Waiving Inadmissibility for Crimes under INA § 212(h)

Recorded Date: 
Recorded Length: 
90 Minutes
1.5 CA

Your client is inadmissible for crimes. Now what do you do?  In many cases, you can at least apply to waive the offense under INA §212(h). This webinar will cover what can be waived under § 212(h), who can apply for a waiver, when it can be filed, the standards for granting it, and when different rules apply to some permanent residents. We will discuss how § 212(h) can be used to prevent disaster when the client cannot apply for LPR or non-LPR cancellation, as well as the limits the BIA is placing on use of the waiver. This is an intermediate-level webinar that assumes some familiarity with inadmissibility for crimes and waivers in general.


Kathy Brady, ILRC Senior Staff Attorney
Kathy has served with the ILRC since 1987 and has contributed to numerous ILRC projects. Her expertise includes the immigration consequences of criminal convictions; issues affecting immigrant children and mixed families; immigration consultant and consumer fraud; naturalization; family immigration; legal status for immigrant victims of domestic violence through the Violence Against Women Act provisions (VAWA); and trial skills. She is the primary author of Defending Immigrants in the Ninth Circuit (formerly California Criminal Law and Immigration), and for many years was co-author of the section on defending noncitizens in the CEB manual California Criminal Law: Procedure and Practice. She also is a co-author of the ILRC's Special Immigrant Juvenile Status and the Immigration Benchbook for Juvenile and Family Courts. She has helped found coalitions and projects to address these issues, including serving as a co-founder of the Defending Immigrants Partnership and the Immigrant Justice Network. She authored briefs in key Ninth Circuit cases on immigration and crimes. In 2007, she received the Carol King award for advocacy from the National Immigration Project of the National Lawyers Guild, and she served as a Commissioner to the ABA Commission on Immigration from 2009-2012.   Prior to working at the ILRC, Kathy was in private practice with the immigration firm of Park and Associates. She is conversant in Spanish.

Rebecca Sharpless, Director, Immigration Clinic - University of Miami Law School
Professor Rebecca Sharpless directs the Immigration Clinic at the University of Miami Law School Immigration Clinic.  Before that she was a Supervising Attorney at Florida Immigrant Advocacy Center (FIAC), where she engaged in extensive litigation on behalf of low-income immigrants as lead counsel in cases before the United States Courts of Appeals and United States District Courts as well as immigration court.  She was the primary author of an amicus brief to the United States Supreme court in the seminal case INS v. St. Cyr, 533 U.S. 289 (2001). She has received awards and recognition for her work, which includes a focus on immigration consequences of crime, unaccompanied immigrant children, and asylum.