What is 212 C waiver?. INA Section § 212(c). 212(C) RELIEF. Form I-191
A 212c waiver applicant must establish that he or she has been continuously resident for at least 7 years since his or her admission to the United States and, if convicted for an aggravated felony, a sentence of 5 years or more in prison was not served for that conviction.
Who remain eligible for INA 212(c) relief ?
LPR with a lawful domicile for at least 7 years; — 7 years of lawful domicile continued to accrue during exclusion and deportation proceedings until a final order was entered by an IJ or the BIA 2.
Not excludable under former INA sections addressing national security and international child abduction. 3.
For convictions entered between 11/30/1990 and 9/30/1996, LPR has not served more than 5 years imprisonment for one or more aggravated felony offenses
I 601A “provisional waiver” of unlawful presence under INA 212 (a)(9)(B) and 8 CFR 212.7(e)
- INA: ACT 212 – GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html
- Sec. 212.7 Waiver of certain grounds of inadmissibility. https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-15905/0-0-0-16484.html
How to apply for 212(c) relief ?
The decision on Form I-191 involves a determination of whether you have established eligibility for the immigration benefit you are seeking.
USCIS or an immigration judge, will notify you of the decision in writing Former INA section 212(c) provided for a waiver of inadmissibility or deportability for LPRs convicted of certain crimes who had resided in the U.S. for 7 consecutive years and who had not served an aggregate of more than 5 years in prison for an aggravated felony.
How to file 212 c waiver?
If you are a LPR and you believe you are eligible for relief under former INA section § 212(c) you may file Form I-191, Application for Relief Under Former Section 212(c) of the INA.
Form I-191 was previously titled “Application for Advance Permission to Return to Unrelinquished Domicile”.
If you submit Form I-191 on paper be sure to sign the form at Signature of Applicant. U.S. Citizenship and Immigration Services (USCIS) rejects any unsigned Form I-191, with delay in processing of your application.
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