Eligibility for Relief: Waivers Under INA § 212(h)
Section 212(h) of the INA provides a waiver for crimes inadmissibility grounds, which can be surprisingly useful for undocumented people, VAWA applicants, or permanent residents. It can be applied for multiple times; it has the potential to waive an aggravated felony conviction (unless it is related to drugs); it can be used both affirmatively and as a defense to removal; and it does not always require proof of "extreme hardship." Unfortunately, it can't be used to waive drug convictions or cond
Why it matters
Useful as a practitioner-oriented overview from Immigrant Legal Resource Center on Removal Defense; review the source material for the most current authority and procedure.
Topics
Removal defense
Crimes and categorical approach
Waivers
VAWA / U / T
Workflows
Immigration court deadline
Crim-imm screening
VAWA, U, T, and survivor relief
Forums
Cross-forum
Jurisdictions
National