Although no longer current law, 212(c) relief is still available in the following situations:  

Your conviction was based on a plea agreement because April 24, 1996 and you would have been eligible for 212(c) relief at the time of your plea with the law then in effect.

In certain conditions, you may obtain 212(c) relief without the accrual of 7 years of continuous residence.  According to the law in effect prior to 1996, LPR status terminated only when a final administrative order of exclusion or deportation was entered. 

Persons convicted of aggravated felonies who served 5 years in custody may be granted 212(c) relief if their plea agreements were entered before November 29, 1990.

212(c) relief may be available under other circumstances having to do with dates, continuous residence, motions to reopen, service of an OSC (Order to Show Cause instead of a Notice to Appear), exclusion proceedings that begun prior to the change in the law and compliance with other regulations.  Please contact the Law Offices of Evelyne M. Hart to obtain a complete analysis of your facts.

 FACTORS

The following positive factors are weighed against the negative factors to establish eligibility for 212(c) relief:

 POSITIVE FACTORS:

• Family ties within the United States;
• Residence of long duration in the United States;
• Evidence of hardship to you and your family if deportation occurs;
• Service in the Armed Forces;
• History of employment;
• Existence of property or business ties;
• Existence of value and service to the community;
• Proof of genuine rehabilitation if a criminal record exists;
• Evidence attesting to your good moral character.

NEGATIVE FACTORS:

• Nature and underlying circumstances of the removal grounds;
• Additional significant immigration violations;
• Existence of a criminal record;
• Other evidence of bad character or undesirability.

The Law Offices of Evelyne M. Hart will work with you to obtain the appropriate evidence to prove your case.  

CONCLUSION

If you are granted 212(c) relief, it will be granted indefinitely and you will be returned to the status of Lawful Permanent Resident.  USCIS will return your green card and passport.