Immigration Council Urges Broad Interpretation of § 212(h) Hardship Waiver

On May 19, 2014, the American Immigration Council and the American Immigration Lawyers Association (AILA) filed an amicus curiae brief urging the Court of Appeals for the Eighth Circuit to rehear Roberts v. Holder, 745 F.3d 928 (8th Cir. 2014). In that case, the court narrowly interpreted the hardship waiver found in INA § 212(h), thus depriving many lawful permanent residents (LPR) of the opportunity to apply for this waiver. The Immigration Council and AILA urge the court to withdraw this decision and instead, to join the six other courts of appeals which have interpreted the waiver more broadly. In doing so, the court would ensure that the class of deserving LPRs whom Congress intended to benefit are able to apply – and be considered – for the waiver. Read more about the Immigration Council’s work on this issue here.

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