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been placed in removal proceedings because they were convicted of a criminal offense to avoid being deported.Congress repealed former section 212(c) of the Immigration and Naturalization Act effective April 1, 1997.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.
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.
Mục lục
CONTENTS
ATTORNEY DRAFTED IMMIGRATION PETITIONS
INTRODUCTION
About the Law Offices of Brian D. Lerner
About Motion to Reopen Removal Proceedings to Apply for 212(c)
NOTICE OF ENTRY OF APPEARANCE AS ATTORNEY OR REPRESENTATIVE BEFORE THE IMMIGRATION COURT
ALIEN’S CHANGE OF ADDRESS FORM/IMMIGRATION COURT
MOTION TO REOPEN REMOVAL PROCEEDINGS
EXHIBITS
Exhibit ‘1’: Respondent’s Declaration
Exhibit ‘2’: Respondent’s Passport and Current Employment Authorization Card
Exhibit ‘3’: Respondent’s Partner’s Naturalization Certificate
Exhibit ‘4’: Respondent’s Son’s U.S. Birth Certificate
Exhibit ‘5’: Letter regarding Respondent’s Partner’s Health
Exhibit ‘6’: Letter regarding Respondent’s Son’s Health
Exhibit ‘7’: Respondent’s Son Individualized Education Program (IEP)
Exhibit ‘8’: Evidence of Respondent’s Business
Exhibit ‘9’: Letter from Respondent’s Accountant
Exhibit ’10’: Respondent’s 2016 Income Tax Return
Exhibit ’11’: Letters of Support
Exhibit ’12’: Evidence of Respondent’s Family in the United States
Exhibit ’13’: Photographs of Respondent and his Family
Exhibit ’14’: Respondent’s Conviction Documents
Exhibit ’15’: Order to Show Cause
Exhibit ’16’: Order of the Immigration Judge
Exhibit ’17’: Order of Supervision
Exhibit ’18’: Memorandum of Understanding – United States and Vietnam
Exhibit ’19’: Form I-191, Application for Advance Permission to Return to Unrelinquished Domicile
ABOUT THE AUTHOR
Giới thiệu về tác giả
Brian D. Lerner is a certified expert in Immigration Law, Removal and Deportation, Citizenship, Waiver and Appeals. He is an Immigration Lawyer and runs a National Immigration Law Firm for nearly 30 years. He is an attorney who is a certified specialist that might help in Immigration & Nationality Law as issued by the California State Bar, Board of Legal Specialization.
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