Section 212(c) waiver saved my client from deportation today!! Before the immigration laws changed in 1996, my client, an Egyptian citizen who is a lawful permanent resident of the United States, was convicted of a counterfeiting offense, a crime involving moral turpitude under current immigration laws, for which he received a sentence of probation only. He continued traveling internationally without any problems re-entering the United States, despite the fact that he had a criminal conviction. About one year ago, when he returned to the United States from a trip abroad, the Department of Homeland Security (DHS) discovered his conviction and started removal proceedings against him. Of course, as he was now facing removal, he needed an experienced immigration lawyer. He called me and we decided to discuss his case in detail to figure out what, if anything, could be done, to save him from deportation. After I talked with him, I told him that he was lucky that he was eligible for a deportation waiver that existed in the past, but which no longer exists because of the 1996 changes in the immigration laws.
My representation of this client was not "normal" -- he traveled back and forth to and from Egypt during the course of his removal proceedings. I often had to work with him while he was overseas, which, at time, proved challenging. But thanks to technology, such as emails and faxes, I made sure he had no excuses not to stay in touch with me! Of course, as it may be true with some cases, there were bumps along the way, thanks to time differences and unavailability of some documents, but nothing that my client and I could not resolve in preparing the case.
In Immigration Court, my client applied for a Section 212(c) waiver of his crime. This law no longer exists (because it was replaced with Cancellation of Removal in 1996), but a narrow group of lawful permanent residents still remain eligible for this waiver. My client's case required intensive document preparation. Under the new Immigration Court rules, everything had to be done precisely and correctly, to make it easier for the Immigration Judge to review my client's life through paper documents. No easy task, I assure you!
Almost one year after he was placed in removal proceedings, my client finally got his day in Court today. Because of his criminal history, I had to help my client prove to the judge and to the attorney for the DHS that he has obeyed the law and acted responsibly since his conviction. Working closely together, my client and I did that. In addition, after hours of preparation by me, my client’s testimony today was convincing. The Immigration Judge granted him Section 212(c) waiver! The DHS attorney said that he would not appeal. My client was so happy with his win, that he now wants me to represent him on his application for naturalization.
It is cases like this that make my job as an immigration lawyer rewarding. To see the happiness on my client's face was indescribable. He couldn't contain himself with excitement, knowing that this past is now really behind him, and that he can move forward with his life! Hopefully in the coming years, I will help him bring his family to the United States from Egypt through consular processing!
-Irwin Berowitz
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