As an experienced immigration and criminal defense attorney in New York and New Jersey, I have encountered numerous clients facing the daunting prospect of deportation due to criminal inadmissibility issues. In this comprehensive guide, I will provide you with valuable insights into waivers for criminal inadmissibility in the context of Green Card applications. We will explore the definitions, processes, and strategies to navigate this complex aspect of immigration law.
Understanding Criminal Inadmissibility
What is Criminal Inadmissibility?
Criminal inadmissibility refers to a situation where an individual is deemed ineligible for admission or adjustment of status in the United States due to prior criminal convictions or other related reasons. This can pose a significant hurdle for those seeking to obtain a Green Card.
Crimes Involving Moral Turpitude (CIMT)
One of the key concepts within criminal inadmissibility is Crimes Involving Moral Turpitude (CIMT). These are crimes that involve dishonesty, fraud, or any act that goes against accepted standards of morality. CIMTs can lead to inadmissibility unless a waiver is obtained.
Types of Waivers
Waiver of Inadmissibility
A waiver of inadmissibility is a legal remedy that allows individuals who would otherwise be deemed inadmissible to enter or remain in the United States. There are various types of waivers available, including:
- I-601 Waiver: This waiver is available for certain grounds of inadmissibility, such as CIMTs, and requires a demonstration of extreme hardship to a qualifying relative.
- I-212 Waiver: This waiver is applicable to those who have been previously deported and wish to reapply for admission. It involves proving that reentry would not be detrimental to the United States.
- 212(h) Waiver: Specifically for those with CIMT-related inadmissibility, the 212(h) waiver is an option if you can show that your admission is not contrary to the national welfare, safety, or security of the United States.
The Application Process
Filing the Waiver
To apply for a waiver, you will need to complete the relevant form and submit it to U.S. Citizenship and Immigration Services (USCIS). Ensure you include all required supporting documents and fees. The process may vary depending on the type of waiver you are seeking.
Seeking Legal Counsel
Given the complexity of immigration law and the high stakes involved, it is highly advisable to seek legal representation. An experienced immigration attorney can assess your case, guide you through the process, and present a strong case for the waiver.
FAQ – Frequently Asked Questions
Q1: Can I apply for a Green Card if I have a criminal record?
A1: Yes, it is possible to apply, but your criminal record may render you inadmissible. You may need to pursue a waiver, depending on the nature of your convictions.
Q2: What is extreme hardship, and how is it proven for an I-601 waiver?
A2: Extreme hardship involves showing that the denial of admission would result in significant harm to a U.S. citizen or permanent resident spouse or parent. It is a complex legal standard that requires a thorough evaluation of individual circumstances.
Q3: How long does it take to obtain a waiver for criminal inadmissibility?
A3: The processing time can vary significantly depending on the specific waiver, USCIS workload, and other factors. It is essential to be patient and prepared for potential delays.
For more detailed information and personalized guidance, please visit my website at Criminal Immigration Lawyer. I am here to assist you in navigating the intricate process of obtaining a waiver for criminal inadmissibility and achieving your immigration goals. Don’t hesitate to reach out for professional assistance.
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