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Do I qualify for 212 h waiver without adjusting status?
Anonymous4 views4 answers
I am in removal proceedings with an aggravated felony that happened before i received green card. At this point no relief was applied for except for pardon, which my attorney believes is the only hope. He says that i cannot file I-130 thru an LPR parent bc i applied for GC before i turned 21 while being on H4 and my mother had H1B. It is hard to believe...why cant' I adjust through I-130 in my situation? Do I qualify for any other form of relief? Please do not advise me to thoroghly discuss this with my lawyer bc he doesnt care what happens to me, he only getting $4k for my case, chump change, and hiring another attorney at this point may be too late..what another lawyer can do that this one didnt? Im in removal p. for almost 2 yrs....
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
You case is very challenging. I know you dread doing this, but your situation calls for an independent assessment by another immigration attorney with a review of all relevant case documents in your presence. You may pay a consultation fee at that time, but it your case, to know your immigration options correctly is not a luxury, it is a necessity.
I agree. Seek a second opinion. Mr. Ivakhnenko seems to speak your language.
The challenge is, "what are the charges?" If you were stopped at a port of entry, then were you paroled for removal and charged as an arriving alien? It seems like you were inadmissible, but managed to get your greencard.
You may need more than a 212(h) waiver, but it is unclear but seems likely that USCIS is taking away (rescinding) your permanent resident status. This means that it seems like it may be too late to request a waiver. Good luck.
I'm sorry you're going through this. You should get a second opinion. But, NO ATTORNEY will give you a guarantee. If someone does, then they are lying to you. Sorry. No guarantees in the legal field.
Sonya Nicole CampbellImmigration AttorneyClarkston, GA ·
As I understand the current law, the only way you can apply for a 212 waiver, as a green card holder, is to leave the US, and apply for the waiver upon re-entry, which, to be honest, with an aggravated felony, would be quite difficult...
