Immigration granted under 212(c) permanent residency

§212(c) Waiver Granted — A Path Back to Permanent Residency

Our client regained lawful permanent residence through a §212(c) waiver, a form of discretionary relief Congress once provided to long-time green card holders. Although §212(c) was repealed in 1996, the Supreme Court preserved it for certain pre-IIRIRA plea situations. Immigration courts still grant it in qualifying cases. It can also restore LPR status.

Who may qualify today

• Long-term LPRs with 7+ years of lawful unrelinquished domicile in the U.S. at the time of the plea/conviction.
• The conviction or inadmissibility ground must be one that historically had a comparable “exclusion” ground.
• Generally not available where the person served ≥5 years for an aggravated felony.

What the judge weighs (equities vs. negatives)

• Positive factors: Lengthy residence; U.S. citizen/LPR family; primary caregiving; military service; stable work and taxes; rehabilitation; community service; hardship on dependents; long offense-free period.
• Negative factors: Nature/recency of the offense; pattern of misconduct; immigration violations; unpaid taxes; weak ties.

How we won this case

1. Eligibility map: We proved 7+ years of domicile and that the offense aligned with a waivable ground.
2. Certified records audit: Complete minute orders, plea transcript, and sentence to resolve aggravated-felony exposure.
3. Rehabilitation narrative: Treatment completion, letters from counselors and employers, clean record, and documented community impact.
4. Hardship proof: Medical and financial affidavits showing exceptional harm to U.S. family if removal occurred.
5. Legal brief: Precedent on comparability, retroactivity, and discretionary balance; exhibits tabbed and indexed.

Result & next steps

• The immigration judge granted §212(c) and terminated removal. Our client’s LPR status is restored. This enables work, travel with a valid passport/green card. Any probation must be long past.

Practical tips
If you pled guilty before 1997, are an LPR, and face removal because of that plea, act fast. A targeted motion to reopen plus a fully documented §212(c) package can turn an old mistake into a second chance at permanent residence.