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INA 212(h) Waiver -- No AF Bar for Refugees


Normally an Aggravated Felony will disqualify someone from eligibility for an INA 212(h) waiver.

AF is NOT a bar to INA 212(h) for a Refugee Who Adjusted to an LPR.  See Matter of N-V-G-, 28 I&N Dec. 380 (BIA 2021).


Eligibility

You Can Apply for a § 212(h) waiver of inadmissibility if ….

A. You are applying to become a lawful permanent resident (LPR) under certain categories (e.g., family visa, VAWA self-petitioner, employment), or you are already an LPR.

B. Your crime is described in inadmissibility grounds at INA § 212(a)(2) based on:

• One or more crimes involving moral turpitude (CIMTs),
• Engaging in prostitution,
• Two or more convictions with a total sentence imposed of five or more years, and/or
• A single incident involving possession of 30 grams or less of marijuana or a few related marijuana offenses1--but no other drug offense.

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