Deportation Defense I-601 Criminal Waiver Under INA Section 212(h) 

If you have a criminal conviction and it is preventing you from getting a green card, or you are at risk to losing your green card, you may be eligible for an Immigration and Nationality Act (INA) Section 212(h) waiver by filing Form I-601, Application for Waiver of Grounds of Inadmissibility through the United States Citizenship and Immigration Services (USCIS) or in Immigration Court if you are in removal proceedings.

Eligibility

You can apply for a 212(h) waiver if:

• You already have lawful permanent residence (LPR/green card) or are applying for a green card under certain categories such as a family visa, VAWA self-petition or employment. 

• You are inadmissible because of:
  • One or more crimes involving moral turpitude (CIMT);
  • Engaging in prostitution;
  • Two or more convictions with a total sentence imposed of five years or more; 
  • A single incident involving possession of 30 grams or less of marijuana (or a few related marijuana offenses – you other type of drug offense qualifies); and/or

• In addition, you must be:
  • A spouse, parent, son or daughter of a U.S. citizen or green card holder who will face extreme hardship if your waiver application is denied and you are removed;
  • A VAWA self-petitioner:
  • Inadmissible only under the prostitution ground (must prove you are rehabilitated, and the grant of your waiver is not contrary to U.S. interests); or 
  • Inadmissible because of a crime that took place more than 15 years ago (must prove you are rehabilitated, and the grant of your waiver is not contrary to U.S. interests).

The waiver application is discretionary, which means that even if you satisfy all of the above requirements, you must still prove that you are deserving of a grant. Therefore, the positive and negative factors of your case will be weighed to determine whether to grant or deny your application. 

Also, if you have committed a crime that is considered to be “dangerous or violent”, you must prove an extraordinarily high standard in order to win your case. These are the most challenging cases because you must show extraordinary circumstances for your waiver to be granted or exceptional and extremely unusual hardship that would result from the denial of your application.

INA 212(h) Waiver for Aggravated Felonies

If you are a green card holder, and you were convicted of an aggravated felony, you may be eligible to apply for a 212(h) waiver. Under two circumstances, a green card holder may be barred from applying for a 212(h) waiver: if you are convicted of an aggravated felony after being admitted to the U.S. as a permanent resident; or, you did not accrue at least seven years of lawful continuous residence before the start of removal proceedings. If you are convicted of an aggravated felony, there are key defense strategies to be eligible for a waiver which depend on the jurisdiction you reside and the specific facts of your case. 

Boyadzhyan Law has an exceptionally high success rate with 212(h) waivers and this success is attributable to our understanding of the complex laws relating to 212(h) waivers, as well as our level of preparation in submitting a complete packet and advocating for a discretionary grant. 

Contact Boyadzhyan Law for a free initial case evaluation. (818) 572-4100 | info@boyadzhyanlaw.com