ICE: Know Your Rights


I-212 (h) Waiver

  • Available to either LPR or those applying for Immigrant visas (not NIV)
  • You can file either with USCIS/Consulate/Court


  • 7 years lawful status
  • Good waiver for crimes more than 15 years old (if crime committed over 15 years ago don’t need a qualifying relative), or
  • Need a qualifying relative (spouse/parent/son/daughter) that will suffer hardship
  • No stop time rule for this waiver (unlike the COR)
  • Covers LPR and foreign nationals seeking Immigrant visas
  • Cannot do a standalone I-212 (h) waiver it must be done with an adjustment package.
  • Those with further questions are welcome to consult with an attorney at the law offices of Caro Kinsella to obtain advice on this important document