212(h) Waiver of Inadmissibility Lawyers in San Jose

Offering Clients Hope of Admission to the US

Entering the US and achieving adjustment of status isn’t always a simple procedure. If you or your spouse has a criminal record, you or they could be deemed inadmissible, which can be frustrating and frightening. Many foreign nationals are deported and are separated from their loved ones because of past mistakes. However, this doesn’t have to be the case.

An immigration attorney can help with a waiver application that proves extreme hardship, so you may be permitted to remain in the United States. Demonstrating hardship can be difficult and should only be attempted after seeking counsel from a trusted legal professional. The legal team at The Law Offices of Daniel Shanfield Defense P.C. has helped countless immigrants obtain a waiver despite offenses on their record. We know what it takes to achieve immigration goals and will do everything we can to help you achieve permanent residence or citizenship.

If you are struggling because past offenses are stopping you from being with your permanent resident spouse or U.S. citizen family member, we can help. We will assist you with the waiver application process, including collecting all the necessary documents and filing your petition in a timely manner to give you the best chance of success. Call our law offices now at 408-359-4388 to discuss your immigration goals and needs.

When Can a 212(h) Waiver Be Used?

The Immigration and Nationality Act provides for exceptions to inadmissibility rules. Usually, a foreign national with severe offenses on their criminal record would be removed or deported. However, immigrants with a criminal background can maintain an adjustment of status or even pursue citizenship if they obtain a waiver to prove that their removal would cause extreme hardship.

It can be tricky to prove hardship, requiring the assistance of skilled legal representatives like those at our law firm. Some of the most common times to implement a 212(h) waiver are when applying to adjust status, immigrating through consular processing, or seeking admission at the border.

The 212(h) waiver may be used when dealing with various crimes, including but not limited to:

  • Prostitution
  • Commercial vice
  • Single offense of marijuana possession of 30 grams or less
  • Crimes committed by aliens who have immunity from prosecution
  • Crimes involving moral turpitude (CIMT)
  • Individuals facing multiple convictions with sentences of five years or more

If you or your loved one wants to take advantage of this immigration benefit under the INA, please reach out to a trusted legal representative for help. Your lawyer can help determine whether you qualify and can get you started with the waiver application process. Please note that the process will differ for a foreign national versus a permanent resident. Reach out to our law firm immediately for help overcoming your immigration challenges using a 212(h) waiver.

What Are the Eligibility Requirements for a 212(h)?

Not every foreign national may be eligible for a visa application under the INA. In fact, many individuals are technically eligible but are not admitted into the US, depending on the circumstances and availability of the 212(h) waiver. For example, it can be especially hard to seek a waiver when the crime committed was a violent crime, such as murder or torture. Lawful permanent residents who adjusted to permanency while in the United States may also find getting a 212(h) approved easier than those who entered as an LPR at the border or airport.

Some common circumstances that may lead to a foreign national being considered eligible for a 212(h) waiver include:

  • The person adjusted their status to lawful permanent resident while residing in the United States.
  • The person was convicted of a crime, making them “inadmissible.”
  • The individual traveled outside of the country.
  • The foreign national was arrested when returning to the United States.

Individuals with a qualifying relative, such as a permanent resident spouse, may find it easier to prove extreme hardship if they are not permitted to remain in the US. On the other hand, if the individual was admitted as a green card holder originally, they must comply with additional requirements, including having resided in the US for seven consecutive years before being deported. Please speak with our team of attorneys about starting the waiver application process today.

What Crimes Are Not Eligible Under the 212(h) Waiver?

Certain crimes make it difficult to seek entry into the US. However, even when chances of success are slim and the odds are stacked against you, it is possible to achieve admission. Your attorney can fight alongside you to prove that your removal would cause extreme hardship for yourself and your loved ones.

Some examples of crimes that are more challenging to overcome when seeking a 212(h) include:

  • Aggravated felonies, such as theft, fraud, or white-collar crimes
  • Violent crimes, including murder, torture, and kidnapping
  • Conspiracy or attempted conspiracy
  • A removable offense committed by a foreign national who did not live in the United States for at least seven consecutive years prior to deportation

Please remember that while these crimes make obtaining a waiver more complex, they do not preclude you from getting a favorable result. Our law firm will work tirelessly to get you the best chances on the grounds of extreme hardship. Call us today for lawyers who will fight aggressively for you and your family.

How Does Obtaining a 212(h) Waiver Work?

Many individuals seek a 212(h) when applying to adjust their immigration status, sometimes during removal proceedings. Others are declared inadmissible when attempting to enter the country on the grounds of inadmissible criminal history. Whatever situation you find yourself in, you can fight for your right to enter the US by seeking a 212(h).

One way to improve your chances of approval is to present documents that demonstrate you have good moral character and are not a danger. Some examples of effective documents to use as evidence include:

  • A personal statement indicating the reason you wish to reside in the US
  • Affidavits from individuals who know you closely, such as friends and family members, who can vouch for your good character
  • Evidence of counseling, education, community service, employment, and other actions that demonstrate your rehabilitation efforts
  • Other documents that demonstrate your removal would cause extreme hardship, such as a marriage certificate or other crucial information

Do I Need a Lawyer to Get a 212(h) Waiver?

Often, a foreign national will wonder whether hiring a lawyer when seeking to enter the US is worth it. Some people think that having a U.S. citizen spouse or other qualifying relative means they will gain automatic entry. However, the truth is that the immigration process is highly complex, especially if the prospective immigrant has a criminal history. Hiring a defense lawyer skilled in immigration law may be one of the best ways to ensure you deserve to remain in the country.

Your attorney can help in many ways, including:

  • Providing proof of your relationship with a U.S. citizen, legal permanent resident, or other qualifying relative
  • Ensuring you meet vaccination requirements
  • Helping you identify the correct visa for your unique situation
  • Proving your criminal record is based on a false claim
  • Gathering evidence of your rehabilitation
  • Demonstrating that you deserve to remain in the US on the grounds of extreme hardship
  • Extending your immigration benefits to your child, spouse, or other family member
  • Helping you navigate the petition process, including submitting forms in a timely manner
  • Avoiding deportation for unlawful presence
  • Defending you against alleged crimes that would affect your status

If you or a loved one needs legal assistance in a delicate matter, including deportation defense or gaining lawful residency despite a criminal record, please call our skilled, compassionate legal team right away.

Should You Hire Our San Jose 212(h) Waiver of Inadmissibility Attorneys?

When you are facing removal or are not able to reunite with loved ones due to past criminal offenses, you may feel worried about what the future holds. Please don’t feel that you have to deal with these challenging circumstances alone. You can call our law firm for attorneys who understand what you’re going through and can help you find favorable results, including avoiding deportation for unlawful presence.

At The Law Offices of Daniel Shanfield Immigration Defense P.C., we believe that everyone deserves a second chance. We have the knowledge and skills based on decades of experience, including time spent as an immigration prosecutor. We will leverage our talent and experience to get you the most positive results possible in your case. Don’t hesitate any longer. With so much at risk, every second counts. Call our law offices immediately at 408-359-4388 to speak with our knowledgeable, caring legal team.