Category Archives: 212(h) waiver

CA7 Holds §212(h) Waiver Available to Petitioner Who Adjusted to LPR Status in the U.S.-Papazoglou v. Holder

Posted on August 9, 2013 by Mike Baker

7th Circuit Joins 3rd, 4th, 5th, and 11th regarding 212(h) and readjustment-Papazoglou v. Holder. August 6, 2013, Decided. The court joined four other circuits in holding that §212(h) precludes a waiver only for those persons who were LPRs at the … Continue reading →

Posted in 212(h), 212(h) and readjustment, 212(h) waiver, 7th Circuit, 7th Circuit Cases- Aliens, 8 U.S.C.S. § 1182(h), CA7 Holds §212(h) Waiver Available to Petitioner Who Adjusted to LPR Status in the U.S. | Tagged | Leave a comment

CA7 Margulis v Holder: “stand-alone” waiver of inadmissibility under section 212(h) in removal proceedings

Posted on August 6, 2013 by Mike Baker

Margulis embarked on a business trip to Canada but was stopped by Canadian immigration officers just inside Canadian territory. They refused to allow him to “enter” Canada (of course he was in Canada when they told him this). So he … Continue reading →

Posted in 212(h), 212(h) waiver, 7th Circuit, 7th Circuit Cases- Aliens, arriving alien, entry, inadmissibility, nunc pro tunc relief, reentry, stand-alone waiver of inadmissibility under section 212(h), Waivers of Inadmissibility | Leave a comment

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

Posted on May 4, 2012 by Mike Baker

(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 →

Posted in 212(h), 212(h) waiver, Aggravated felony, BIA, Board of Immigration Appeals | Tagged | Leave a comment

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

Posted on January 13, 2012 by Mike Baker

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

Posted on July 24, 2011 by Mike Baker

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 →

Posted in 212(h) waiver, BIA, Board of Immigration Appeals | Leave a comment