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Understanding 212(h) Waivers
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The immigration system in the United States has a number of requirements for anyone wishing to enter the country through asylum status, a work visa, or even eventually citizenship. One of the most important requirements for immigrants is that they do not have a criminal past. However, having a criminal record does not automatically bar someone from seeking the status they want.
A 212(h) waiver is sometimes available for immigrants that would otherwise be considered inadmissible to enter the country based on a criminal conviction. If you have a criminal record and still want to enter the country, it is important to understand what these waivers are, and if you are eligible.
212(h) Waivers
If you are already in the United States but do not have legal immigration status due to a criminal history, you may be eligible for a 212(h) waiver. If you have a green card and fear losing it due to a criminal offense, a 212 (h) waiver can also help you maintain your immigration status. These waivers are available to applicants that have been convicted of certain crimes, which include the following:
- Solicitation or prostitution
- An offense of marijuana possession for no more than 30 grams
- A criminal conviction for two or more crimes for which the combined sentence was at least five years
- Crimes involving moral turpitude
- Being involved in serious criminal activity but the prosecution granted immunity
Immigration law in the United States allows for the rejection or revocation of legal status when a person has been convicted for the above criminal offenses. However, a 212(h) waiver can help these same individuals remain in the country.
Grounds for a 212(h) Waiver
There are several grounds for obtaining a 212(h) waiver, including:
- Battered spouse waivers: If the applicant has been subjected to extreme cruelty or battery by their spouse or parent that is a United States citizen, they can file a Violence Against Women Act (VAWA) petition. If that petition is approved but the applicant still faces issues due to criminal activity, they can apply for a 212(h) waiver.
- Extreme hardship waivers: Individuals that can demonstrate that denial of entry into the country would cause extreme hardship to a family member that has citizenship, they can apply for a 212(h) waiver.
- 15-year waivers: When a person is deemed inadmissible due to criminal activity that took place over 15 years ago, and they can show they have been rehabilitated, they may apply for a 212(h) waiver.
While a 212(h) waiver may provide a second chance for many immigrants wishing to remain in the country, the process is complex. An Illinois immigration lawyer can help you through it and give you the best chance of success.
Our Illinois Immigration Lawyers are Here to Help
If you wish to enter or remain in the country, our Chicago immigration lawyers at Kriezelman Burton & Associates, LLC are here to help. Call us today or fill out our online form to schedule a confidential consultation with one of our knowledgeable attorneys to learn more about how we can help.
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I had a wonderful experience working with Kriezelman Burton & Associates, LLC. From start to finish, the team was professional, knowledgeable, and truly dedicated to guiding me through every step of the process. They made what could have been a stressful situation feel smooth and manageable, always answering questions quickly and keeping me updated. I especially want to thank Khabit for his outstanding support—he was patient, detail-oriented, and went above…
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We worked with Kevin Raica from Kriezelman Burton & Associates, LLC, and I can confidently say he went above and beyond for us. Our process was very long and at times overwhelming, but Kevin guided us every step of the way with professionalism, patience, and dedication. He was always available to answer our questions, explained everything clearly, and made sure we understood our options at each stage. What stood out…
A family friend referred me to work with Maya Flores at Kriezelman Burton & Associates, LLC to help me with my U.S. naturalization. Despite the current immigration tension, Maya helped make the process smooth and her familiarity with procedure helped ease my anxiety. She submitted the citizenship application on my behalf and let me know what to expect. I decided to retain her service for the civics interview as well,…
I really want to thank Justin and Kamila; they are the best. I waited almost 20 years and no one could help me get my green card and in 4 months they helped me get my permit, and I got my green card in less then 4 months. They are the best. I will always be grateful for what they did for me, thank you Justin and Kamila!!!!
I am writing this review to express my deepest gratitude for the hard work on our case by our Immigration Attorney, Lauren McClure and her Paralegal, Kamila Lada. My Green Card was approved! I know this wouldn't have been possible without their expertise and dedication. They both were extremely helpful, responsive, and guided us through every step of the way. Lauren took the time to train us for our interview…
I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
I had an outstanding experience working with Brittni Rivera. From our very first consultation, she demonstrated deep expertise, professionalism, and genuine care for my case. Navigating immigration processes can be incredibly stressful, but Brittni made the entire journey much more manageable and transparent. She were always responsive to my questions, provided clear guidance at every step, and never made me feel like just another case. Thanks to her hard work…
Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
I have worked with Kevin Raica for my VAWA application. Let me tell you he has been AMAZING. Unlike other lawyers Kevin has always went above and beyond for me. Kevin is not in it for the money he is in it to HELP people and make a difference. He has walked me through the entire process and always answers any questions I have no matter what. This law firm…
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