Section 212(c) relief is a historically significant, discretionary waiver that offers a path for certain Lawful Permanent Residents (LPRs) with criminal convictions to remain in the U.S.
To qualify, the LPR must have:
- Pled guilty or been convicted of a crime before April 1, 1997.
- Accrued seven consecutive years of lawful, unrelinquished domicile in the U.S.
The process is a balancing test before an Immigration Judge, who weighs the applicant’s positive equities (family ties, employment, community service) against the negative factors (severity of the crime). It is a vital defense against deportation for a small, specific group of long-term residents.
Former INA §212(c) Relief — a lifeline for LPRs with older criminal convictions
Former section 212(c) of the Immigration and Nationality Act provided discretionary relief that—when available—could prevent the deportation of lawful permanent residents with certain criminal convictions. Although Congress repealed 212(c) effective April 1, 1997, the U.S. Supreme Court held in INS v. St. Cyr that some noncitizens who pleaded guilty before the repeal may still be eligible to seek relief under the old statute.
Quick summary
- What it is: a discretionary waiver permitting eligible LPRs to avoid exclusion/deportation for certain convictions; eligibility depends on the law in effect at the time of conviction.
- Who may still use it: limited groups — generally LPRs with qualifying pre-1997 convictions or pleas; *St. Cyr* preserved relief for certain plea cases.
- How to apply: file Form I-191 with USCIS when appropriate, or raise the claim before an Immigration Judge in removal proceedings.
Practical steps
- Screen conviction & plea dates and obtain certified court records.
- Decide whether to file I-191 (USCIS) or present the claim in Immigration Court (EOIR).
- Assemble positive equities and prepare legal memoranda explaining eligibility and favorable discretion (cite INS v. St. Cyr where applicable).
