Waivers of Inadmissibility
The 212(c) waiver of inadmissibility is available to eliminate certain criminal convictions including those considered to be aggravated felony convictions if the alien:
- Plead, (as oppose to going to trial), to criminal charges before April 24, 1996;
- Is a lawful permanent resident
- had a green card for at least seven consecutive years prior to the date of final order of deportation.
- Is not subject to deportation or removal on the grounds of terrorism or national security.
- Is not unlawfully present in the United States after a previous immigration violation, or have been convicted of a firearms offense, or have been convicted of an aggravated felony offense (or offenses) for which he served at least five years in prison.
The purpose of the 212(i) waiver of inadmissibility is to protect individuals from being deported because this would cause an extreme hardship on them and their families.
The purpose of the 212(h) waiver of inadmissibility is to protect individuals from being deported because of moral turpitude crimes (except murder or torture), commision of more of one crime, prostitution or a single offense of possesion of up to an ounce of marijuana.
This form of relief, if granted by an immigration judge, will avoid a removal order and thereby allow you to return to the U.S. without a mandatory 5 or 10 year bar of reentry which would otherwise result from a removal or deportation order.
An Immigration Judge can grant up to 120 days of voluntary departure time if voluntary departure is requested at the Master Calendar hearing, (prehearing voluntary departure) or 60 days if requested at the Individual hearing.
A showing of good moral character is not required for prehearing voluntary departure. However, good moral character is required if voluntary departure is requested at the Individual hearing, along with a showing of being physically present in the USA at least 1 year prior to being served with the Notice to Appear.
A $500.00 bond will also be required by the Immigration judge if voluntary departure is requested at the Individual hearing. An alien convicted of an aggravated felony is ineligible for voluntary departure at either the Master Calendar or Individual hearing stage.
Please note that there are serious consequences if are granted voluntary departure and do not leave as required. Such consequences can include monetary penalties and bars to relief.
“Helping you to obtain the right visa, when you need it”
When you contact our firm for an initial consultation, we will take the time to educate and explain the immigration laws, regulations and the visa application procedures for your particular case. As a client, you will receive personal attention and work directly with an experienced attorney who will be able to answer any questions you have and keep you informed and aware of new developments as your case moves forward.
For all of your legal immigration needs, contact the immigration lawyers of Muston & Jack, P.C., at our San Francisco, San Jose or Pasadena California law offices to schedule an initial consultation.