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Green Card for Man with Aggravated Battery Conviction

212(h) Waiver for Client in Miami with Aggravated Battery Conviction


Felony Conviction Threatened to Result in Deportation

A young man from a Caribbean country got caught up in a barroom brawl, and as a result of the melee he was charged with aggravated battery. The charge resulted from an allegation that he had hit someone over the head with a bottle. He was subsequently convicted. The crime would have disqualified him from a green card unless immigration granted him a section 212(h) waiver.


A Well-Presented Section 212(h) Waiver at the Miami District Office

Attorney Cohen represented him in an application for residency with the USCIS in Miami, requesting that the crime be waived (forgiven for immigration purposes). Client was taking care of his 2 ailing parents, both of whom suffered from chronic medical conditions. Attorney Cohen obtained evidence from experts in support of the case, including detailed letters from the parents’ physicians, and psychological reports on them as well. The documentation demonstrated that the parents were physically and emotionally very dependent on having their son living with them and caring for them. The reports also discussed the negative impact that deportation of the son would have on the parents’ well-being. Attorney Cohen provided evidence of client’s rehabilitation, as well as a detailed brief on the factual and legal issues.

OUTCOME: client was issued a green card, and not deported from the United States .