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Waiver

The court found that possession of less than one ounce of marijuana in a drug-free zone in violation of Utah Code Ann. §58-37-8(2)(a)(i) and (4)(a)(ix) is not “simple possession” that would qualify for a waiver under INA §212(h). (Olivan-Duenas v. Holder, 1/26/11)

212 (h)

AOS and 212(h)

212(h) waiver

BIA on INA and 212(h)

Alien who procured his admission for permanent residence by fraud or misrepresentation could not obtain a waiver of inadmissibility under Sec. 212(h)

Alien who procured his admission for permanent residence by fraud or misrepresentation could not obtain a waiver of inadmissibility under Sec. 212(h) of the Immigration and Nationality Act, since alien was inspected and authorized to enter the United States before he was convicted of an aggravated felony. Term “previously been admitted” in Sec. 212(h) refers to a procedurally regular admission and not a substantively lawful admission.
Sum v. Holder – filed April 23, 2010

212 H-2

212 application

212h process

Law Offices of Brian D. Lerner, APC