A 212(h) waiver is typically used by individuals with criminal convictions who are deemed inadmissible into the United States. This waiver is associated with an adjustment of status. If you are a green card holder and are traveling to the United States and have been placed into removal proceedings, you may use a 212(h) waiver.
You may file a 212(h) waiver via a Form-I-60 if you are deemed inadmissible, but you will also have to prove that if you are not allowed into the United States, this would present a hardship to a spouse, child, or parent who is a United States citizen or lawful permanent resident of the United States.
Can I apply for a green card with a 212(h) waiver?
If you have never been in removal proceedings and you have a criminal conviction, you may apply for a green card with a 212(h) waiver. However, if the waiver is denied, you could risk being placed into removal proceedings.
What is required to prove in my waiver?
You will have to prove that if you are not allowed into the United States, this will cause hardship to your family members. You will also have to prove why you are deserving of the waiver indiscretion.
You will have to state how long you have been in the country, what the hardship would be to your family members in the country, who your family members are, your employment history, and the country you are returning to. Your chances of whether you will ever commit a crime in the future will also be considered.
It is important to note that if you have next to no life experience there and cannot speak the language, your chances of being allowed to stay are greater. However, if you have drug charges, these cannot be waived.
If you are applying through an immigration judge, this information will need to be given on paper and testimony.
If you have any further questions regarding this process or immigration as a whole, do not hesitate to give our experienced and knowledgeable immigration attorney a call today. We would be happy to walk you through each step of the process ahead. Contact our firm today to learn more about our services and how we can assist you.
Contact our experienced New Jersey firm
We understand how much is on the line when clients face matters related to immigration. If you are in need of experienced legal counsel for matters regarding immigration, please contact the Law Offices of Salvatore A. Falletta, LLC and we would be happy to provide you with assistance. Our firm is located in Lyndhurst, New Jersey. Contact us today to schedule a consultation.