Persons in the U.S. seeking § 212(h) waivers generally either will apply for the waiver together with an application to adjust status
or as a stand-alone application in removal proceedings. However, a person filing a stand-alone application in removal will also need a basis to avoid removal. For example, a lawful permanet resident returning from a trip abroad. Such a person could arguably also could apply affirmatively for a §212(h) waiver to U.S. Customs and Border Patrol. Such an affirmative application would be particularly useful if the person has not yet accrued 7 years of lawful residence in the United States, because otherwise the issuance of the Notice To Appear would cut off the continued accrual of physical presence.
Persons outside the U.S. can apply for a § 212(h) waiver in conjunction with an application for an immigrant visa at a U.S. consulate.
