Immigration Waiver: Smuggling, Criminal Activity, Fraud

An Immigration Waiver might help you receive a United States immigration benefit if you are not allowed to enter the U.S. (known as inadmissibility) for breaking the law. Your eligibility for an inadmissibility waiver depends on what you did, why you need a waiver, your family ties, and why you want a U.S. immigration benefit. legal U.S. residence or entrance. 

If you are inadmissible for smuggling a noncitizen into the country, misrepresenting, or committing a crime, the following information may help you. 


Smuggling someone into the U.S. is against the law and makes you inadmissible. If you took this decision for humanitarian reasons, to protect your family’s unity, or because of the public’s best interest, you may be eligible for a waiver under Section 212(d)(11). The smuggled person must be your spouse, father, son, or daughter. This waiver is applicable for Green Card holders, too. This application may only waive the act of smuggling someone into the U.S., not other charges, such as a lack of moral character. 


I-212(h) waivers are available for the following violations:  

  1. Crimes involving moral turpitude. 
  2. Being sentenced to 5 years of jail time or more.
  3. Prostitution.
  4. A single offense of 30g or less of marijuana, among other grounds.  

However, to qualify for this waiver you must be the spouse, father, son, or daughter of a U.S. Citizen or a Green Card holder and show that your relative(s) would suffer “extreme hardship” without you. 


A 212(i) waiver is necessary if you tried to get or were able to get any immigration benefit with false information, through fraud or willful misrepresentation of a significant fact. You may be able to get a waiver for this offense, but only if you are the spouse, son, or daughter of a U.S. Citizen or Green Card holder and can show that your removal from the U.S. would cause your relative(s) “extreme hardship.” 

An Immigration Waiver can help you keep the life you have in the United States and protect your American Dream. It is a process best completed with an Immigration Attorney so book an appointment online with an immigration attorney to let you know if you qualify for a waiver, and to help you get it. Call us at (469) 708-5800, the J. Molina Law Firm will help you!