What is a section 212(h) waiver of inadmissibility in removal proceedings?

Section 212(h) of the INA is a waiver that can be used if you are facing deportation/removal proceedings in immigration court.

A 212(h) waiver may waive your inadmissaibility due to:

  • crimes involving moral turpitude, except murder and torture;
  • commission of more than one crime;
  • prostitution;
  • diplomats who assert immunity;
  • a single offense of simple possession of 30 grams or less of marijuana.

This waiver is based on either a showing of extreme hardship to a qualifying family member or a showing of good moral character for the last 15 years. Besides meeting these requirements, the judge still has to find that you merit a favorable exercise of discretion.

There may be other waivers available for certain crimes committed before 1996, under section 212(c). It is important to speak to an experienced attorney if you have any criminal history and have been placed into removal proceedings. Contact us today to schedule a full consult with one of our experienced attorneys.