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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

Immigrant Legal Resource Center Practice advisory Jan 3, 2020 Direct PDF available

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