Category Archives: 212(h)

BIA Holds §212(h) Waiver Available to Petitioner Who Adjusted to LPR Status in the U.S.

Posted on October 18, 2017 by Mike Baker

VELLA, 27 I&N Dec. 138 (BIA 2017) ID 3905 (PDF) 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, … Continue reading →

Posted in 212(h), 212(h) and readjustment, 7th Circuit, 7th Circuit Cases- Aliens, Aggravated felony, BIA, Board of Immigration Appeals, CA7 Holds §212(h) Waiver Available to Petitioner Who Adjusted to LPR Status in the U.S. | Leave a comment

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

Adjustment of Status to LPR Constitutes Admission for Purposes of Continuous Residence Requirement of INA § 212(h) Matter of KOLJENOVIC

Posted on April 30, 2010 by Mike Baker

An alien who entered the U.S. without inspection and later obtained lawful permanent resident (LPR) status through adjustment of status has “previously been admitted to the U.S. as an alien lawfully admitted for permanent residence” and must therefore satisfy the … Continue reading →

Posted in 212(h), Adjustment of Status | Leave a comment