Motion to Reopen Removal Proceedings to Apply for 212(c) pertains to certain aliens who were lawful permanent residents, who are subject to a final order of deportation or removal, who are eligible to apply for relief under section 212(c). These proceedings shall be reopened SOLELY for the purpose of adjudicating the application for section 212(c) relief.
Do you qualify for 212(c) relief? At this time, it may be possible for you to file a Motion to Reopen Removal Proceedings to Apply for 212(c) pertains to certain aliens who were lawful permanent residents, who are subject to a final order of deportation or removal, who are eligible to apply for relief under section 212(c). These proceedings shall be reopened SOLELY for the purpose of adjudicating the application for section 212(c) relief.
A section 212c waiver allows certain long time green card holders who have been placed in removal proceedings because they were convicted of a criminal offense to avoid being deported.Congress repealed former section 212(c) of the Immigration and Naturalization Act effective April 1, 1997. However, the United States Supreme Court decided in 2001 that the repeal does not apply to lawful permanent residents who pleaded guilty to a crime before April 1, 1997 INS v. St. Cyr, 533 U.S. 289.
On December 12, 2011, the U.S. Supreme Court issued an important decision further protecting the rights of immigrants under the St. Cyr decision.In Judulang v. Holder, the Supreme Court unanimously held that the government’s policy for deciding when lawful permanent resident immigrants may apply for 212(c) relief from deportation for pre-1996 guilty plea convictions deeming such immigrants ineligible for relief if the deportation ground at issue does not have a sufficiently comparable inadmissibility ground was arbitrary and capricious in violation of the Administrative Procedure Act.The Court remanded the case for the government to adopt a new approach that does not arbitrarily deny long-term permanent resident immigrants such as Mr. Judulang from being able to apply for relief from deportation.
In 2012, the U.S. Supreme Court issued another important decision protecting the rights of immigrants with long ago criminal convictions to travel abroad without risking detention and removal upon their return.
In all of these immigration situations, it is possible under the right circumstances to make a motion to reopen proceeding to apply for 212(c) relief. This sample gives a great place to start.
While it would be better and more effective to use an experienced attorney, it is clear that many times people just do not have the funds to retain an attorney. Therefore, note that this Motion to reopen deportation proceedings which is based on you qualifying for 212(c) relief is made by an experienced immigration lawyer with nearly 30 years of experience. It is real and it was actually submitted.
The sample Motion to Reopen to apply for 212(c) relief is based on several factors and will give lots of great information and a significant amount of information and data that will comply with the requirements. Thus, if you cannot hire an immigration lawyer to prepare the motion, then this is the next best thing. Follow it carefully and closely and you will have a real chance of realizing your dream to stay inside the United States. Note that the adjudicating officer at USCIS is not your friend or the Consulate Officer at the U.S. Consulate deciding whether you should get this particular visa or status.
We certainly hope you find this petition useful and helpful and hope for the best immigration experience you can have. We do have petitions on every subject area of immigration, and you might look at those if needed as well. If you do need to actually have a consultation, you can call our U.S. Immigration Law office at 562-495-0554
for an initial free consultation to determine what must be done to help you and your family.