Waivers for Criminal Inadmissibility Grounds-INA § 212(h) 

The INA § 212(h) contains a waiver for certain grounds of inadmissibility, including crimes involving moral turpitude (CIMT); controlled substance violation relating to a single offense for possession of marijuana of less than 30 grams; prostitution; and individuals with multiple criminal convictions.

Eligibility Requirements

The following are inadmissibility grounds that may be waived:

  • A person made inadmissible under the prostitution or commercialized vice grounds of inadmissibility, or because of activities over 15 year prior to the application of the visa, whose admission would not be contrary to the security of the U.S. and has been rehabilitated.
  • A person's in admissiblity would be an extreme hardship to a spouse, parent, son, or daughter of a United States citizen or Landed Permanent Resident.
  • A person who qualifies as a VAWA self-petitioner under Violence Against Women Act ("VAWA"). 

The following are additional requirements that apply to each of the INA § 212(h) waivers:

  • The government consents to the person applying or reapplying for a visa, admission to the U.S, or adjustment of status;
  • The person cannot have admitted to, attempted to, conspired to, or been convicted of, murder or torture. 
  • Landed Permanent Residents. A Landed Permanent Resident is ineligible if: (1) they have been convicted of an aggravated felony; or (2) they have not resided lawfully and continuously in the United States for seven years prior to the initiation of removal proceedings. 

Battered Spouses and Children (VAWA)

Section 212(h) is also available to spouses and children who hae been victims of domestic violence at the hand of a U.S citizen or Land Permanent Resident.