What are the requirements for a 212(c) waiver?

The requirements for a 212(c) waiver, also known as a “waiver of inadmissibility,” depend on the specific circumstances of the individual’s case. However, here are some general criteria that may be considered:

  1. Eligibility: The individual must be eligible for a 212(c) waiver. This typically applies to lawful permanent residents (green card holders) who are facing deportation or removal proceedings based on certain criminal convictions.
  2. Lawful Permanent Resident Status: The individual must be a lawful permanent resident of the United States, meaning they hold a valid green card.
  3. Length of Residence: Generally, the individual must have resided in the United States for a certain period of time, often at least seven consecutive years as a lawful permanent resident, before the commission of the crime that led to their deportation proceedings.
  4. Admissibility Criteria: The individual must demonstrate that they are eligible for a waiver of inadmissibility under section 212(c) of the Immigration and Nationality Act (INA). This may involve showing that they are not a threat to public safety and that their positive equities outweigh any negative factors.
  5. Criminal Convictions: The individual’s criminal history will be assessed, including the nature and severity of the convictions. Certain crimes, such as aggravated felonies, may make an individual ineligible for a 212(c) waiver.
  6. Positive Equities: The individual may need to demonstrate positive factors such as family ties in the United States, community involvement, rehabilitation efforts, employment history, and other evidence of good moral character.
  7. Hardship: In some cases, the individual may need to show that their deportation would result in extreme hardship to themselves or their qualifying relatives, such as spouses, parents, or children who are U.S. citizens or lawful permanent residents.

It’s important to note that each case is unique, and the requirements for a 212(c) waiver can vary based on factors such as the individual’s immigration history, criminal record, and personal circumstances. Consulting with an experienced immigration attorney is advisable for personalized guidance on pursuing a 212(c) waiver.