Application For Relief Under Former Section 212(C) Of The Immigration And Nationality Act (Ina) (Page 2 of 11) in pdf

3. Criminal Convictions. You were convicted before April 1, 1997, of any crime that makes you deportable or

removable.

4. Eligibility. You were eligible for relief under the version of former INA section 212(c) that was in effect on the day

you were convicted. See the section of these Instructions entitled What Version of Former INA Section 212(c) Will

Apply to My Case, and What Makes Me Ineligible for Relief Under Former INA Section 212(c).

What Version of Former INA Section 212(c) Will Apply to My Case and What Makes Me Ineligible for

Relief Under Former INA Section 212(c)?

USCIS (or an immigration judge if you are in deportation, exclusion, or removal proceedings) will decide your application

under the version of former INA section 212(c) that was in effect on the date you pled guilty or were convicted.

Congress amended former INA section 212(c) several times before finally repealing the provision. First, section 511

of the Immigration Act of 1990 (“IMMACT90”), Public Law 101-649, made relief under former INA section 212(c)

unavailable to certain aggravated felons. Then, section 440(d) of the Antiterrorism and Effective Death Penalty Act of

1996 (AEDPA), Public Law 104-132, expanded the offenses for which relief under former INA section 212(c) is not

available.

If you pled guilty or were convicted before November 29, 1990.

The amendments to former INA section 212(c) by section 511(a) of IMMACT90 and by section 440(d) of AEDPA do not

apply to you if you were convicted:

1. Before November 29, 1990, after a trial; or

2. At any time, if you prove that you were convicted based on a plea agreement made before November 29, 1990.

You may be eligible for relief under former INA section 212(c) unless you:

1. Are inadmissible to the United States under INA section 212(a)(3) (security related grounds) or INA section (10)(C)

(international child abduction); or

2. Failed, after proper notice, to appear for your deportation, exclusion, or removal proceedings; failed to comply with a

voluntary departure order; or otherwise violated immigration laws relating to deportation proceedings.

If you pled guilty or were convicted on or after November 29, 1990, but before April 24, 1996.

The amendment made by section 511(a) of IMMACT90 applies to you if you were convicted:

1. In a trial on or after November 29, 1990, and before April 24, 1996; or

2. Before, on, or after November 29, 1990, and before, on or after April 24, 1996, if you prove you were convicted based

on a plea agreement made before April 24, 1996.

You may be eligible for relief under former INA section 212(c) unless you:

1. Were convicted of one or more aggravated felonies, as defined in INA section 101(a)(43) and you served for this

aggravated felony or these aggravated felonies an aggregate 5-year term of imprisonment;

2. Are inadmissible to the United States under INA section 212(a)(3) (security related grounds) or (10)(C) (international

child abduction); or

3. Failed, after proper notice, to appear for your deportation, exclusion, or removal proceedings; failed to comply with a

voluntary departure order; or otherwise violated immigration laws relating to deportation proceedings.

Form I-191 Instructions 12/23/16 N

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