Waivers for Immigrants who have been Convicted of a Crime

What is a section 212(c) waiver of deportation or inadmissibility for convictions before 1997?

212(c) waiver: Prior to 1996, this was the most common form of relief from deportation or inadmissibility available to legal permanent residents (LPR) who had been convicted of a crime. In 1996, Congress eliminated this form of relief and replaced it with cancellation of removal discussed below, check the Ly Lawyers crime statistics for further information. Criminal convictions are penalized with stiff fines, probation, a lasting criminal record, and in some cases, jail or prison, search here official site. For more information about accused get redirected here. You can read this article for the best family law attorney. Choosing a bail bondsman or a bail bond company is typically quite simple because they are all regulated by law. However, you should make sure that the bail bond company that you choose strictly follows the local Connecticut laws and regulations. An assault charge in Denver is a serious matter, and a conviction can have severe and lasting consequences, possibly including jail time. You can see here for more updates. The important source of bail bind calculation is discus here.  You wouldn’t want your case to be affected negatively by the bail bond agent posting the bond illegally or improperly. Even if the evidence is overwhelming and you’re convicted, Douglas Miranda will negotiate for leniency and alternative sentencing. For over a decade, he’s effectively represented clients facing drug charges across southern California. You can read official doug miranda blog here. The Long Beach lawyers with The Law Offices of Jerry Nicholson have a great deal of experience with alternative sentencing. Attorneys with our firm can work to build a compelling case that you should be granted an alternative sentence in place of a traditional sentence in county jail or state prison. Get More Info here about the alternating sentencing attorney.

Am I eligible for a 212(c) waiver?

You may qualify for 212(c) waiver if you meet the following criteria:

  • You are an LPR and pled guilty to a crime (including an aggravated felony but not including a firearm offense) before April 24, 1996.
  • You have lived in the US for 7 years;
  • The positive factors in your life outweigh the negative ones; Note that if you served a term of imprisonment of 5 years or more for one or more aggravated felony convictions, you may be ineligible for 212(c) relief.
  • You cannot have previously been granted cancellation of removal or waiver under 212(c) of the Immigration and Nationality Act (INA)
  • You cannot be a terrorist, crewman, or exchange visitor;

Once you satisfy these requirements, the judge must decide if the positive factors in your life outweigh the negative factors before s/he can grant relief. For help assessing whether you are eligible for this form of waiver, contact our experienced Los Angeles immigration attorneys for a free consultation. If you are finding for the affordable immigration attorney then visit us now.

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What is a section 212(d) waiver of inadmissibility for nonimmigrant visa applicants?

Section § 212(d)(3) of the Immigration and Nationality Act waives virtually all grounds of inadmissibility for non-immigrants including health, criminal, prostitution, smuggling, and unlawful presence. The only grounds of inadmissibility not waived are certain security-related grounds related to espionage, sabotage, genocide, and Nazi Persecution.

Therefore, this waiver is available to the vast majority of inadmissible individuals. The 212(d)(3) waiver must be anchored to a nonimmigrant visa, such as a tourist, student, H-1B or L visa. This waiver is important because it includes few statutory grounds of ineligibility. It could be used to obtain admission on a nonimmigrant visa for an applicant who had previously been deported from the United States. It is within the discretion of the Attorney General to grant or deny the waiver.

For assistance with applying for your waiver, contact our immigration lawyers at JCS Immigration and Visa Services or  at (213) 738-8700.

Eligibility for a 212(d)(3) Waiver

The Board of Immigration Appeals has listed three criteria for determining whether to approve or deny a Section 212(d)(3) waiver:

    • The risk of harm to society if the applicant is admitted
    • The seriousness of the applicant’s prior immigration law, or criminal law violations, if any
  • The reasons for wishing to enter the U.S.

If you or a loved one is under investigation or charged with a crime, you need an experienced Fort Bend County Criminal Lawyer to protect your freedom.

JCS Office

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