Lawful Permanent Resident granted stand-alone 212(h) waiver after 10 years in Immigration Court. Client was placed in removal proceedings after returning to the U.S. from a trip abroad because of several California theft convictions. Client also had previous theft/fraud convictions and an order of deportation.
Filed under: best deportation attorney | Tagged: 212(h), criminal waiver, Deportation, fraud convictions, Immigration Court, lawful permanent resident, LPR | Leave a comment »
Bia deference given to particulary serious crime
Filed under: BIA | Tagged: 212(h), 212(h) waiver, Adjustment of Status, BIA, board of immigration appeals, waiver, waiver of inadmissibility | Leave a comment »
In a precedent decision issued today, the BIA held that a respondent who adjusted status inside the U.S., and who did not enter as an LPR, is not barred from establishing eligibility for a waiver of inadmissibility under INA §212(h). In so doing, the BIA withdrew from its previous decisions on the topic, aligning its holding with that of nine circuit courts who have held that the plain language of §212(h) precludes immigrants from establishing eligibility for relief only if they lawfully entered the U.S. as permanent residents and thereafter committed a removable offense for which a waiver is required.
Filed under: Immigration Attorney | Tagged: 212(h), 212(h) waiver, Adjustment of Status, BIA, board of immigration appeals, waiver, waiver of inadmissibility | Leave a comment »
Another recent immigration win. AOS and 212(h) case granted by IJ Tabaddor. DHS waived appeal. Represented client throughout removal process; from when she was detained by ICE and placed in proceedings until she was granted permanent residency. Client was initially charged with inadmissibilty but later with removability once we submitted proof of her lawful entry. Client married her USC husband while in proceedings and we prepared and filed the I-130 which was approved after an RFE. She had several theft convictions, the most recent in 2009 with a 16 month sentence. Client and her co-sponsor testified in support of her applications. Court determined that testimony of husband and children and other witness was not necessary. http://ow.ly/sEOaU
Filed under: Adjustment of Status | Tagged: 212(h), adjusment of status, adjustment, Adjustment of Status, AOS, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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
Law Offices of Brian D. Lerner, APC
Filed under: 212(h) | Tagged: #212(h), 212, 212(h), 212(h) waiver, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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