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Types of Immigration Waivers

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What types of immigration waivers are available and who qualifies for them?

Immigration waivers are legal mechanisms that allow certain individuals who are inadmissible or deportable due to immigration violations or criminal records to obtain legal status in the United States. These waivers can forgive different types of violations and crimes, depending on the nature of the offense and other specific factors in each case.

Who Qualifies for Immigration Waivers?

Eligibility for immigration waivers varies depending on the type of waiver and the applicant’s circumstances. Below are the general requirements for some of the most common waivers:

WAIVER 212(H)

This type of waiver allows individuals to obtain legal status through a close family member, even if they have criminal convictions or records. It may forgive certain crimes involving moral turpitude, except murder or torture, prostitution, a single offense of simple possession of marijuana, and multiple criminal convictions. With the help of a specialized attorney, these complex processes can be navigated more effectively and increase the chances of successfully obtaining legal status in the United States.

In other words, individuals who have convictions for certain crimes involving moral turpitude (except murder or torture), prostitution, a single offense of simple possession of marijuana, and multiple criminal convictions may qualify. They must have a close relative who is a U.S. citizen or lawful permanent resident and demonstrate that their deportation would cause extreme hardship to that family member.

WAIVER 212(C)

This waiver is discretionary and allows lawful permanent residents who are deportable due to criminal convictions to keep their Green Cards and remain legally in the United States. Not everyone qualifies, since it is up to the Immigration Judge to grant it after reviewing all the evidence presented.

In other words, it applies to lawful permanent residents who are deportable due to criminal convictions. This waiver is discretionary, and the Immigration Judge must review all the evidence presented before granting it.

Cancellation of Removal (WAIVER 42A)

This applies to individuals who already have a Green Card but have committed a crime that makes them deportable. They must have held lawful permanent resident status for at least 5 years and have lived in the United States for at least 7 years in any status before being placed in removal proceedings.

This type of relief is for individuals who already obtained a Green Card but later committed a crime that makes them deportable. They must have held lawful permanent residence for at least 5 years before the decision on the application and must have lived in the United States for at least 7 years after admission in any status before being placed in removal proceedings and before committing any offense that makes them inadmissible. Although having a criminal record can complicate an immigration process, there are options to request waivers that may allow individuals to regularize their status in the United States. An immigration and criminal defense attorney in Los Angeles, such as Progresso Legal Group P.C., can guide you through this process and increase your chances of success.

Adjustment of Status Through Marriage

For spouses of U.S. citizens or lawful permanent residents who entered the United States legally with a visa, even if the visa has expired.

Spouses of U.S. citizens or lawful permanent residents can request and obtain an immigration benefit through a family petition and adjustment of status to obtain permanent residence within the United States.

How to qualify? If the individual entered the United States legally with a visa, it does not matter if the visa has expired. At Progresso Legal Group P.C., we assist and guide you throughout the entire process, from a full explanation of the process to the preparation of the necessary documents—from the initial applications to the final interview. We simplify your path to permanent residence.

Frequently Asked Questions About Immigration Waivers

What types of crimes can be forgiven with a 212(H) waiver?

Crimes involving moral turpitude (except murder or torture), prostitution, simple possession of marijuana, and multiple criminal convictions.

How long does it take to obtain an immigration waiver?

The time varies depending on the type of waiver, the complexity of the case, and the workload of immigration authorities.

Is it possible to obtain a waiver without the help of an attorney?

Although it is possible, the assistance of an experienced immigration attorney is strongly recommended to navigate these complex processes and increase the chances of success.

What happens if my waiver application is denied?

If it is denied, appeals may be filed or another type of immigration relief may be requested, depending on the circumstances of the case.

Can I work while waiting for the decision on my waiver?
Depending on the type of waiver requested and the applicant’s current status, it may be possible to obtain a temporary work permit.

What evidence do I need to prove that I qualify for a waiver?

Documentation varies depending on the type of waiver, but generally includes proof of residence, good moral character, the impact of deportation on close family members, among other evidence.

What is the difference between a waiver and an inadmissibility waiver?

A waiver forgives certain crimes or violations, while an inadmissibility waiver refers to authorization to enter or remain in the United States despite being inadmissible under certain circumstances.

To receive personalized advice and assistance with the immigration waiver application process, it is recommended to consult with an experienced immigration attorney, such as Progresso Legal Group P.C. The consultation is free!

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