The § 212(H) waiver is designed to help applicants with certain criminal backgrounds who would otherwise be ineligible for U.S. immigration benefits. This waiver can assist:
- Lawful permanent residents charged with deportation
- Applicants seeking immigrant visas at a U.S. consulate
- Applicants applying for adjustment of status within the United States
- Returning lawful permanent residents in removal proceedings
- Returning lawful permanent residents in removal proceedings
Two Types of § 212(H) Waivers
The 15-Year Waiver
The 15-year waiver applies when the applicant’s criminal offense occurred more than 15 years before filing the waiver request. To qualify, the applicant must show:
- The admission would not threaten U.S. safety or security
- The applicant has been rehabilitated
- Approval is warranted as a matter of discretion
The Extreme Hardship Waiver
The extreme hardship waiver can be sought regardless of when the offense occurred. In this case, the applicant must demonstrate:
- A denial would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child
- A favorable exercise of discretion is justified
Keep in mind: Extreme hardship is narrowly interpreted by the Board of Immigration Appeals, so strong evidence and legal arguments are crucial.
Who Is Eligible to Apply for a § 212(H) Waiver?
A § 212(H) waiver can waive the following grounds of inadmissibility:
- Crimes involving moral turpitude (such as fraud-related crimes)
- Multiple criminal convictions resulting in a combined sentence of five years or more
- Prostitution and commercialized vice offenses
- Serious criminal activity with immunity from prosecution
- Controlled substance violations, but only for a single offense involving 30 grams or less of marijuana
- Controlled substance violations, but only for a single offense involving 30 grams or less of marijuana
Why § 212(H) Waivers Are Important
It’s important to understand that § 212(H) waivers are discretionary, meaning immigration officers can approve or deny applications based on a variety of subjective factors. However, with the right legal strategy, a waiver can be a powerful tool to overcome past criminal issues and secure immigration benefits.
How Martinez Immigration Can Help
If you believe you may qualify for a 212(H) criminal waiver or extreme hardship waiver, Martinez Immigration has the experience to guide you through the complex application process. We specialize in difficult and discretionary waivers and can help build the strongest case possible. If your waiver is denied, we can advise you on alternative immigration options to help you stay in or return to the United States lawfully.
