Lee & Garasia, LLC
Se Habla Espanol
Tel: 732-516-1717
Toll Free: 888-404-5876
Experience, Accessibility, and Excellence
for Over 20 Years
“When it comes to immigration, I go to Paris and Angie–and trust me, I know a lot of lawyers all over the world.”–Renzo Gracie, Brazilian Jiujitsu and MMA Legend 
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“Lee and Garasia are excellent lawyers, punctual and professional. They are dedicated to going above and beyond the usual level of service to meet your client’s needs. Their staff is very knowledgeable, friendly and polite. I would highly… recommend this firm to anyone.”
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“I would definitely recommend Mr.Lee and Garasia as an immigration attorney because they did a great job with my case i.e. of Adjustment of Status (i-485). Mr. Lee helped us in each and every detailed information and prepared to the best of it. It was all well done and would like to appreciate.”
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“I would like to thank my lawyer Mr Lee & Garasia and the staff for all immense help and patience throughout this entire process, I really appreciate your constant attention to my case, as well to my questions and my concerns. You’ve really made this process much more comprehensive to me, which I greatly appreciate.”
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“Mr. Lee and Ms. Garasia did a great job with my renewal of my permanent residence application. They help prepare the paperwork with such a great attention to details and accuracy. I will recommend the law firm every time.”
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“Mr. Lee did a great job with the renewal of my permanent residence application. My case was very time sensitive and they worked really fast on my case with great detail and accuracy. I will recommend the law firm every time.”
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“I would recommend Attorney Paris Lee for anybody who needs immigration consultation. Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. Bottom line, preparation for the results and NO BS!”
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“Stalin – Lee did a wonderful job, Got my wife her visa in one year. He is extremely helpful and knowledgeable. I would highly recommend him for all your immigration needs.”
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“Hello. I appoint him as my immigration lawyer and that way he solved my cases was truly amazing. He was so honest and knowledgeable for his work. He solved my all family immigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia.”
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“Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution. A big thanks :)”
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How To Qualify For A Criminal Waiver Under The Immigration Law

Under the Immigration and Nationality Act (“INA”), convictions of certain crimes can render a non-US Citizen deportable and/or inadmissible. For more information on what types of crimes can jeopardize a person’s immigration status, please refer to our site’s deportation section. Fortunately, the law does provide for discretionary waivers that allow the government, under certain circumstances, to waive some of these offenses. The waiver for criminal offenses is found under Section 212(h) under the INA. It authorizes the Attorney General to waive the conviction of crimes involving moral turpitude; multiple criminal convictions; prostitution and commercial vice; certain aliens who have asserted immunity from prosecution; and one conviction of possession of marijuana 30 grams or less.

General Rules for the 212(h) Waiver

There are three separate categories of applicants who are potentially eligible for the waiver.

  • 15 Years or More: A waiver may be granted to an applicant who can demonstrate that the crime occurred more than 15 years ago; the admission would not be contrary to the national welfare, safety, or security of the US; and the alien has been rehabilitated.
  • Extreme Hardship: the applicant must demonstrate that removal would result in extreme hardship to his US Citizen or Lawful Permanent Resident parent, spouse, son, or daughter.
  • The person is a Violence Against Woman Act (“VAWA”) self-petitioner

What Types of Factors Are Considered For Extreme Hardship?

Due to the discretionary nature of the waiver, there is not a fixed set of criteria that necessarily governs the adjudication of a 212h waiver. However, the case law has set out some factors that are normally considered. They include but are not limited to:

  • The qualifying relative’s family ties to the United States
  • The extent of the qualifying family member’s ties outside the United States
  • Conditions in the country of removal
  • Financial impact of departure from the United States
  • Significant health conditions

These are only some issues that are looked at. The USCIS Policy Manual has recently released further guidance on what types of issues officers should pay attention to. The benefit of retaining an experienced immigration lawyer is that he or she may help identify additional, unique circumstances that separate your case from the ordinary case and demonstrate how the effects of separation are far greater than what people typically experience from losing their loved ones.

Further Restrictions

Not all crimes qualify to be considered for the waiver. For example, conviction of murder or criminal acts involving torture are disqualifiers. Those who are convicted of crimes deemed violent or dangerous will generally also face substantial eligibility problems unless the applicant can demonstrate extraordinary circumstances or clearly show that the denial of the application will result in exceptional and extremely unusual hardship. Additionally, the law sets out further restrictions on lawful permanent residents applying for the waiver that do not necessarily apply to non-permanent residents, including a requisite period of continuous residence and a prohibition against conviction of an aggravated felony.

Waiver practice is extraordinarily complex. There are several layers and nuances that a trained legal professional can help you to spot and determine whether they hinder or enhance your particular case. While our firm handles a wide range of immigration matters, one of our core focuses is waiver practice, and we have the experience, expertise, and knowledge to help you achieve a favorable outcome.