CA4 on Adjustment, Admission, 212(h): Bracamontes v. Holder

"Based on Petitioner’s conviction for an aggravated felony, the United States sought to remove him pursuant to section 237(a)(2)(A)(iii) of the Immigration and Nationality Act (INA). The immigration judge ("IJ") denied Petitioner statutory eligibility for a waiver of inadmissibility...

Matter of E. W. RODRIGUEZ, ID 3749, 25 I&N Dec. 784 (BIA 2012)

Matter of E. W. RODRIGUEZ, ID 3749, 25 I&N Dec. 784 (BIA 2012) - (1) In removal proceedings arising within the jurisdictions of the United States Courts of Appeals for the Fourth, Fifth, and Eleventh Circuits, an aggravated felony conviction disqualifies an alien from relief under section 212(h)...

BIA on Special Rule Cancellation, 212(h): Matter of Y-N-P-, ID 3767, 26 I&N Dec. 10 (BIA 2012)

Matter of Y-N-P-, ID 3767, 26 I&N Dec. 10 (BIA 2012) - An applicant for special rule cancellation of removal under section 240A(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(2) (2006), cannot utilize a waiver of inadmissibility under section 212(h) of the Act, 8 U.S.C. §...

CA11 on 212(h): Lawal v. U.S. Attorney General

"It is thus unclear whether the BIA’s current interpretation of § 212(h)—that an alien seeking § 212(h) relief who has not filed an adjustment of status application must remain “outside our borders while applying for relief”—overrules Sanchez, or if the BIA’s...

Matter of Rivas, 26 I&N Dec. 130 (BIA 2013)

A waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h) (2006), is not available on a “stand-alone” basis to an alien in removal proceedings without a concurrently filed application for adjustment of status, and a waiver may not be...

Unpub. BIA on Descamps, Aggravated Felony, 212(h)

"The Department of Homeland Security (DHS) appeals the April 9, 2012, decision of the Immigration Judge, which incorporates his December 14, 2011, interim decision, finding that the respondent's conviction was not an aggravated felony and granting the respondent, as a matter of discretion, a...

CA9 on 212(h): Negrete-Ramirez v. Holder

Court staff summary: "The panel granted Juana Negrete-Ramirez’s petition for review of the Board of Immigration Appeals’ decision finding that the statutory language of the Immigration and Nationality Act excludes her from eligibility to apply for a waiver of inadmissibility under Immigration...

AAO 212(h) Hardship Victory; Mexico; Drug Conviction

"The favorable factors in the applicant's case include the extreme hardship his spouse would suffer as a result of his inadmissibility; his other family ties to the United States; the lack of any criminal record beyond the conviction for possession of marijuana, and, as attested to by numerous...

Unpub. BIA on Parole Time, 212(h), 'Lawfully Resided Continuously' - Matter of Joseph

"In this unpublished decision, the Board of Immigration Appeals (BIA) held that time spent pursuant to a grant of parole under INA 212(d)(5)(A) should be counted toward the time an applicant for a waiver under INA 212(h) has "lawfully resided continuously in the United States." "...

AAO 212(i) Hardship Victory; Mexico, Alien Smuggling, False Claim

Tarik H. Sultan writes: "Applicant, married to U.S. citizen husband with U.S. citizen children, filed adjustment with INA § 212(i) waiver to address pre-1996 false claim to citizenship. USCIS denied adjustment, finding her inadmissible for alien smuggling because her underage brother had also...

CA11 on 212(h): Rivas v. U.S. Attorney General

"This petition for review requires us to decide whether a deportable alien who has left and reentered the United States may obtain nunc pro tunc a waiver of inadmissibility. See Immigration and Nationality Act § 212(h), 8 U.S.C. § 1182(h). The State of Florida twice convicted petitioner...

BIA on 212(h) Waiver Eligibility: Matter of Paek

Official Headnote: An alien who was admitted to the United States at a port of entry as a conditional permanent resident pursuant to section 216(a) of the Immigration and Nationality Act, 8 U.S.C. § 1186a(a) (2012), is an alien “lawfully admitted for permanent residence” who is barred...

CA6 on 212(h): Stanovsek v. Holder

"This case raises the issue of whether an alien who has adjusted his status to that of a lawful permanent resident after being admitted to the United States on a nonimmigrant visa, and who is later subject to removal for committing an aggravated felony, may seek a hardship waiver. A provision of...