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212(c) Waivers
212(c) Waivers

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212(c) Waivers

Several types of criminal convictions can later lead to removal proceedings against a non-United States citizen. This does not automatically mean that your green card will be revoked and you will be forcibly separated from your family, job, and community, however. There are options an experienced attorney can pursue to try to halt your removal proceedings and preserve your lawful permanent resident status. One option is a possible 212(c) waiver.

If you or a loved one was placed in removal proceedings due to a criminal record, you should not wait to speak with a 212(c) waiver lawyer in Dutchess County, Ulster County, and Orange County, New York. Learn how the Law Offices of Nicklaus Misiti, PLLC, can assist in your case today.

Applying for 212(c) Waivers

A 212(c) waiver can serve to waive your criminal conviction to avoid deportation. There are strict requirements for this waiver, including the following:

  • Your conviction or guilty plea took place before April 1, 1997
  • You have had a green card for at least five years
  • You have had a lawful residence that was unrelinquished for seven years
  • You are not subject to removal based on national security concerns or terrorism
  • You do not have a prior immigration offense that makes your U.S. presence unlawful
  • You were not convicted of an aggravated felony or firearms offense that carried a sentence of five years or more

The requirements for a waiver are strict, and the immigration court has discretion whether to grant the waiver. It is important to have the right lawyer presenting your case to the judge.

Speak with a 212(c) Waivers Lawyer in Dutchess County, Ulster County, and Orange County about Your Options

At the Law Offices of Nicklaus Misiti, PLLC, an experienced New York 212(c) waiver lawyer can evaluate your options. For assistance in Dutchess County, Ulster County, and Orange County, New York, please contact us online or call 845.926.1177 for a consultation.