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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5232
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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FOR (NEW QUESTION), I am wondering what is the worst that

Customer Question

FOR JENNIFER MARIE (NEW QUESTION)
Hi Jennifer, I am wondering what is the worst that could happen to me if something goes seriously wrong on my way back.
I am wondering, since It's been more than 15 years, and I am fully rehabilitated under INA §212(h)(1).Also my research indicates that under §212(h)(1)(B) , the fact that my wife had a brain surgery recently and that I am the sole provider for our family (two 16 years old twins), I may demonstrate extreme hardship for a waiver. Do you think I am thinking along the right lines with these waiver laws. I am not a lawyer, but am researching things so I can educate myself and assess my risk of travel.In addition, my conviction was in 1991 for a 4th degree offense that may not qualify as an aggravated assault (or sexual abuse of a minor) per Stubbs vs Attorney General.
Am I generally thinking along the correct lines here? I know there are no guarantees but it should be unlikely that they will find me inadmiissible or deportable. If they do, I do have a good defense, I am thinking. I am trying to get your advise and opinion.
Thanks! Sam
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 11 months ago.

These are things that would come into play only if you were placed into immigration court proceedings upon your entry back to the US. In that case, yes you would have a good case for a 212(h) defense based on being inadmissible.

Good luck to you and I hope this answer has helped you!

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