Filing a Form I-601 Application for Waiver of the Grounds of Inadmissibility in Conjunction with Adjustment of Status (Form I-485) General Discussion – 212(h) waiver
When applying for adjustment of status (your green card) an individual is required to file a Form I-601 Application for Waiver of the Grounds of Inadmissibility (hereinafter “waiver”) if convicted of a crime involving moral turpitude (CIMT). This waiver is provided for under INA 212(h). Examples of CIMTs may include certain convictions for assault, battery, driving under the influence, and domestic violence, among other convictions. Note that of the aforementioned not necessarily every conviction is considered a CIMT, hence it is imperative to consult with a qualified attorney to determine whether your specific conviction is a CIMT. Note also that convictions for crimes committed under the age of 18 that occurred more than five years ago are not considered CIMTs. Note also that there is a “petty” crime exception to CIMTs. That is, if the maximum penalty possible did not exceed imprisonment for one year and, you were not sentenced to a term of imprisonment in excess of 6 months (regardless of amount of time actually served) then your conviction is not a CIMT.
When applying for adjustment of status an individual is also required to file a waiver if convicted of a controlled substance violation that involved a single offense of simple possession of 30 grams or less of marijuana, a conviction of two of more offenses for which the combined sentence to confinement were five years or more, or a conviction for prostitution offenses. These waivers are also provided for by INA 212(h).
In order to earn an approval of the waiver the individual must demonstrate that the conviction in question occurred more than 15 years before the date of the application for adjustment of status, the admission of the individual would not be contrary to the national welfare, safety, or security of the United States, and that the individual has been rehabilitated. Alternatively, if less than fifteen years have elapsed since the date of conviction, the individual will have to prove that the denial of the waiver would result in extreme hardship to the individual’s spouse, parent, son, or daughter. Note that the spouse, parent, son, or daughter in question must be a Lawful Permanent Resident or a U.S. Citizen.
In addition to waiving criminal convictions, Form I-601 Application for Waiver of the Grounds of Inadmissibility is also used to waive the three and ten year bar for having been unlawfully present in the United States in excess of either 180 days or one year, respectively, and having subsequently departed from the United States. This waiver is provided for under INA 212(a)(9)(B)(v). The individual will have to prove that the denial of the waiver would result in extreme hardship to the individual’s spouse, parent, son, or daughter. Again, note that the spouse, parent, son, or daughter in question must be a Lawful Permanent Resident or a U.S. Citizen.
Finally, in addition to the aforementioned uses, the Form I-601 Application for Waiver of the Grounds of Inadmissibility can also be used in cases where the individual committed immigration fraud or misrepresentation. This waiver is provided for under INA 212(i). Please see our separate article covering said waivers. For a complete list of uses for the waiver you should consult with a qualified immigration attorney.
The waiver should be supported with documentation. Samples of documentation may include:
- copies of criminal records
- a statement from the individual
- letters in support from family, friends, colleagues
- employment verification letter
- tax returns
- evidence of community service
- evidence of achievement, among other types of documentation
Additionally, the waiver should be supported by an attorney cover letter arguing the strengths of the waiver and a table of contents organizing all of the supporting documentation.
Call us at (415)-986-6186 to get your questions answered and learn more about your waiver options.