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Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

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Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

How To Qualify for a 212(h) Immigration Waiver

How To Qualify for a 212(h) Immigration Waiver

A 212(h) waiver allows a non-citizen to still obtain legal status in the U.S. despite having committed certain crimes or being found inadmissible. This waiver forgives prior bad acts if denying entry would cause extreme hardship to family members who are U.S. citizens or permanent residents.

To qualify for a 212(h) waiver, you must meet several requirements:

  • Have a qualifying U.S. citizen or permanent resident relative – You need a spouse, parent, son or daughter who is a U.S. citizen or green card holder who would suffer extreme hardship if you are not allowed to immigrate. Examples of extreme hardship.
  • Only certain grounds of inadmissibility apply – 212(h) waivers can only forgive certain crimes and conduct like prostitution, simple possession of 30 grams or less of marijuana, multiple criminal convictions with aggregate sentence under 5 years imprisonment. See the full list here.
  • Must have lived continuously in the U.S. – If applying from within the U.S., you must have resided continuously for at least 7 years. If applying from outside, you may still qualify if the offense warranting removal occurred more than 15 years prior.

When Is a 212(h) Waiver Available?

There are two situations where a 212(h) waiver can help:

  1. Overcoming inadmissibility to obtain a green card – If your criminal record or conduct makes you ineligible (inadmissible), a 212(h) waiver can eliminate that ground so you can still get a green card through a qualifying relative.
  2. Avoid being removed from the U.S. – If you are already in removal proceedings due to criminal issues or other inadmissible acts, a 212(h) waiver may stop your deportation if you have a qualifying U.S. citizen or permanent resident relative.

When Is a 212(h) Waiver Not Available?

Unfortunately 212(h) waivers are not possible in some situations, like:

  • You don’t have a qualifying U.S. citizen or permanent resident relative who would suffer extreme hardship without you.
  • You are inadmissible due to national security risks.
  • You have convictions for violent or dangerous crimes.
  • You already obtained a green card through a 212(h) waiver for a previous offense.

See a full list in this Avvo article.

How Do I Apply for a 212(h) Waiver?

If you determine you may qualify for a 212(h) waiver, follow these steps:

  1. Consult an immigration attorney – Only an experienced immigration lawyer can properly assess if you qualify and prepare a strong application. LawInfo has a directory to find attorneys in your state.
  2. File the necessary forms – Your lawyer will prepare Form I-601 for the 212(h) waiver plus supporting documents like letters detailing the extreme hardship your relatives would face.
  3. Attend your immigration interview – You’ll be called for an interview where you must prove you qualify for the waiver and that refusing it would cause extreme hardship.
  4. Get decision from USCIS – If approved, you can proceed with getting a green card. If denied, you may appeal within 30 days.

The process can take 6+ months. Approval is not guaranteed so work closely with your attorney.

What Does “Extreme Hardship” Mean?

A key part of qualifying for a 212(h) waiver is proving your deportation would cause “extreme hardship” to your qualifying relative. USCIS considers factors like:

  • Ongoing medical issues that depend on support from the applicant
  • Financial dependence on lost income if applicant is deported
  • Emotional trauma from separation of family unit
  • Lack of caregiver alternatives for children or elderly relatives
  • Inability for relative to access healthcare or support services in applicant’s home country

Your attorney will gather evidence like medical records, financial statements, and letters from counselors or therapists to prove extreme hardship. See examples.

What Are My Chances of Approval?

Approval rates for 212(h) waivers vary greatly depending on individual circumstances. Recent data shows:

  • 212(h) waiver approval rate is about 53% for all nationalities
  • Approval rates are higher for applicants from Mexico, El Salvador, Guatemala and Honduras
  • Having an attorney substantially increases your chances

Given the complexity, working with a skilled immigration lawyer is highly recommended to strengthen your case and walk through the process.

We hope this gives you a helpful starting point for learning about 212(h) waivers. Let us know if you have any other questions!

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Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

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We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
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