EOIR Removal Defense

212(C) Waivers (Relief from Removal)

A powerful form of discretionary relief from deportation under former INA § 212(c) for long-term lawful permanent residents with criminal plea convictions entered prior to April 1, 1997.

Estimated Timeline 6 to 18 months within the calendar of Immigration Court removal proceedings or BIA reopened proceedings Subject to agency case volume

Primary Form(s) Form I-191 Plus supporting declarations

Government Fee $930 Form I-191 Filing Fee

Typical Legal Fee $6,000 to $12,000+ Market flat-fee range

1. Overview of the Process & Reasons to Pursue

Former Section 212(c) of the Immigration and Nationality Act (codified at 8 C.F.R. § 1212.3) remains one of the most potent defenses against deportation for long-term Lawful Permanent Residents. Although Congress repealed Section 212(c) in 1996 through IIRIRA, the U.S. Supreme Court held in the landmark decision *INS v. St. Cyr*, 533 U.S. 289 (2001), that 212(c) relief remains available to permanent residents who entered guilty or nolo contendere pleas prior to April 1, 1997. A 212(c) waiver allows an Immigration Judge to waive almost all criminal grounds of deportability and inadmissibility—including many aggravated felonies.

Why Someone Pursues This Process / How One Enters It

Long-term green card holders facing deportation due to historic criminal convictions pursue 212(c) relief because it can waive severe deportable offenses that are completely ineligible for modern Cancellation of Removal (INA § 240A(a)). Successfully obtaining a 212(c) waiver eliminates deportability, preserves lawful permanent resident status, and allows the immigrant to remain permanently in the United States.

2. How Long the Process Usually Takes

6 to 18 months within the calendar of Immigration Court removal proceedings or BIA reopened proceedings.

3. Forms That Need to Be Completed

Successfully completing this process involves preparing and submitting official government petitions and affidavits:

Form I-191

Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act

Form EOIR-28

Notice of Entry of Appearance as Attorney Before the Immigration Court

Motion to Reopen

Formal written motion filed with the Immigration Court or BIA to apply for 212(c) relief

4. Supporting Evidence & Documentation Checklist

In immigration proceedings, the applicant carries the burden of proof. A complete evidentiary packet must include:

Proof of lawful permanent resident status for at least 7 consecutive years prior to the commission of the offense or filing
Certified criminal docket sheets, indictments, plea minutes, and judgments of conviction proving the guilty plea occurred prior to April 1, 1997
Proof that the conviction did not result in an aggregate prison sentence of 5 years or more for aggravated felonies (unless plea occurred prior to Nov 29, 1990)
Evidence of substantial family and community ties in the United States (birth certificates of U.S. citizen children, marriage certificate)
Comprehensive proof of rehabilitation: steady employment history, tax transcripts, completion of probation, letters of support from employers, religious leaders, and community members
Evidence of severe emotional, physical, and financial hardship to the applicant and their family if removed to the home country

5. What Could Make a Person Ineligible? (Disqualifiers & Red Flags)

Before filing, you must audit your entire background for statutory bars, criminal inadmissibility, and prior immigration violations. Any of the following issues can lead to immediate denial, forfeiture of filing fees, or removal proceedings:

Conviction Date on or After April 1, 1997: 212(c) is strictly unavailable if the guilty plea was entered on or after April 1, 1997.
Convictions Resulting from a Jury Trial: Under prevailing precedent, if the conviction was obtained through a jury verdict rather than a plea agreement, 212(c) reliance interests under *St. Cyr* do not apply.
Five-Year Aggregate Prison Term: Applicants who served an aggregate term of imprisonment of at least 5 years for one or more aggravated felonies (unless the plea occurred before November 29, 1990).
Lack of 7 Consecutive Years of Lawful Domicile: The applicant must have accumulated at least 7 consecutive years of lawful unrelinquished domicile in the U.S. as an LPR.
Firearms Offenses Lacking Comparable Inadmissibility Grounds: Certain standalone firearms convictions that lack a statutory counterpart in INA § 212(a) may be barred under the statutory comparability test.
Security and Terrorism Grounds: Convictions relating to national security, espionage, or terrorism cannot be waived under 212(c).

6. Government Filing Fees

Government filing fees are strictly non-refundable and set by federal regulation (USCIS, EOIR, and Department of State fee schedules):

Form I-191 Filing Fee

$930 paid via USCIS fee portal for court filings.

Note: Government fees are subject to periodic regulatory updates. Fee waivers (Form I-912 or EOIR-26A) may be available for qualifying indigent applicants on select forms.

7. Possible Adjudication Outcomes

Upon review by the adjudicating agency, asylum office, or court, this process can lead to the following formal outcomes:

Immigration Judge Grants 212(c) Relief: Removal proceedings are terminated, and the respondent's lawful permanent resident status is fully restored.
DHS Reserves Appeal: Government counsel may appeal a favorable 212(c) grant to the Board of Immigration Appeals (BIA).
Immigration Judge Denies 212(c) Relief: IJ finds applicant statutorily ineligible or denies in discretion; removal order is entered.
Motion to Reopen Denied: If filed to reopen an old removal order, the court or BIA may decline to reopen proceedings.

8. What Can Be Done If Your Outcome Is Negative?

If an Immigration Judge denies 212(c) relief, the respondent must file a Notice of Appeal (Form EOIR-26) to the Board of Immigration Appeals (BIA) within 30 calendar days of the oral decision or mailed order. An automatic stay of deportation remains in effect while the BIA appeal is pending. If the BIA affirms the denial, the respondent can file a Petition for Review in the appropriate U.S. Circuit Court of Appeals (e.g., the 2nd Circuit for New York) within 30 days to challenge questions of law and constitutional claims.

9. Range of Legal Fees Charged by Lawyers

Typical Industry Legal Fee Range

$6,000 to $12,000+

$6,000 to $12,000+ typical attorney fee due to the intensive evidentiary requirements, historical criminal court archiving research, complex statutory comparability briefings, and in-person trial litigation.

At JBC Law Office, attorney Joseph B. Caraccio provides transparent flat-fee representation with written retainer agreements, personalized evidentiary assembly, and direct attorney communication at every step.