Waiver for Certain Criminal Activity (INA Section 212(h)(Form I – 601)

Under U.S. immigration law, there are certain criminal offenses that can make an individual inadmissible to the United States. These offenses include crimes involving moral turpitude, drug offenses, prostitution, and certain other crimes. However, a 212(h) waiver may be available in certain cases.

To be eligible for a 212(h) waiver, an individual must meet the following requirements:

1.They must be applying for admission to the United States or applying for adjustment of status;
2.They must be inadmissible due to a criminal conviction or other activities;
3.They must demonstrate that the denial of their admission would result in extreme hardship to their U.S. citizen or lawful permanent resident spouse, parent, or child;
4.They must be otherwise admissible to the United States, except for the specific ground of inadmissibility.

It's important to note that the 212(h) waiver is discretionary, meaning that the decision to grant the waiver is up to the discretion of the immigration officer or judge. Additionally, certain criminal offenses, such as crimes involving moral turpitude or controlled substances, may have additional requirements for the waiver to be granted.