Seeking a Waiver to Avoid Deportation Due to Criminal History

What is §212(c) relief?

Section 212(c) is a discretionary waiver that can forgive certain criminal convictions for long-time lawful permanent residents (LPRs). However, eligibility is narrow and depends on dates, plea type, and your immigration history. We evaluate whether your case fits the rules and current case law.

Who might qualify

Long-time LPRs: generally with 7+ years of lawful, unrelinquished domicile in the U.S.
Older pleas/convictions: cases tied to pre-April 1, 1997 pleas may qualify, for example under St. Cyr principles.
Not all crimes are bars: some aggravated felonies or long imprisonment can block relief; therefore, we analyze the exact statute and sentence.

Important: §212(c) standards have changed over time. Therefore, a precise, fact-specific review is essential before filing.

When §212(c) is used

Removal (deportation) defense in immigration court
Travel/return issues for LPRs with past convictions
Post-conviction strategy coordinated with criminal counsel

Learn more: Removal defense · Waivers of inadmissibility · Contact us

What the judge considers (discretion)

Immigration judges weigh the totality of equities:

Family ties, residence length, military service
Employment history and community service
Rehabilitation and treatment records
Counter-factors: seriousness of the offense, recency, and compliance with court orders

In addition, strong documentation and credible testimony can tip the balance.

Evidence checklist (sample)

Green card history and proof of 7+ years residence
Certified criminal docket/judgment and plea date records
Sentencing transcripts and disposition documents
Rehabilitation proof: programs, letters, employment, and community support
Family hardship evidence and country conditions, if relevant

As a result, the court sees a full, fair picture of your life.

FAQs

Does every LPR with a conviction qualify?
No. For example, certain aggravated felonies or long prison terms may bar relief.

What if my plea was after 1997?
It may be harder; however, some cases still have arguments depending on the statute, date ranges, or vacated convictions.

Can post-conviction relief help?
Sometimes. Moreover, correcting a defective plea or reducing a sentence can change eligibility.

How we help

First, we order your records and map eligibility. Next, we prepare a §212(c) brief and evidence packet. Then, we present equities and witnesses in court. Finally, we track decisions and handle any appeals as needed.

Ready to discuss §212(c)? Schedule a consultation or call (562) 495-0554.

Disclaimer: This page provides general information, not legal advice. §212(c) eligibility is highly fact- and date-specific.

What is former INA §212(c)?

Former §212(c) let some lawful permanent residents (LPRs) ask for a discretionary waiver of certain deportation/exclusion grounds after 7 years of lawful, unrelinquished domicile in the U.S. Although Congress restricted and then repealed §212(c) in 1996–1997, courts and the BIA preserved relief for many pre-1996/1997 convictions. In INS v. St. Cyr (2001), the Supreme Court held the repeal doesn’t bar 212(c) for LPRs who pleaded guilty before April 1, 1997 in reliance on the waiver. Later, Matter of Abdelghany (BIA 2014) expanded eligibility to certain pre-April 1, 1997 convictions, even if they followed a trial, not only a plea.

Who may still qualify today (high-level)

You are an LPR (or became one via legalization under §210/§245A) and have 7 consecutive years of lawful unrelinquished domicile in the U.S. (count starts when LPR/LTR status began).
Your removability is based on a conviction entered before April 1, 1997 (and often before April 24, 1996 for certain aggravated-felony issues).
Your ground is one that had a comparable inadmissibility/deportability counterpart that 212(c) historically waived. (Abdelghany revised the old “comparable-grounds” approach and removed the plea-only limitation.)

Who is not eligible (common bars)

Certain aggravated felony convictions with 5+ years of imprisonment imposed (for the pre-AEDPA period November 29, 1990 – April 24, 1996) are barred.
Convictions and pleas after the 1996 statutes’ effective dates generally aren’t 212(c)-eligible (other relief may exist, like cancellation 240A(a)).

Where and how it’s filed

Many applicants seek 212(c) in immigration court as a form of defensive relief (you’ll present equities and hardship in a merits hearing).
Form I-191 (Application for Relief under former §212(c)) is the USCIS form associated with this waiver; depending on posture, it may be filed with USCIS or adjudicated in proceedings before an IJ. Read USCIS’s current instructions carefully.

Evidence that strengthens a 212(c) case

Length of lawful residence and family ties in the U.S.
Rehabilitation evidence (treatment, education, stable work, community letters).
Hardship to you and qualifying relatives if removed.
Equities vs. negatives (the IJ weighs both).

Strategy & key dates to check

Date of conviction/plea/trial (pre-4/24/1996 vs 4/24/1996–4/1/1997 matters).
Sentence imposed (especially any 5+ year aggravated-felony sentence from 1990–1996).
Whether your ground has a waivable counterpart historically covered by 212(c).

FAQs:

Does 212(c) still exist?
Functionally yes for a narrow set of older convictions. St. Cyr and Abdelghany preserved eligibility in defined scenarios. Justia Law+1

Do I need a guilty plea before 1997?
Not always. After Abdelghany (2014), some trial convictions before April 1, 1997 can also qualify if other requirements are met. Justice Department

Is 7 years of domicile still required?
Yes—7 years of lawful, unrelinquished domicile (usually counting from when you became LPR or legalized under §210/§245A). USCIS

What if I have a later conviction?
Post-1996 convictions typically look to cancellation of removal (240A(a)) or other relief—not 212(c).

Can 212(c) waive every ground?
No. Some grounds and aggravated felony situations are barred. The analysis is very case-specific.

Person in deportation wins 212(c) relief and gets to keep her Green Card.
Crime was possession for sale of drugs

Waivers for Criminal Grounds of Inadmissibility

The specific type of waiver an individual may be eligible for depends on their immigration status, the nature of their crime, and other factors.

The I-601 Waiver: Overcoming Criminal Bars to Entry

Form I-601, Application for Waiver of Grounds of Inadmissibility, is a common path for those seeking to overcome criminal inadmissibility. To qualify, an applicant must demonstrate that their removal would cause “extreme hardship” to a qualifying relative, such as a U.S. citizen or lawful permanent resident spouse, parent, or child.