Noncitizens who qualify to apply for Adjustment of Status but Are inadmissible on criminal based grounds can apply for Waiver of inadmissibility. Various criminal grounds for inadmissibility are, by their own terms, subject to exception. For example, the crime of moral turpitude category does not cover certain juvenile or minor offenses. Further, even if a crime is covered, most criminal grounds for inadmissibility may nevertheless be waived in a number of circumstances. Authority to waive certain criminal grounds of inadmissibility is contained in INA § 212(h). Criminal grounds for inadmissibility that may be waived are:

• crimes involving moral turpitude;
• a single offense of simple possession of 30 grams or less of marijuana;
• multiple convictions for which at least five year’s imprisonment was imposed;
• prostitution or other unlawful commercialized vices; and
• serious criminal activity for which the alien has asserted immunity.

In removal proceedings, the Immigration Judge has authority to grant A waiver under INA § 212(h)(1) upon exercise of discretion to waive a designation of inadmissibility on account of the foregoing conduct if four requirements are met. These requirements are that:

• The respondent is seeking admission as an LPR;
• The conduct making the respondent inadmissible either involved prostitution or another unlawful commercial vice or, in the case of other criminal conduct, occurred more than 15 years before the date of the alien’s application for a visa, entry or adjustment of status;
• The alien’s admission into the United States would not be contrary to the national welfare, safety, or security of the United States; and
• The alien has been rehabilitated.

An additional waiver is available for immediate family members under INA § 212(h)(1)(B) if:

• The alien is seeking admission as an LPR;
• the alien is the spouse, parent, son, or daughter of a U.S. citizen or LPR; and
• denial of admission would cause extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter.

A further circumstance where a waiver is available for inadmissible criminal conduct involves alien spouses or children of U.S. citizens or LPRs, when those aliens have been battered or subjected to extreme cruelty by the citizen or LPR. Certain aliens are barred from consideration for § 212(h) waivers. No waiver is permitted for aliens who have been convicted of murder or criminal acts involving torture, as well as attempts or conspiracies to commit murder or a criminal act involving torture. Further, a waiver under § 212(h) is not available in the case of an alien who has previously been admitted to the United States as an LPR if either
(1) since the date of such admission the alien has been convicted of an aggravated felony or (2) the alien has not lawfully resided continuously in the United States for at least seven years immediately preceding the date of initiation of proceedings to remove the alien from the United States.