Recently, our firm celebrated the approval of a waiver in court for a lawful permanent resident who had been in removal proceedings for a crime committed in the 1980’s.
Our client was traveling back from his home country of Haiti and in 2012 and was placed in removal proceedings. Our firm conducted research and found that he was eligible for the 212(c) waiver.
Under the Immigration and Nationality Act section 212(c) a person may be eligible for a waiver based on the type of crime committed and the date on which the person was convicted.
The eligibility factors for a 212(c) waiver are:
- Pleading guilty to the crime prior to April 1, 1997;
- Being a lawful permanent resident for at least 5 years;
- Must be returning to a lawful, unrelinquished residence of at least 7 consecutive years;
- Not subject to deportation or removal on the grounds of terrorism or national security;
- Not unlawfully in the United States due to a previous immigration offense;
- Must not have been convicted of a firearms offense or an aggravated felony offense for which you served over 5 years.
After filing extensive documentation for our client and demonstrating to the Judge our client’s good moral character, we were satisfied to see the Judge’s approval with the Government waiving appeal. Our client will be applying for naturalization in the upcoming days.
At the Powers Law Group we strive to find solutions to keep individuals united with their families in the United States. Our firm has extensive experience with waivers, if you have any questions determining your eligibility for a waiver that can keep you from getting deported, contact our office to schedule a consultation with one of our attorneys at (713) 589-2085.