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212(c) waivers

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  • 212(c) waivers

    Being pre-1996 makes you eligible for 212(c). Being pre-1990 makes it so that the new def. of aggravated felony, from IRIRA does not necessarily retroactively apply to you.

    Now even today, the first simple possession in some circuits (including the 9th) is not an issue anyway, so no matter what I am not concerned about the first possession. The general rule on 212(c) is that IF you would have been eligible for 212(c) relief at the time you pled guilty, then you should still get it now. First of all, 212(c) is only for plea deals - not jury convictions. But I assume your convictions were from pleas. I believe you would be 212(c) eligible even with two simple possessions since they are that old, IF you were eligible for 212(c) in the first place at the time of the plea.

    But the problem is that when you go in for your interview they might just jug you then and there and let the imm. court system sort it out.

    I would suggest trying to vacate the two convictions via a writ of error coram nobis. For more on this:
    http://immigrantcrime.com/PDF/2--Pos...reprint%5D.pdf
    You will need a skilled attorney to get this done. Probably the best grounds are that you were probably not given a proper immigration advisal back then, but there might be other grounds.

    If you are not successful in vacating the convictions, then try the N-400 route and file a G-28 so that an attorney goes into the interview FIRST. Wait outside and try to have him explain the whole thing, and include an opinion letter from an attorney with your naturalization application. If everything is going south, he might be able to convince DHS to at least just give you a notice to appear instead of taking you in, or maybe he can even convince them that you are eligible.

    Worst comes to worst, if your attorney comes out and tells you that they are going to take you into custody, you can just take off if you decide not to deal with it. Even if you are taken in, you will be bail eligible and the bail would not be very high for something like this. Your case would wind on for years.

    You can review the M-476 Guide to Naturalization yourself as well
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