The Board of Immigration Appeals (BIA) further limited a non-citizen’s ability to apply for Cancellation 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 States 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.
Unfortunately, the Immigration high court did not agree and closed the door for many immigrants to use the 212(h):
Ricky Malik, Esq.
www.rmlegal.com
