significant health conditions.
212h 15 Years Waiver
Another way to get a 212h waiver is under the 15 years waiver grounds. This condition applies if the crimes for which the applicant has been deemed inadmissible occurred over 15 years ago. In addition to the passing of 15 years, the applicant must also show that they have been rehabilitated and that their admission would not be contrary to the national welfare, security, or safety of the United States. If these conditions are met, the applicant is eligible for a 212h waiver.
Battered Spouse Waiver
If an applicant’s spouse is a United States citizen or has a green card and has committed acts of extreme cruelty or battery against the applicant, then the applicant can file a Violence Against Women Act battered spouse petition. If the applicant is suffering abuse at the hands of a parent who is a United States citizen or is a permanent resident, they can also file a battered child petition under this Act. In the event that the applicant is granted their petition under the Violence Against Women Act but is considered inadmissible due to criminal conduct, they have the ability to apply for a 212h waiver.
Additionally, if the person applying for the waiver would only be denied entry or permanent residency based on a conviction associated with prostitution, they may also be eligible for a prostitution 212h waiver.
Aggravated Felony Bar of Waiver Eligibility
The Immigration and Naturalization Act Section 212(h) generally bars noncitizens from being eligible for waivers if they have previously been admitted to the United States lawfully as a permanent resident, and since admission, they have been convicted of an aggravated felony.
The Immigration and Naturalization Act § 101(a)(43) defines aggravated felonies. Some examples of these aggravated felonies that may bar waiver eligibility include:
Receiving of stolen property
Illegal re-entry after removal or deportation for a conviction of an aggravated felony
However, a noncitizen that has been convicted of an aggravated felony that meets certain conditions may be able to successfully apply for a stand-alone 212h waiver. Since there are multiple potential outcomes that are extremely fact-dependent, it is crucial to hire a skilled 212h waiver lawyer NYC to help you determine the best legal options available to you in your case.
Lawful Permanent Resident Bar to Section 212h
In some cases, lawful permanent residents are statutorily barred from applying for a waiver under section 212h. This can happen if one of the following two circumstances apply. First, a person who has been convicted of an aggravated felony after having been admitted to the United States as a permanent resident is generally barred from applying for a 212h waiver. Additionally, if an individual failed to accrue at least seven years of lawful continuous residence prior to the commencement of removal proceedings, that person may also be barred from applying for a 212h waiver.
Using Section 212h As A Defense to a Charge of Deportability
Typically, applying for a 212h waiver is done to waive inadmissibility in connection with an application to adjust status, to immigrate through consular processing, or when seeking admission at the border. However, it can also be used in removal proceedings.
A noncitizen may be deported if they were inadmissible at a prior admission. A 212h waiver can be used as a defense to a charge that a noncitizen is deportable for having been inadmissible at the time of the last admission. In a removal proceeding, a noncitizen in this circumstance may apply to waive the inadmissibility ground retroactive to the time of the prior admission under Section 212h.
It can also be used as a defense to a charge that a noncitizen is deportable due to a conviction—if that individual left the country and could have applied for a 212h waiver upon their return. These matters can quickly become complicated. A 212h waiver lawyer NYC can help you navigate the legal issues that may arise as you consider applying for a 212h waiver.
Do I Need A 212H Waiver Lawyer NYC?
You may be wondering if you need to hire a 212H waiver lawyer NYC to get started with the waiver application process. The 212h application process is complex and lengthy. It is essential to choose a knowledgeable and skilled immigration attorney to assist you with your application.
Your 212H waive lawyer NYC will guide you through the entire application process and advise you on your eligibility and your legal options. Your attorney will also help you to gather all of the documentation and evidence needed to pursue your 212h waiver application. There are numerous benefits to hiring an immigration attorney to help you apply for a 212h waiver—including the fact that you have a better chance of getting your waiver application approved with an attorney on your side.
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