One of our clients had the shock of his life when, upon his return to the US from a trip to Jamaica where he went to visit an ailing relative, he was detained by Customs and Border Protection agents and placed in removal proceedings. This client is a lawful permanent resident. He had traveled to Jamaica many times, and nothing had happened. Why was he stopped? Back in 1985, he was arrested for selling counterfeit goods. On the advice of a public defender, he cut a deal and plead guilty to a charge of grand theft to avoid going to jail. He was sentenced to a few years probation and went on with his life. He was never informed, and he never imagined that this conviction would make him inadmissible upon returning from a trip abroad. We represented this client in removal proceedings. We helped him prepare an application for relief under former §212(c) of the INA. We argued that this man’s good qualities – his long-term residence in the United States, the business he founded, his wife and her accomplishments, his five US citizen children and the community activities in which he was involved – far outweighed the 1985 conviction which was the only negative factor in his past. The immigration judge agreed and granted the waiver. Our client was able to keep his residency and put this unfortunate chapter behind him once and for all.

Tags: 212(c), waiver
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