The 212(h) waiver
INA 212(h) lets the government forgive certain criminal grounds of inadmissibility, most often a crime involving moral turpitude, so that a person can be admitted or get a green card anyway. There are three ways in, a short list of crimes it never reaches, and a bar for some permanent residents that turns on how they got their green card.
Current as of September 2026. We re-check this page every quarter and after any rule change.
The waiver is discretionary. Meeting the requirements gets you to the point where the judge weighs the equities. In practice the equities are where the case is won or lost, and they have to be documented as carefully as the eligibility.
What it waives, and what it does not
INA 212(h) reaches five grounds of inadmissibility, and only those five:
- Crimes involving moral turpitude under 212(a)(2)(A)(i)(I).
- A single offense of simple possession of 30 grams or less of marijuana under 212(a)(2)(A)(i)(II). This is the only controlled-substance ground it reaches. Any other drug offense is outside the waiver.
- Multiple criminal convictions with an aggregate sentence of five years or more, under 212(a)(2)(B).
- Prostitution and commercialized vice under 212(a)(2)(D).
- Serious criminal activity where immunity was asserted under 212(a)(2)(E).
It never waives murder or criminal acts involving torture, or an attempt or conspiracy to commit either.
The three routes
| Route | What you show | Authority |
|---|---|---|
| Passage of time | The activities happened more than 15 years before the application; your admission would not be contrary to the national welfare, safety or security; and you are rehabilitated | INA 212(h)(1)(A) |
| Extreme hardship | Denial would result in extreme hardship to your U.S.-citizen or LPR spouse, parent, son or daughter | INA 212(h)(1)(B) |
| VAWA | You are a VAWA self-petitioner | INA 212(h)(1)(C) |
Under every route the Attorney General must also consent to your admission or adjustment, under 212(h)(2). That is the discretionary step.
Hardship is to the relative, and it has to be extreme
The hardship route asks what happens to your spouse, parent, son or daughter if you are denied, not what happens to you. Separation and financial loss are the ordinary consequences of removal and by themselves do not usually reach "extreme." Medical conditions, the relative's own immigration and family ties, conditions in the country of return, and the cumulative effect of all of it are what the judge looks at, and each one has to be shown with evidence, not asserted.
The bar for some permanent residents
The statute denies the waiver to a person "previously admitted to the United States as an alien lawfully admitted for permanent residence" who has since been convicted of an aggravated felony, or who has not lawfully resided continuously in the United States for at least seven years before removal proceedings began.
The phrase "admitted to the United States as" a permanent resident has been read narrowly. In Matter of J-H-J-, 26 I&N Dec. 563 (BIA 2015), the Board followed the majority of the courts of appeals and held that the bar applies only to a person who physically entered the country as a permanent resident at a port of entry. A person who got the green card by adjusting status inside the United States is not "admitted as" a permanent resident and is not subject to the bar, even with an aggravated felony conviction, provided the underlying ground of inadmissibility is one 212(h) can reach.
The distinction turns entirely on the paperwork from years ago. Before anyone concludes that a green card holder with a serious conviction has no waiver, the way the green card was obtained has to be checked.
Violent or dangerous crimes
Under 8 C.F.R. 1212.7(d) and Matter of Jean, 23 I&N Dec. 373 (A.G. 2002), where the crime is violent or dangerous the waiver will not be granted as a matter of discretion except in extraordinary circumstances, such as national security or foreign policy considerations, or where denial would result in exceptional and extremely unusual hardship. That is the cancellation standard, and it is much higher than "extreme." Whether an offense is "violent or dangerous" is decided on the facts of the offense, and it is contested.
How it is used in removal proceedings
212(h) is a waiver of inadmissibility. In proceedings it is almost always filed together with an application for adjustment of status: the person applies for a green card in front of the judge, the conviction makes them inadmissible, and the waiver cures the inadmissibility so the adjustment can be granted. A green card holder charged with deportability can use the same route by re-adjusting through a qualifying relative, with the waiver attached.
Under Matter of Rivas, 26 I&N Dec. 130 (BIA 2013), a permanent resident who has not left the United States cannot apply for a stand-alone 212(h) waiver in proceedings. It must accompany an adjustment application. The exception is a returning permanent resident who is treated as seeking admission after a trip abroad; under Matter of Abosi, 24 I&N Dec. 204 (BIA 2007), that person may apply for the waiver on its own.
What the application looks like
- Form I-601, filed with the immigration court alongside the adjustment application. USCIS charges a government filing fee for it, which is not our legal fee; the current figure is on Form G-1055.
- The criminal record, complete. Certified dispositions for every arrest, not only the convictions. The judge will see the record; the question is whether you have explained it.
- Evidence of rehabilitation: completion of sentence and supervision, treatment, employment, community involvement, and the passage of time.
- Hardship evidence for the qualifying relative: medical records, financial records, the relative's own declaration, country-conditions evidence for the place you would be sent, and evidence of what the relative would face there or here without you.
- Your own declaration. The judge is deciding discretion. A declaration that takes responsibility and explains, without excusing, is the center of the case.
The categorical approach comes first
Before applying for a waiver, ask whether the conviction is actually a crime involving moral turpitude, or actually a controlled-substance offense, under the categorical approach. If the statute of conviction reaches conduct that is not turpitudinous, or a substance not on the federal schedules, there may be nothing to waive. See criminal convictions and removal. A waiver concedes the ground; it should not be filed before that question is answered.
Read next: all the waivers, adjustment in court, former 212(c) relief, or cancellation for permanent residents.
Common questions
What crimes does a 212(h) waiver cover?
It waives inadmissibility under INA 212(a)(2)(A)(i)(I) for crimes involving moral turpitude, under 212(a)(2)(A)(i)(II) only for a single offense of simple possession of 30 grams or less of marijuana, under 212(a)(2)(B) for multiple convictions with an aggregate sentence of five years or more, under 212(a)(2)(D) for prostitution, and under 212(a)(2)(E) for certain serious crimes where immunity was asserted. It does not reach any other drug offense, and it never reaches murder or criminal acts involving torture.
Who counts as a qualifying relative for the hardship route?
A United States citizen or lawful permanent resident spouse, parent, son or daughter. A son or daughter of any age counts, unlike some other waivers. The hardship has to be to the relative, not to you, and it has to be extreme.
Can a green card holder in removal proceedings apply for 212(h) by itself?
Generally not. Under Matter of Rivas, 26 I&N Dec. 130 (BIA 2013), a permanent resident who has not left the United States cannot apply for a stand-alone 212(h) waiver in proceedings; it has to be filed together with an application for adjustment of status. A permanent resident who is returning from a trip abroad and is treated as seeking admission can apply without adjustment, under Matter of Abosi, 24 I&N Dec. 204 (BIA 2007).
Does the aggravated felony bar apply to every green card holder?
No. The bar in 212(h) applies to a person previously admitted to the United States as a lawful permanent resident, and the Board held in Matter of J-H-J-, 26 I&N Dec. 563 (BIA 2015), following most of the circuits, that this means someone who entered at a port of entry as a permanent resident. A person who adjusted status inside the United States is not subject to the bar and may apply for the waiver even after an aggravated felony conviction, if the underlying ground is one 212(h) can reach.
Tell us where your case is. We will tell you what is still possible.
You get a free case review with an attorney, in your language. We speak English, Russian, Spanish and Uzbek in-house, and we bring in a live interpreter for anything else. We will tell you what stage you are at, which forms of relief are open to you, what your deadlines are, and whether we can help. If we cannot, we will say so.