Recent News
USCIS Updates Policy Guidance for the “Sought to Acquire” Requirement Under the Child Status Protection Act
Release Date: 08/24/2023 We are updating the USCIS Policy Manual to clarify how we will apply the extraordinary circumstances exception to the “sought to acquire”
Keeping Families Together : Application for Parole in Place (NEW PIP August, 2024)
On June 18, 2024, the Department of Homeland Security (DHS) announced a key step toward fulfilling President Biden’s commitment to promoting family unity in the
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212(h) Crime Waiver
What is 212(h) Waivers for Criminal Convictions
The 212(h) waiver is a provision in INA that allows individuals with certain criminal convictions to seek a waiver of inadmissibility. Here are key points related to 212(h) waivers for criminal convictions:
- Purpose:
- The primary purpose of the 212(h) waiver is to provide relief for individuals who would otherwise be deemed inadmissible to the United States due to specific criminal convictions.
- Eligibility:
- Individuals with various criminal convictions, including crimes involving moral turpitude, controlled substance violations, multiple criminal convictions, and certain prostitution-related offenses, may be eligible to apply for a 212(h) waiver.
- Discretionary Authority:
- The decision to grant or deny a 212(h) waiver is discretionary, and it is made by U.S. immigration authorities. They consider factors such as the nature and severity of the criminal convictions, the individual’s ties to the U.S. and their home country, and any rehabilitation efforts.
- Application Process:
- Individuals typically apply for a 212(h) waiver in conjunction with an immigrant visa application or an application for adjustment of status. The waiver request is usually submitted to USCIS.
- Forms:
- Depending on the circumstances, the 212(h) waiver may be applied for using either Form I-601, “Application for Waiver of Grounds of Inadmissibility,” or Form I-601A, “Application for Provisional Unlawful Presence Waiver.”
- Limitations:
- Certain serious criminal convictions, such as aggravated felonies, may not be waivable under the 212(h) provision. The availability of the waiver can depend on the specific nature of the criminal offense.
- Hardship Requirement:
- In many cases, applicants are required to demonstrate that denial of their admission to the U.S. would result in extreme hardship to qualifying family members who are U.S. citizens or lawful permanent residents.
What is Extreme Hardship for a 212h Waiver?
In the context of INA 212(h) waiver, extreme hardship refers to the significant and unusual difficulties or adverse consequences that certain qualifying family members (usually U.S. citizen or lawful permanent resident relatives) would face if the individual seeking the waiver is not allowed to enter or remain in the United States.
Key considerations regarding extreme hardship for a 212(h) waiver include:
- Qualifying Relatives:
- The extreme hardship must be demonstrated with respect to qualifying family members. These typically include U.S. citizen or lawful permanent resident spouses, parents, or children.
- Individualized Assessment:
- The assessment of extreme hardship is individualized and specific to the circumstances of each case. It requires a thorough examination of the unique factors involved.
- Factors Considered:
- Various factors may contribute to a finding of extreme hardship, including but not limited to:
- Health conditions or medical needs of the qualifying family members that cannot be adequately addressed in the individual’s home country.
- Educational or career opportunities that would be adversely affected.
- Financial considerations, such as loss of employment or economic stability.
- Emotional and psychological impact on family members, especially if there are compelling reasons for family unity.
- Various factors may contribute to a finding of extreme hardship, including but not limited to:
- Cumulative Impact:
- Extreme hardship is often assessed based on the cumulative impact of multiple factors rather than focusing solely on one aspect.
- Documentation and Evidence:
- To support a claim of extreme hardship, comprehensive documentation and evidence should be provided. This may include medical records, financial statements, educational records, and any other relevant documentation. It is important to note that proving extreme hardship is a critical component of a successful 212(h) waiver application. As the standards and requirements may evolve, consulting with an immigration attorney is crucial to ensure that the evidence presented aligns with current legal standards and increases the chances of a favorable outcome.
Important Links for Related Visas
Please click the links below to learn the details about other waivers.
Our Expertise and Services
Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.
Follow-up Assistance
After the visa/petition is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.
At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.
Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.
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