The Second Circuit, in Husic v. Holder, is the latest court to find that an individual who is admitted to the United States in a status other than lawful permanent residence and later adjusts status to lawful permanent residence is not barred from seeking a 212(h) waiver (which waives the immigration consequences of certain criminal convictions) because of a conviction for an aggravated felony. Husic was admitted to the United States on a tourist visa, and later adjusted his status to lawful permanent residence. He was convicted of an aggravated felony and placed in removal proceedings, where he argued that he could seek a 212(h) waiver for his conviction. The Second Circuit, in finding that an individual who enters the United States and later adjusts status is not an individual who has "previously been admitted to the United States as an alien lawfully admitted for permanent residence," joins seven other circuit courts in reaching this interpretation of the aggravated felony bar to 212(h) waivers. The 8th Circuit is currently the only circuit court to dissent from this majority view.
You can read the full decision here: http://www.ca2.uscourts.gov/decisions/isysquery/7f8fdc38-cdd6-46e2-8835-896bbfa2dc71/1/doc/14-607_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/7f8fdc38-cdd6-46e2-8835-896bbfa2dc71/1/hilite/