What is a 212 h waiver?

INA § 212(h) enables immigration authorities to waive many criminal grounds of inadmissibility in some circumstances, but a waiver applicant must meet various eligibility requirements, must not be subject to certain bars to relief, and, ultimately, must show that relief is warranted as a matter of discretion.

Who qualifies for cancellation of removal?

To be eligible for cancellation of removal, a permanent residents must show that he/ she (1) has been a lawful permanent resident for at least five years, (2) has continuously resided in the United States for at least seven years and (3) has not been convicted of an aggravated felony.

How long does cancellation of removal take?

How long does it take to win a Cancellation of Removal case? Currently, approximately four years for non-detained cases. If you are detained and unable to get released on bond, you may only have a few months to prepare your case.

Who qualifies for a 212 h waiver?

(2) Extreme Hardship 212h Waivers If you inadmissible due to any qualifying criminal conduct, you may qualify for a waiver if: (1) you can show that if you were denied admission, your US citizen or green card holder spouse, parent, son or daughter would suffer extreme hardship; and (2) the USCIS or an Immigration Judge …

How long does a 212 waiver take?

Processing times will range from 60 to 90 days from the day the biometrics are completed.

How much does the I 212 cost?

$930
$930. When you send a payment, you agree to pay for a government service. Filing and biometric service fees are final and non-refundable, regardless of any action we take on your application, petition, or request, or if you withdraw your request.

Can I apply for citizenship after Cancellation of Removal?

The time period and relevant requirements to apply for U.S. citizenship do not change after a grant of Cancellation of Removal.

What happens if Cancellation of Removal is denied?

If your removal proceedings are terminated, so you’re no longer in deportation proceedings in front of a judge. You become a legal permanent resident unless you commit another crime that violates your status.

What happens if cancellation of removal is denied?

Can I apply for citizenship after cancellation of removal?

What are the grounds of inadmissibility?

The general categories of inadmissibility include health, criminal activity, national security, public charge, lack of labor certification (if required), fraud and misrepresentation, prior removals, unlawful presence in the United States, and several miscellaneous categories.

What happens after I-212 waiver is approved?

If the I-212 waiver application is approved, the foreign national can reschedule an interview with the U.S. consulate/embassy abroad and obtain a visa. In approximately ONE (1) to THREE (3) months after arriving to the U.S., the foreign national will receive his/her Permanent Resident Card (“Green Card”).

How long does it take for I-212 waiver to be approved 2021?

Please allow at least 150 days from the date of submission of your Form I-212 before making an inquiry about the status of your application. A full review of your circumstances can take up to six months or longer. You may ask for an update by emailing [email protected].

Can I get waiver after deportation?

Form I-212 is a waiver request that allows such aliens to seek consent from the United States government to apply for lawful re-admission to the United States after having been deported or removed.

What happens after cancellation of removal?

How long does it take to get a green card after cancellation of removal?

If you complete the steps properly, you should get your green card within about two or three weeks after your InfoPass appointment or any additional biometrics appointment that may be required. You should receive a copy of the final order approving cancellation of removal and adjustment of status.

How can I get green card after cancellation of removal?

After verifying your identity, certain biographical information, and the IJ’s order granting you cancellation of removal, USCIS will be able to order your green card and mail it to you.

How long does waiver of inadmissibility take?

between 8.5 and 11.5 months
The average processing time for Form I-601A is between 8.5 and 11.5 months. Make sure you carefully read the section of the Form I-601A instructions about your immigration status when applying for this waiver.

What is a 212 H waiver?

The § 212 (h) waiver is most commonly use to waive inadmissibility in conjunction with: 1 An application to adjust status (either by petition or in removal proceedings); 2 An application to immigrate through consular processing; or 3 When seeking admission at the border and declared inadmissible.

Can 212h be used to waive an aggravated felony conviction?

Can 212h be used to waive an aggravated felony conviction? Yes, with certain conditions, someone convicted of an aggravated felony can apply for a “stand-alone” 212h waiver. Aggravated felonies consisting of theft, fraud, counterfeiting, or other white collar crimes are the most typical ones in which a stand-alone 212h waiver is granted.

Can a US citizen file a 212h petition for battered spouse?

(3) Battered Spouse 212h Waivers If your spouse is a US citizen or green card holder and you were battered or subjected to extreme cruelty by your spouse, you may file a VAWA battered spouse petition. The same rules apply to a battered child.