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Can I get my green card back after a deportation order

When can i gain re-entry to the U.S. after deportation?


Question: I was young and committed in a crime in 1994.
Even though I had my Green Card for years,
I am still in the U.S. Is there anything I can do?

Answer: The Department of Justice (Department) published a proposed rule to permit certain lawful permanent residents (LPRs) to apply for relief under former section 212(c) of the Immigration and Nationality Act,
From deportation or removal based on certain criminal convictions before April 1, 1997.
Certain LPRs who plead guilty or nolo contender to crimes before April 1, 1997,
Under this rule, eligible LPRs currently in immigration proceedings (and former LPRs under a final order of deportation or removal) who have not departed from the United States may file a request to apply for relief under former section 212(c) of the Act.

Question: I have already lost at the Board of Immigration Appeals and am now appealing to the Circuit Court.
What must I do at this point?

Answer: Based upon the regulations, you should request that the Circuit Court hold the case without processing it.
Simultaneously, you should file a Motion to Reopen the case under 212(c) under this special rule to the Board of Immigration Appeals.
If granted, the Board of Immigration Appeals will send the case back down to the Immigration Judge for hearings on 212(c).

Question:
Will he qualify to make the Motion to Reopen?

deportation lawyers

Answer: Under the new regulations, the answer is no.

Question: What if a person had a jury trial instead of pleading guilty?

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Answer: Again, they do not qualify for this 212(c) Motion to Reopen. They must have plead guilty, no contest or nolo contender.
There are other ways of fighting the battle to try to get 212(c) relief in federal courts. However, a straight forward Motion to Reopen will not work.

Question: Is there a time deadline in which to apply?

Answer: Yes. There will be a window of 180 days to apply.
If you are unsure as to the exact date,