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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.

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.

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.

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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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