IMMIGRATION 
WAIVERS

212 (C) Waiver

The 212 (C) waiver makes a Lawful Permanent Resident (LPR), who is removable on the basis of criminal convictions, eligible to retain his or her status. A 212 (c) waiver applicant must establish that he or she has been continuously resident for at least 7 years since his or her admission to the United States and, if convicted for an aggravated felony, a sentence of 5 years or more in prison was not served for that conviction.

 

Section § 212(c) of the Immigration and Nationality Act (INA) is intended for LPR who are removable or deportable from the US, usually after the commission of a certain type of crime. If you are a LPR of the United States and you have been placed in removal proceedings due to criminal activity, you could seek a waiver of your convictions and avoid deportation. 

I-601 Waivers

Removal of criminal aliens has always been a priority for the U.S. Government. While immigration laws restrict a non-citizen with criminal convictions from obtaining immigration benefits, Congress provided forms of relief from this oftentimes unduly harsh results.

The INA 212 H waiver (commonly known as I-601 Waiver) forgives several of the criminal grounds of inadmissibility, such as one or more convictions for a CIMT, a single conviction of simple possession of less than 30 grams of marijuana, and even a conviction for an aggravated felony of an immigrant that was never admitted for lawful permanent residency.

237 (a)(1)(H) Waiver

The 237 waiver makes a Lawful Permanent Resident (LPR) or a battered spouse who is removable on the basis of fraud or misrepresentation upon admission, whether willful or innocent, to obtain a discretionary waiver and waive all such grounds of inadmissibility tied to such fraud or misrepresentation. 

If you are a LPR of the United States and you have been placed in removal proceedings due to fraud or misrepresentation, you could seek a waiver of your convictions and avoid deportation.