Criminal Conviction Waiver

An immigration waiver is a request for the government to overlook certain grounds of inadmissibility or deportability that would otherwise disqualify an individual from obtaining a visa, green card, or other immigration benefit. There are several types of waivers available to individuals seeking to enter or remain in the United States, each of which addresses specific grounds of inadmissibility or deportability.

One such waiver is the section 212(h) waiver, which is available to individuals who have been found inadmissible or deportable on certain criminal grounds. This waiver is designed to allow individuals who have been convicted of certain crimes to overcome the criminal inadmissibility grounds and be granted a visa or other immigration benefit.

To be eligible for a section 212(h) waiver, an individual must demonstrate that their inadmissibility or deportability is based on a single criminal conviction or multiple criminal convictions that arose from a single scheme of criminal misconduct. Additionally, the individual must show that their removal from the United States would result in extreme hardship to themselves or their qualifying family members, who are defined as a spouse, parent, or child who is a U.S. citizen or lawful permanent resident.

In evaluating an individual's request for a section 212(h) waiver, the government will consider a number of factors, including the nature and severity of the individual's criminal conduct, the length of time that has passed since the conduct occurred, the individual's rehabilitation and good moral character since the conduct, and the individual's ties to the United States and the impact of their removal on their family members.

It's important to note that a section 212(h) waiver is not available to individuals who have been convicted of certain offenses, including aggravated felonies, drug trafficking, and crimes of moral turpitude. Additionally, this waiver is not available to individuals who have previously been granted a section 212(h) waiver or who have previously been granted relief under another waiver provision.

If you are seeking a section 212(h) waiver, it's important to consult with an experienced immigration attorney who can help you understand your eligibility for this waiver and guide you through the application process. Obtaining a section 212(h) waiver can be a complex and time-consuming process, but with the help of an experienced immigration attorney, it may be possible to overcome the criminal inadmissibility grounds and secure the immigration benefit you are seeking.