Waiver

Successfully obtained granting of application for a waiver under section 212(h) of the Immigration and Nationality Act (INA). Client has been a resident since 2000 and traveled outside the country to visit family in El Salvador. He was stopped by Customs at the airport upon his return because of his criminal history. He was detained by Immigration and Customs Enforcement (ICE) and transferred to a detention center to await a hearing in front of an Immigration Judge in Houston, Texas. He was charged with being inadmissible under section 212(a)(2)(B) of the INA as an immigration who has been convicted of two or more offenses for which the aggregate sentences to confinement actually imposed were five (5) years or more.

Although the client had an extensive criminal history, dating back to 2000, he was eligible for a waiver under section 212(h) of the INA. This section allows certain crimes to be waived for Legal Permanent Residents (LPRs) who have been residents for five (5) years and who have resided lawfully in the United States for seven (7) years prior to the issuance of the Notice to Appear.

The Immigration Judge granted client’s application for a waiver under section 212(h) based on the fact that his United States citizen wife and three children would suffer extreme hardship if he were removed from the United States.”