212(c) possible relief from deportation

[Paralegal4u]

As result of final rule published and effective October 28, 04 to implement the decision of the Supreme Court in INS v. St Cyr, 121 S. Ct. 2271 (2001) establishing procedures for eligible lawful permanent residents with certain criminal convictions obtained by plea agreement prior to April 1, 97, to apply for relief from deportation or removal under former section 212(c) of the Immigration and Nationality Act (INA), it is extremely important that such eligible file a special motion prior to their being deported or the expiration of such rule on April 26, 05.

Such rule as now in effect till April 26, 05 is available to eligible individuals who are currently in removal proceedings, who may be placed in removale proceedings, or who have completed immigration proceedings and are under final orders of deportation or removal. The rule does not apply to those who have already been deported from the United States.

Consequently, it is important to note, that eligible individuals who are now under final orders of deportation or removal from the United States who are still in the United States, must apply for this relief by filing a special motion to seek section 212(c) relief on or before April 26, 05.

For further information on how and where to file such motion, please send inquiries by PM.

[Michellita]

If you have a conviction before 1997, then it applies. Sadly, many cannot qualify for 212c relief with their current convictions post 1997.

[Paralegal4u]

SAMPLE MOTION FOR SECTION 212(c) RELIEF
In response to numerous private messages and emails I have received requesting further information to include but not limited to a sample format of the motion to be utilized in seeking relief under the new rule to reapply the former section 212(c) of the INA, a sample of such motion can be acquired from the following link. A form i-919 however must be sent with the motion. For further assistance or information please send me a PM.

Thank you
www.immigrationlinks.com/news/newshints36.htm

[bella]

Thanks for the link and the sample motion!
I will go ahead and make this a sticky thread.

[Paralegal4u]

Glad to be of assistance. It is important to note that when filing the motion for section 212(c) relief, it must be accompanied with an immigration form i-919 which is available in pfd format from their website or that of the Government printing Office. Good luck to all.

[katrina65]

if someone is not an eligible lawful permanent residents is there any relief from deportation for them, we have a son and have been together over 10 years and were planning a july wedding next year, our son is 5 and my fiance is from finland, arent they one of our alliance countries, please help, ins has a hold on him in our local county jail and i am so worried, he did come here after the us consolate in finland wouldnt grant him a visa, we were apart for 10 months and his son also who is 5. i really need a good immigration lawyer and an affordable one also. any advice or info would be greatly appreciated.
DEVISTATED FAMILY
katrina and eerik
waiting for daddy again ;-((

[Serge]

Hi, I have a question regarding 212(c) possible relief from deportation. If you are a LPR, who has a felony before 1997, what makes you ineligible for relief?
I have a felony..burglary, burglary tools, grand theft.All are one case, all happened in 1991. I have been a PLR since 1983. How would I go about getting this started. As of right now I am not in deportation proceedings, and INS has not contacted me, however I am aware that a may not leave the country. Any help would be greatly appreciated.
Thank you in advance.

[Paralegal4u]

RECENT APPELLATE REVIEW OF 212(c)

For all who might have interest in the progress of those seeking section 212(c) relief, I direct your attention to the following link with recommendations that you print the case which is in pdf format.

http://caselaw.lp.findlaw.com/data2/...nd/032292p.pdf

[bella]

Thanks for the info!!
I have read the case and I am desperately trying to fully understand it, with limited knowledge of legalize it's not easy.
Do you think you could explain simply what this means? Especially for those facing re-entry charges.
Thanks.

[Paralegal4u]

For those of you who would like to hear the audio delivery of the Supreme Court opinion when rendering its decision in INS v. St Cyr, 533 U. S. 289 which revived Section 212(c), I provide the following link.

http://www.oyez.org/oyez/resource/ca...audioresources

[resco]

So my husband is facing deportation, he is ineligible for 212(c) because he served a sentence of nine years which began in 91. However, he is scheduled for his first hearing in immigration court on january 10,2005, which is this coming Monday. Does anyone know the procedure of one's first hearing?

[Paralegal4u]

Although your husband might not be eligible for 212(c) relief due to his having served a sentence in excess of five years despite the offense having occured prior to 1996, depending on his physical location he might still be eligible. Some U. S. Appeal courts have asserted that the five year requirement is not jurisdictionally barred. If you can send me a PM with more details and I will try to further assist you. I would need to know the offense which formed the basis of the conviction, if conviction based on plea bargin, current location, current age, nationality and ties in the U. S.

[sweetcarixias]

Although your husband might not be eligible for 212(c) relief due to his having served a sentence in excess of 1 years for DWI he been send for to see immigratinton is this mean he is going to be deportation???????????? i am also loking for immigration phone # to get information about it.. please if you have it seen it to email removed per PTO Personal Information Policy.

[n0w0rl8tr]

My brother is a green card holder and recently traveled out of the country. On his return, the immigration detained him. We hired a lawyer and the strategy is to file for 212c relief. His record was back in 1993/1994. He did not serve any time longer than five years. No aggreviated felony. He turned his life around and has been clean since then. He has a family, 2 kids, works, a home owner and pays his taxes. What is his chances of not getting deported?

[Paralegal4u]

I would like to answer your inquiry, but such would require extensive time as well as elaborating in what would be required as an informative response since I have assisted in hundreds of cases pursuant to section 212(c). Therefore I would request that you please send me a Private Message in that I might better respond to your inquiry.