212-300-5196

Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

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.

Spodek
Law in the Media

View All

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(i) Immigration Waiver

How To Qualify for a 212(i) Immigration Waiver

A 212(i) waiver allows certain immigrants who have committed fraud or misrepresentation to still qualify for a green card or other immigration benefit. This waiver forgives the fraud or misrepresentation if it is proven that refusing the immigrant’s admission to the U.S. would result in extreme hardship to their U.S. citizen or lawful permanent resident spouse, parent, son, or daughter.

Who Qualifies for a 212(i) Waiver

To qualify for a 212(i) waiver, the immigrant must:

  • Have a spouse, parent, son or daughter who is a U.S. citizen or lawful permanent resident
  • Be able to prove that refusing their admission to the U.S. would result in extreme hardship to that qualifying relative
  • Have committed only a single offense of fraud or misrepresentation to obtain an immigration benefit

The fraud or misrepresentation must have been made to a U.S. government official who had the authority to grant immigration benefits, such as a consular officer, USCIS officer, or immigration judge. Common examples include[1]:

  • Lying on a visa application
  • Using fake documents to try to enter the U.S.
  • Marrying solely to obtain immigration status

Proving Extreme Hardship

To qualify for this waiver, the immigrant must prove that their qualifying relative would suffer extreme hardship if the immigrant is refused admission. Extreme hardship is determined case-by-case, but USCIS provides guidance on factors that may contribute to extreme hardship[2].

These factors can include[3]:

  • Health problems that require the immigrant’s presence in the U.S.
  • Financial hardship due to loss of household income or medical expenses
  • Harm to the qualifying relative’s education, career, or business interests
  • Psychological harm due to family separation

Documentary evidence like medical records, financial statements, and affidavits from employers or mental health professionals can help prove these hardships.

Filing the 212(i) Waiver

The 212(i) waiver is filed on Form I-601, Application for Waiver of Grounds of Inadmissibility. This form is filed with:

  • The USCIS service center, if applying for adjustment of status in the U.S. [4]
  • The National Visa Center (NVC), if applying for an immigrant visa at the U.S. consulate[5]

The waiver application must include[6]:

  • Form I-601 filing fee
  • A signed statement explaining the fraud or misrepresentation
  • Proof of the qualifying relationship (birth/marriage certificates, etc.)
  • Evidence to demonstrate extreme hardship if waiver is denied

Since USCIS and consular officers have broad discretion in granting 212(i) waivers, it is strongly recommended to consult with an experienced immigration attorney when applying[7]. The attorney can help compile a persuasive waiver application that convinces the officer to approve the waiver despite the fraud.

After Approval

If the 212(i) waiver is approved, the next steps depend on the applicant’s situation:

  • Adjustment applicants can then complete the green card application process.
  • Immigrant visa applicants can then attend their consular interview and receive their visa.

However, even after waiver approval, there is no guarantee the green card or visa will be granted. The applicant must still meet all other eligibility criteria.

It is also important to note that unlike some waivers, a 212(i) waiver can only be used once in an applicant’s lifetime. If an immigrant later commits fraud again, they cannot obtain another 212(i) waiver[8].

Conclusion

While overcoming fraud or misrepresentation is difficult, the 212(i) waiver provides immigrants a second chance if their denial would harm their close relatives. With strong documentary evidence of qualifying relationships and extreme hardships, as well as legal guidance, immigrants have an opportunity to still fulfill their dreams of living in the United States.

Resources

Free Consultation

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

White Glove Service

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.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196

get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005

212-300-5196

get directions

QUEENS

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196

get directions

BROOKLYN

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196

get directions
Call Now!