212h waivers for persons with criminal convictions
BIA found that an alien who is inadmissible under INA § 212(a)(2)(A)(i)(II) based on a drug paraphernalia offense may qualify for a waiver of inadmissibility under INA § 212(h) if that offense “relates to a single offense of simple possession of 30 grams or less of marijuana.” Matter of Martinez Espinoza, 25 I&N Dec. 118 (BIA 2009).