Category Archives: 212(h) waiver

212(h) discretionary waiver: Matter of E. W. Rodriguez, 25 I&N Dec. 784 (BIA 2012) Interim Decision #3749

(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) of the Immigration and Nationality Act, … Continue reading

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Proposed Rule Change Will Unify Families Subject to 3 and 10 Year Bars: Provisional Waivers of Inadmissibility for Certain Immediate Relatives of U.S. Citizens

On January 6, 2012 the U.S. Citizenship and Immigration Services (USCIS) announced a proposal to streamline the application process for the spouses and children of U.S. citizens currently eligible for legal permanent resident status, minimizing the amount of time that … Continue reading

Posted in 212(c), 212(h) waiver, 245(i), 3 and 10 Year Bar, 8 U.S.C. 1182(a)(9)(B)(i), Ciudad Juarez, Federal Register Proposed Rules, Provisional Waivers, Waivers | Tagged | 1 Comment

BIA Finds § 212(h) Waiver Not Available to Overcome Bar to Cancellation of Removal

Matter of BUSTAMANTE, 25 I&N Dec. 564 (BIA 2011) The bar to cancellation of removal in section 240A(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(C) (2006), which precludes an alien who has been convicted of an offense … Continue reading

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Ninth Circuit Finds Son of U.S. Citizen Remains Such After Citizen’s Death and Remains Eligible for § 237(a)(1)(H)(i) Waiver.

The U.S. Court of Appeals for the Ninth Circuit, in reviewing the decision of the Board of Immigration Appeals (BIA or Board) in Matter of Federiso, 24 I. & N. Dec. 661 (B.I.A. Oct. 23, 2008), has held that the … Continue reading

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