Section 212(c) Relief

What is commonly referred to as section 212(c) relief is not available to everyone in removal proceedings. Specifically, in order to be eligible, one must be a legal permanent resident that has resided in the country for at least seven (7) years and pleaded guilty to a crime before April 1, 1997. Many legal permanent residents plead guilty to crimes before the amendments made to the Immigration and Nationality Act by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) with the expectation that they would be eligible for relief from removal despite their criminal convictions. IIRIRA eliminated that form of relief. However, the U.S. Supreme Court ordered the then Immigration and Naturalization Service (INS) to allow individuals to apply for this form of relief if they entered plea agreements prior to April 1, 1997.