WHEN A PAST RECORD STANDS IN THE WAY
Criminal Inadmissibility Waiver Lawyers
A mistake in your past does not have to be the end of your future here.
For many immigrants, an old arrest or conviction becomes a wall between them and a green card, a return to the United States, or naturalization. In some situations, that wall has a door: a waiver. As criminal inadmissibility waiver lawyers, we handle 212(h) waivers, I-601 and I-601A provisional waivers, and the extreme-hardship arguments they require, drawing on a criminal-defense background that this kind of case genuinely calls for. We serve clients from our Boynton Beach, Lake Worth, and Atlanta offices, in English, Spanish, Portuguese, and French.
OVERVIEW
How a criminal record affects immigration.
U.S. immigration law can treat a criminal record as a ground of "inadmissibility": a legal reason a person may be denied a green card, a visa, or admission to the country. Certain offenses, such as crimes involving moral turpitude, controlled-substance offenses, and some others, can trigger inadmissibility even when the criminal case itself was resolved long ago. It catches people by surprise: a plea taken years earlier, on the advice of a lawyer who was not thinking about immigration, can resurface at the worst possible moment.
The good news is that inadmissibility is not always the final word. For many grounds, the law provides a waiver: a formal request asking the government to forgive the ground and let the case go forward. A waiver does not erase your record, but it can remove the record's power to block your immigration goal. Understanding which ground applies to you, and which waiver fits, is the first and most important step, and it is one you should not take alone.
THE WAIVERS
Different walls, different doors.
"Waiver" is not one thing. It is a family of tools, each aimed at a different problem. The right one depends on the ground of inadmissibility, where you are in the process, and your family situation.
212(h): criminal inadmissibility
Named for its section of the immigration law, the 212(h) waiver can forgive certain criminal grounds of inadmissibility, often for applicants with qualifying U.S. citizen or permanent-resident family members. It is a central tool when a conviction stands between someone and a green card.
I-601: waiver of inadmissibility
The form used to request a waiver for several grounds of inadmissibility, including certain criminal and other grounds. It is frequently the vehicle that carries a 212(h) or a hardship-based waiver request to the government.
I-601A: provisional unlawful-presence waiver
A provisional waiver of the unlawful-presence bar, decided before the applicant leaves the country for consular processing, so families are not separated for long stretches waiting on an answer. Note: I-601A addresses unlawful presence specifically, and criminal grounds may still require a separate waiver.
Choosing among these, and combining them correctly when more than one ground is in play, is the heart of waiver strategy. It is easy to file the wrong one, and costly to find out later.
THE HARDSHIP TEST
Many waivers rise or fall on extreme hardship.
Several of these waivers require showing "extreme hardship," usually not to the applicant, but to a qualifying U.S. citizen or lawful permanent resident family member, such as a spouse or parent. The idea is that denying the waiver would cause that relative hardship beyond the ordinary difficulty any family faces when a loved one cannot immigrate.
Extreme hardship is a demanding and evidence-heavy standard. It looks at the whole picture: medical conditions, financial realities, family ties, country conditions, and the human cost of separation or relocation. It is proven with documentation, expert input, and a carefully built narrative, not with a form alone. This is where experienced counsel earns its value most clearly: a well-argued hardship case can succeed where a thin one fails, on the very same underlying facts.
WHERE A WAIVER FITS
Clearing the path toward status and citizenship.
Who qualifies
Eligibility for a waiver depends on the specific ground of inadmissibility, the details of the offense, how long ago it happened, and whether you have qualifying relatives. Not every ground can be waived, and not every applicant qualifies. But many people who assume they have no options actually do. The only way to know is a careful review of your criminal and immigration history together, which is exactly what we do.
Green card and naturalization
Waivers rarely stand alone. A criminal ground can block an adjustment of status, a consular green card, or a naturalization application, and the waiver is the piece that lets the larger case proceed. We look at the whole path (the waiver, the green card behind it, and the citizenship that may come later) so that clearing today's obstacle does not create a new one down the road. Criminal history can also affect good moral character for naturalization, which is why getting this right early matters.
Explore green card pathsWHY DELGADO PURDY LAW
Where criminal defense and immigration meet.
Jacqueline Delgado
Criminal-inadmissibility cases sit precisely at the crossroads of two legal worlds, and they demand an attorney fluent in both. Our founding partner, Jacqueline Delgado, brings a criminal-defense background (including public-defender experience) and lectures on exactly this intersection of immigration and criminal law. That perspective matters when a case depends on how an old plea is characterized, whether a conviction fits a waivable ground, and how to build an extreme-hardship record that holds up. You will always work with senior counsel, and if your matter is also in immigration court, this firm handles that side too.
Read Jacqueline's full bio →COMMON QUESTIONS
Questions about criminal waivers.
It is a formal request asking the U.S. government to forgive a criminal ground that would otherwise block your immigration case, such as a green card, a visa, or admission to the country. A waiver does not erase your record, but it can remove the record's power to stop your case from moving forward.
A 212(h) waiver, named for its section of the immigration law, can forgive certain criminal grounds of inadmissibility, often for people with qualifying U.S. citizen or permanent-resident family members. It is one of the main tools when a conviction stands between someone and a green card. Whether it fits your case depends on the specific offense and your family situation.
I-601 is the form used to request a waiver for several grounds of inadmissibility, including certain criminal grounds. I-601A is a provisional waiver focused on unlawful presence, decided before you leave the country for consular processing so your family is not separated for a long time. Criminal grounds may still need a separate waiver even if you use I-601A.
Several waivers require showing that denying them would cause "extreme hardship" to a qualifying U.S. citizen or permanent-resident relative: hardship beyond the ordinary difficulty of family separation. It is proven with medical, financial, family, and country-conditions evidence and a carefully built narrative. A strong hardship case can succeed where a weak one fails on identical facts.
No. Some grounds of inadmissibility can be waived and some cannot, and eligibility depends on the offense, how long ago it happened, and your circumstances. But many people assume they are barred when a waiver is actually available. The only way to know is a careful review of your criminal and immigration history together.
No. A waiver is an immigration remedy, not a criminal one. It does not expunge or seal your record. It asks immigration authorities to forgive the ground so your immigration case can proceed. Cleaning up the underlying criminal record, where possible, is a separate process that can sometimes help, which we can discuss.
Criminal history can affect the "good moral character" that naturalization requires, and in some cases it can even put a green card holder at risk in removal proceedings. That is why we look at the whole path (waiver, green card, and citizenship) before filing anything, so today's fix does not create tomorrow's problem.
Unfortunately, yes. An old plea can trigger inadmissibility even when the criminal case is long closed, and many people are caught off guard by it. The upside is that a past plea is exactly the kind of issue a waiver, or a careful re-examination of the conviction, may be able to address. Bring the records and let us look.
It depends on the grounds involved, the waivers required, and the complexity of the hardship showing. We give you a real number after reviewing your full history, and the consultation fee is credited to your case if you retain us. You will know the exact figure before you decide anything.
THERE MAY BE A WAY THROUGH
Let's see whether a waiver can clear your path.
Schedule a consultation with us. We will review your criminal and immigration history together, tell you honestly whether a waiver is available, and map the full path, with the real timeline and cost before you commit to anything.