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. 

Gogia & Raj Law, PLLC
  • LinkedIn Social Icon
  • Facebook Social Icon
  • Twitter Social Icon

90 NEWBRIDGE ROAD

HICKSVILLE, NY 11801

(516) 406-4000 

WWW.GOGIALAW.COM

Call Now to Schedule Your Consultation at +1.516.406.4000

ATTORNEY ADVERTISING DISCLAIMER NOTICE. The contents of this website should not be construed as legal advice on any specific fact or circumstance. Its content was prepared by Gogia & Raj Law, PPLC.  It was designed for general information purposes only. Your receipt of such information does not create an attorney-client relationship with Gogia & Raj Law, PLLC or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice. Prior results referred to in these materials do not guarantee or suggest a similar result in other matters.