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212(h) Waiver for Client with Shoplifting Arrests

Attorney Cohen represented a woman in an adjustment of status application (“green card application”) in Broward County, Florida . She was convicted of several shoplifting offenses, making her inadmissible as an alien convicted of a crime involving moral turpitude. The residency application would have been denied, unless a waiver application was granted. USCIS granted the Section 212(h) waiver, based on evidence that her U.S. Citizen daughter would suffer extreme hardship if either separated from her mother, or if they both had to relocate outside of the United States . Attorney Cohen presented detailed affidavits and other evidence documenting the exceptionally close relationship of mother and daughter, along with evidence that the daughter was living with her mother, having fled an abusive relationship. Key evidence was a thorough psychological report of the daughter, documenting her emotional fragility and predicting based on the psychological evaluation, the very likely prospect of extreme psychological hardship to the daughter should her mother be forced to leave the United States . Evidence of the applicant’s remorse and rehabilitation was also submitted. Attorney Cohen highlighted the issues and argued in support of the waiver in a legal brief. Result: 212(h) WAIVER GRANTED and RESIDENCY APPLICATION APPROVED by the USCIS Oakland Park Field Office.