Immigration Law

Recent Posts

BIA on 212(h) - Matter of Vella, 27 I&N Dec. 138 (BIA 2017)
Posted on 13 Oct 2017 by Daniel M. Kowalski

Matter of Vella, 27 I&N Dec. 138 (BIA 2017) - An alien “has previously been admitted to the United States as an alien lawfully admitted for permanent residence” within the meaning of section 212(h) of the Immigration and Nationality Act... Read More

Tags: waiver , bia , 212(h)

Unpub. BIA on Descamps, Aggravated Felony, 212(h)
Posted on 12 Jul 2013 by Daniel M. Kowalski

"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... Read More

AAO 212(i) Hardship Victory; Mexico, Alien Smuggling, False Claim
Posted on 30 May 2014 by Daniel M. Kowalski

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... Read More

Matter of E. W. RODRIGUEZ, ID 3749, 25 I&N Dec. 784 (BIA 2012)
Posted on 2 May 2012 by Daniel M. Kowalski

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... Read More

Tags: 3749 , Rodriguez , 212(h)

CA6 on 212(h): Stanovsek v. Holder
Posted on 24 Sep 2014 by Daniel M. Kowalski

"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... Read More

Unpub. BIA on Parole Time, 212(h), 'Lawfully Resided Continuously' - Matter of Joseph
Posted on 21 May 2014 by Daniel M. Kowalski

"In this unpublished decision, the Board of Immigration Appeals (BIA) held that time spent pursuant to a grant of parole under INA 212(d)(5)(A) should be counted toward the time an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... Read More

CA2 on 212(h) - Husic v. Holder
Posted on 8 Jan 2015 by Daniel M. Kowalski

"Petition for review of a Board of Immigration Appeals (“BIA”) decision ordering the petitioner’s removal, denying his request for a waiver of inadmissibility under § 212(h) of the Immigration and Nationality Act, 8 U.S.C.... Read More

CA9 on 212(h): Negrete-Ramirez v. Holder
Posted on 21 Jan 2014 by Daniel M. Kowalski

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... Read More

AAO 212(h) Hardship Victory; Mexico; Drug Conviction
Posted on 20 May 2014 by Daniel M. Kowalski

"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... Read More

CA11 on 212(h): Lawal v. U.S. Attorney General
Posted on 1 Mar 2013 by Daniel M. Kowalski

"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... Read More

CA4 on Adjustment, Admission, 212(h): Bracamontes v. Holder
Posted on 4 Apr 2012 by Daniel M. Kowalski

"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... Read More

BIA Finally Caves on 212(h); E.W. Rodriguez, Koljenovic Withdrawn: Matter of J-H-J-
Posted on 12 May 2015 by Daniel M. Kowalski

Official Headnote : An alien who adjusted status in the United States, and who has not entered as a lawful permanent resident, is not barred from establishing eligibility for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality... Read More

CA11 on 212(h): Rivas v. U.S. Attorney General
Posted on 3 Sep 2014 by Daniel M. Kowalski

"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... Read More

BIA on 212(h) Waiver Eligibility: Matter of Paek
Posted on 17 Sep 2014 by Daniel M. Kowalski

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... Read More

Tags: bia , paek , 212(h)

AAO 212(h) Hardship Waiver Victory: Matter of D-M-V-, ID# 15302
Posted on 4 Feb 2016 by Daniel M. Kowalski

Matter of D-M-V-, ID# 15302 (AAO Jan. 28, 2016) - "The Applicant was found to be inadmissible to the United States pursuant to section 212(a)(2)(A)(i)(I) of the Act, 8 U.S.C. § 1182(a)(2)(A)(i)(I), for having been convicted of crimes involving... Read More

Tags: AAO , 212(h) , hardship , Carlin