Facing removal proceedings is stressful enough. It can be even more frustrating when you’ve built your life in California and are now worried that an old immigration or criminal issue could put your status at risk. But you have options from certain waivers, and our team at Maison Law Immigration Lawyers can guide you through it. Set up a free consultation today.
What is a 212(c) and 212(h) Waiver in a Removal Case?
When you look at 212(c) and 212(h) waivers, the first thing to understand is that they’re used to address different immigration problems. They can come into play when certain issues would otherwise prevent someone from getting an immigration benefit or could lead to removal. The important part is figuring out which waiver, if any, fits your situation. Here’s a closer look at how 212(c) and 212(h) waivers work:
- A 212(c) waiver is an older form of immigration relief, but it can still be important in some removal cases today. If you have an older criminal conviction that could put your green card or ability to stay in the U.S. at risk, 212(c) may give you a way to fight back. It doesn’t apply to every case, though. Those who qualify:
- Are lawful permanent residents
- Have lived in the U.S. for at least seven years
- Their conviction or guilty plea happened before April 1, 1997.
- A 212(h) waiver works a little differently. It can help you overcome certain criminal or immigration issues that would otherwise make you inadmissible. Basically, it gives you a way to ask the government to forgive that particular issue. You can qualify for this waiver if:
- You have a qualifying U.S. citizen or lawful permanent resident spouse, parent, son, or daughter who would face extreme hardship.
- Your criminal activity happened more than 15 years ago, and you can show that you’ve taken positive steps since.
- You qualify under certain special provisions, like a VAWA case.
So yes, you can use either a 212(c) or 212(h) if you’re up against removal proceedings. But even still, you don’t want to look at them in isolation. You have to look at the whole picture to see whether either one may give you a better chance.
Steps to Take If You’re Facing Removal Proceedings
There’s no way around it: removal proceedings are really scary—especially if it’s because of a past criminal conviction. That’s where looking at a 212(c) or 212(h) waiver might be important, but it’s also about the other steps you might need to take. That can include:
- Go through your NTA carefully. Take some time to understand what DHS is saying and why it believes you should be removed. If something doesn’t make sense, don’t guess about it. Get help understanding what it means.
- Gather your immigration records. This can include your green card, old visa paperwork, previous immigration applications, notices from USCIS or immigration court, and anything else related to your immigration history.
- Get your criminal records together. If a conviction or criminal case is part of your removal proceedings, the details matter. Court records, charging documents, plea paperwork, and the final outcome can all help us understand what we’re dealing with.
- Don’t ignore your immigration court case. Keep track of your court dates and notices. Missing a hearing or ignoring the case can create even bigger problems.
The goal is to get a clear picture of your case before deciding what to do next. A 212(c) waiver may be an option in some older cases, while a 212(h) waiver may come into play in other situations. The key is figuring out whether one of them fits your particular case.
Get Help With Your Removal Case From Maison Law Immigration Lawyers
If you’re facing removal because of an old conviction or another immigration issue, you might be wondering if there’s anything you can do to stay in the United States. That’s where a closer look at your immigration and criminal history can make a difference.
At Maison Law Immigration Lawyers, we can look at your case, explain whether a 212(c) or 212(h) waiver may be an option, and help you understand what you can do next. Set up a free consultation today to talk about your removal case and your options.
