Minnesota 212(h) Waivers of Criminal Conduct Attorney


Did you know that permanent residents who are facing or have a criminal conviction that could make them deportable have an option to avoid deportation and maintain their green card? Both may be accomplished if you are able to meet the qualifications for a 212(h) waiver.  There are three (3) waivers under section 212(h).  They are the:

  1. Battered Spouse Waiver;
  2. 15-Year Waiver; and
  3. Extreme Hardship Waiver.

These waivers may also be available to those who have been deemed deportable because they have committed the following acts:

  • One (1) single offense of simple possession of 30 grams or less of marijuana;
  • Convictions for two (2) or more offenses in which aggregate sentence is five (5) or more years;
  • Crimes of moral turpitude (generally speaking, these crimes are crimes with the intent to commit fraud, commit theft with intent to permanently deprive the owner, or inflict great bodily harm, as well as some reckless or malicious offenses and some offenses with lewd intent); and even
  • Acquiring Prostitutes or participating in prostitution.

If you have been convicted of one of the above-mentioned criminal activities and aren’t sure if you qualify for a 212(h) waiver, contact our office at 952-361-5556.  One of our experienced immigration attorneys will be able to advise you.

Battered Spouse Waiver

If you were battered or subjected to severe cruelty by your spouse, who is a citizen of the United States or a green card holder, then you may qualify to file the VAWA battered spouse petition.  If you have a dependent child (under the age of 21) the same rules would also apply for them.  Should apply for this waiver and are considered inadmissible due to a qualifying criminal act, you should apply for a 212(h) waiver.

15-Year Waiver

To qualify for this waiver, the applicant must provide evidence that the activities which made them inadmissible have occurred over fifteen (15) years ago.  They must also demonstrate that their admission will not be contrary to the safety, security, or national welfare of the United States and that they also have been rehabilitated.

Extreme Hardship Waiver

Extreme hardship factors include:

  • Whether or not the qualified relatives have family ties to the United States;
  • Extent of qualifying relatives’ family ties abroad;
  • Conditions of your home country;
  • The Financial burden your departure from the United States would impose;
  • Severe health conditions specifically tied to an unavailability of access to suitable medical care in your home country.

Applicants who are deemed inadmissible due to any qualifying criminal conduct may qualify for a waiver if they meet the following conditions:

  1. They can demonstrate that should they be denied admission that their United States Citizen or green holder spouse, parent, or child(ren) would endure extreme hardship; and
  2. The USCIS or Immigration Judge has exercised favorable discretion in their case.

Your waiver is more likely to be approved when you are being represented by an experienced immigration attorney.   Here at Tarshish Cody, we understand that applying for a 212(h) can be a very complicated and stressful process.  We can help you understand what your options are, fully comprehend your rights, and help you get through this process as smoothly as possible.  Contact one of our attorneys at 952-361-5556 (or fill out the free case evaluation form below) to schedule a free initial appointment now.

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