Sixth Circuit Rejects BIA's Interpretation of INA 212(h)
Friday, September 26, 2014 at 1:51PM
Sarah E. Murphy, Esq. in Aggravated Felony, B1/B2 Visa, Extreme Hardship, I-601 Waivers, Removal Proceedings

The U.S. Court of Appeals for the Sixth Circuit issued a precedent decision that will allow a greater number of lawful permanent residents (LPRs) to avoid deportation if they can demonstrate to an immigration judge that their removal will result in extreme hardship to close family members in the United States.

With this decision, the Sixth Circuit joins the Third, Fourth, Fifth, Seventh, Ninth and Eleventh Circuits in holding that the bar to a waiver under § 212(h) of the Immigration and Nationality Act (INA) applies only to those persons with an aggravated felony conviction who became LPRs at the time that they lawfully entered the United States. The Court found that Congress specifically intended to preserve the waiver for those who adjusted to LPR status following their entry into the U.S. For many LPRs facing removal, the § 212(h) waiver is the only means to avoid separation from U.S. family members.  The waiver under INA § 212(h) is applied for on Form I-601

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