Eligibility for Relief: Waivers Under INA § 212(h)

Removal Defense
U Visa/T Visa/VAWA
Publication Date

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 conduct, other than a single incident involving possessing a small amount of marijuana. 

This Advisory provides an annotated checklist, to use to see if your client might be eligible to apply for INA § 212(h) relief.