What You Should Know About 212(h) Waivers in New York

Immigrants can lose the opportunity to obtain legal residency in the United States if they have received a criminal conviction. 212(h) waivers, fortunately, can be used by individuals with criminal records that are trying to obtain a Green Card. If you are in this situation, it is in your best interest to reach out to our experienced New York immigration attorneys. Our firm is dedicated to ensuring that our clients are equipped with the knowledge they need to smoothly navigate through this process. We are prepared to help you, too. Contact us today to learn more.

What are 212(h) waivers in New York?

The 212(h) waiver is used to help those who have been convicted of a crime keep a Green Card. The waiver can be completed on Form I-601. The applicant must be able to prove that they would face severe hardship to a parent, child, or spouse if they were required to leave the United States. It is important to note that the applicant must show that the parent, child, or spouse is a citizen of the United States or a lawful permanent resident. Components that can be considered include the length of their residence in the country, family ties, the hardship to them if they are not allowed to stay, the hardship to their family if they cannot stay, and their employment history. Additionally, they will want to examine the country that the individual would be coming back to and their possibility for rehabilitation.

Can I apply for a Green Card with a 212(h) waiver?

You can apply for a Green Card with a 212(h) waiver as long as you have never been in removal proceedings and you have a criminal conviction. If the 212(h) waiver is rejected by immigration, you may be placed into removal proceedings.

Who can qualify for 212(h) waivers?

If you have a criminal record, have never been in a removal proceeding, and are eligible for a green card outside of having a criminal record, can qualify for a 212(h) waiver. Individuals who were charged with the following crimes may be capable to get a 212(h) waiver:

  • Convictions for two or more offenses for which the aggregate sentence was 5 years or more
  • Engaging in prostitution or procuring prostitutes
  • Involvement in serious criminal activity where immunity from prosecution was asserted
  • Crimes involving moral turpitude
  • A single offense of simple possession of 30 grams or less of marijuana

Contact Our New York City Immigration Lawyers

Our law firm can explain all the opportunities associated with fiancé visas and help you through the entire procedure, as well as discuss whether this is a good option. For an initial consultation with a skilled immigration lawyer, contact the Law Office of Cheryl R. David in New York.