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What Relatives Can Help You Get a 212(h) Waiver?
What Relatives Can Help You Get a 212(h) Waiver?
A 212(h) waiver allows certain immigrants who have committed crimes or engaged in other prohibited activities to still be eligible for a green card or visa. To qualify for a 212(h) waiver, you generally need to show that your U.S. citizen or lawful permanent resident (LPR) spouse, parent, son or daughter would suffer “extreme hardship” if you are denied admission to the U.S. or removed from the country.
Qualifying Relatives for 212(h) Waivers
According to U.S. immigration law (INA 212(h)(1)), the following relatives can help you get a 212(h) waiver by proving extreme hardship:
- U.S. citizen or LPR spouse
- U.S. citizen or LPR parent
- U.S. citizen or LPR son or daughter over 21 years old
In some cases, you may also be able to qualify for a 212(h) waiver without a qualifying relative if:
- Your crime was committed more than 15 years ago and you have been rehabilitated
- You were involved in prostitution
- You committed a single offense of simple possession of 30 grams or less of marijuana
However, it is often easier to get a 212(h) waiver approved if you have a qualifying relative who would suffer extreme hardship from your denial of admission or deportation. Let’s take a closer look at who counts as a qualifying relative:
U.S. Citizen or LPR Spouse
If your spouse is a U.S. citizen or lawful permanent resident (green card holder), they can serve as your qualifying relative for a 212(h) waiver. You will need to provide evidence that they would suffer extreme hardship if you are not allowed to immigrate or remain in the U.S. with them.
U.S. Citizen or LPR Parent
Your U.S. citizen or LPR parent can also serve as a qualifying relative for a 212(h) waiver. This includes a biological or adoptive parent. You will need to show that your parent would experience extreme hardship such as emotional distress, loss of financial support, or having to relocate if you cannot join them in the U.S.
U.S. Citizen or LPR Son or Daughter Over 21
If you have a U.S. citizen or LPR son or daughter over the age of 21, they can serve as your qualifying relative for a 212(h) waiver. You cannot use a child under 21 as your qualifying relative. Your adult son or daughter will need to demonstrate that they would suffer extreme hardship without you present in the U.S.
Proving Extreme Hardship for 212(h) Waivers
In order to get a 212(h) waiver approved with a qualifying relative, you must prove that your spouse, parent, son or daughter would experience “extreme hardship” if you are not allowed to immigrate or remain in the U.S. Extreme hardship is determined on a case-by-case basis.
According to USCIS policy, some common examples of extreme hardship include:
- Inability of qualifying relative to provide care for children or other dependents
- Loss of access to needed medical treatment or medication
- Inability to provide financial support or loss of household income
- Harm to a business owned by the qualifying relative
- Qualifying relative has major family ties to the U.S. that would be severed
- Trauma from family separation, especially for young children
To prove extreme hardship, you should submit evidence such as:
- Affidavits from qualifying relatives explaining the hardship they would face
- Medical records and statements from doctors regarding health conditions
- Evidence of financial dependence or impact on household income
- Records showing business ownership or employment in the U.S.
Without evidence, it can be very difficult for USCIS to assess and confirm claims of extreme hardship. Providing solid documentation is key.
Other Relatives Not Eligible for 212(h)
Unfortunately, not all relatives count as qualifying relatives for purposes of a 212(h) waiver. The following relatives cannot help you get a 212(h) waiver:
- Siblings
- Grandparents
- Aunts/uncles
- Cousins
- In-laws
- Boyfriend/girlfriend
- Children under 21
While these relatives’ hardship is considered in other waiver applications like the I-601A provisional unlawful presence waiver, they do not count as qualifying relatives for 212(h) waivers specifically. Only spouses, parents, and adult sons/daughters can fill this role.
Seeking Legal Help for 212(h) Waivers
Trying to get a 212(h) waiver approved on your own can be extremely difficult, especially when it comes to proving extreme hardship. An experienced immigration attorney can help maximize your chances of success by:
- Identifying eligible qualifying relatives
- Collecting evidence of extreme hardship
- Preparing detailed affidavits and supporting documents
- Crafting persuasive legal arguments regarding rehabilitation (if applicable)
- Compiling and submitting your waiver application
- Communicating with USCIS on your behalf
While a 212(h) waiver does not guarantee approval, your odds improve significantly with competent legal representation guiding you through the process.
Some top resources for finding 212(h) waiver lawyers include:
Be sure to clearly explain your situation so attorneys can properly evaluate if you may qualify for a 212(h) waiver and how best to approach your case.
With an experienced lawyer on your side and eligible qualifying relatives to demonstrate extreme hardship, you stand the best possible chance of getting your 212(h) waiver approved.