What is 212C relief and who qualifies?

  • 212C Relief is relief from deportation for legal permanent residents who were convicted of a crime prior to 1996.
  • It could be a drug-trafficking crime or any other aggravated felony. It’s only limited to those crimes where the conviction took place prior to 1996.
  • To be eligible for that, you just have to show that you’ve been in the United States for five years, and that your deportation would result in extreme hardship to yourself or to your family.
  • So if you do find yourself in that position and you have an aggravated felony conviction that was pre-1996, don’t think you’re going to be deported.
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I have been in the United State for 10 years, can I get a Green Card?

  • You can obtain a Green Card if you have been in the United States for 10 years if you are in deportation proceedings.
  • Many of my clients are in deportation proceedings due to committing a crime. After serving their sentence, they are automatically taken to The Department of Homeland Security and placed into custody. If you find yourself in that position, you are eligible to apply for a Green Card in front of the immigration judge if you can satisfy the following requirements:
    • You have to be a person of good moral character, which means that you can not have been convicted of an aggravated felony or a crime involving moral turpitude with a maximum sentence of one year or more and the sentence was six months or more.
    • You also have to show that your deportation would result in an exceptional hardship to your permanent resident or citizen spouse, children, or parents.

 

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What are the differences between LPR cancellation removal and non-LPR cancellation?

  • It depends. If you were a legal permanent resident, which we call LPRs, and you’ve been convicted of certain crimes, you can be deportable.
  • What’s important to remember is that some felonies make you deportable, some felonies don’t. Some misdemeanors make you deportable and some misdemeanors don’t.
  • To be eligible for cancellation of removal for a legal permanent resident, you have to show that you entered the United States at least seven years ago, prior to the violation date of the deportable offence.
  • You have to show that you have had a Green Card for at least five years. Then you also have to show, lastly, that your deportation would be a hardship to you or to your family. That last question is really a decision for the judge to make.

 

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Read Our Latest Blog Posts

  •  What is the Naturalization Process in the United States?
  •  What is a P-Visa in the United States?
  •  Traveling Outside of the United States as a Permanent Resident
  •  Temporary Protected Status in the United States