Immigration Attorney
Immigration Lawyer Immigration Attorney Profile Legendary Stories Criminal Defense
click here to be intstantly connected to an Immigration Attorney click here to send us an email click here to read our blog
Provisional Stateside Waiver
Detained & Criminal Immigration
Defense From Deportation
Family Based Immigration
Marriage to a U.S. Citizen and Removal of Conditions
Non Immigrant Visas
Humanitairian & Special Immigration Programs
Employment Based Immigration
Maintaining Your Residency
Important Links You Need to Know
Resources: Immigration Consequences of Criminal Convictions
Who We Are
Criminal Law
Find Us
Find Us
View our Offices

Immigration High Court further limits Cancellation of Removal eligibility

The Board of Immigration Appeals (BIA) further limited a non-citizen's ability to apply for Cancellaition of Removal issuing a decision disallowing a 212(h) waiver to be used to overcome certain criminal grounds.

Cancellation of Removal for non-greencard holders is available to stop the removal (deportation) of an immigrant who can prove s/he has been in the United Sates for 10 years, establish good moral character, and demonstrate that close family members would suffer exceptional or extremely unusual hardship if the immigrant were to be deported.

In Matter of Busatamante, 25 I&N Dec. 564 (BIA 2011), the immigrant has been convicted of possession of 20 grams of Marijuana. A 212(h) waiver exists to forgive an immigrant who possessed less than 30 grams. Bustamante applied for a 212(h) waiver to apply for forgiveness for the 20g and then demonstrate how badly his family would suffer if her were to be deported.

Unforutnately, the Immigration high court did not agree and closed the door for many immigrants to use the 212(h):

Ricky Malik, Esq.


No Comments Posted
8620 Centerville Road, Manassas, VA 20110 7505 New Hampshire Ave. Suite 318 Takoma Park, MD 20912 Join us on Facebook Follow us on Twitter Watch Us On YouTube View Our LinkIn Profile Click here to subscribe to our Rss Feed

The information on this Virginia Lawyer / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. The Law Offices of Ricky Malik, P.C. represents clients in all 50 states of the United States and the World over, including Manassas, VA, Prince William County, Arlington, Fairfax, Centreville, Alexandria, Falls Church, Roslyn, Washington, DC, Loudon County, Lorton, Woodbridge, Virginia, Takoma Park, MD, Langley Park, Bethesda, Rockville, Hyattsville, Montgomery County, Prince George's County, Columbia, and Baltimore, Maryland.