Getting invited to return after you have misbehaved during a previous visit.
It is without a doubt more difficult to receive legal status through a family member if you have a criminal record but it is not impossible. If your crime was not for drugs more than simple possession of pot, was not a crime of violence and not an aggravated felony, you
There are a number of types of waivers. In this article we will discuss the 212(h) Waiver for an immediate relative who has been convicted of a crime(s). The 212(h) waiver is the most common waiver filed and is difficult to get. Look at it from the Government's point of view; "Why should we let you come back into the U.S. when there are many people waiting in line who have not committed a crime and who will respect our laws." You are going to need to convince the government that you deserve of a second chance.
The 212(h) Waiver
The 212(h) waiver allows you to achieve legal status in the United States through a family member even though you have a criminal conviction(s). You may get a 212(h) Waiver for the following crimes:
o Crimes of "moral turpitude" except murder or torture;
o Multiple criminal convictions;
o Prostitution or Solicitation;
o A single offense of simple possession of marijuana (less than 30 grams). No other drug crimes can be waived;
o Shoplifting (unless it amounts to an aggravated felony;
o Some crimes involving fraud; and
o Diplomats who claimed "immunity" to keep from being prosecuted.
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