I can get my Green Card back after having a deportation order?

Question: I was young and committed in a crime in 1994. Even though I had my Green Card for years, I was put into deportation proceedings in 2001 and was ordered deported. I am still in the U.S. Is there anything I can do?

Answer: The Department of Justice (Department) published a proposed rule to permit certain lawful permanent residents (LPRs) to apply for relief under former section 212(c) of the Immigration and Nationality Act, from deportation or removal based on certain criminal convictions before April 1, 1997. Certain LPRs who plead guilty or nolo contendre to crimes before April 1, 1997, may seek section 212(c) relief from being deported or removed from the United States on account of those pleas. Under this rule, eligible LPRs currently in immigration proceedings (and former LPRs under a final order of deportation or removal) who have not departed from the United States may file a request to apply for relief under former section 212(c) of the Act, as in effect on the date of their plea, regardless of the date the plea agreement was entered by the court. This rule is applicable only to certain eligible aliens who were convicted pursuant to plea agreements made prior to April 1, 1997.

Question: I have already lost at the Board of Immigration Appeals and am now appealing to the Circuit Court. What must I do at this point?

Answer: Based upon the regulations, you should request that the Circuit Court hold the case without processing it. Simultaneously, you should file a Motion to Reopen the case under 212(c) under this special rule to the Board of Immigration Appeals. If granted, the Board of Immigration Appeals will send the case back down to the Immigration Judge for hearings on 212(c).

Question: I have a friend in a similar situation who was actually deported back to his home country. Will he qualify to make the Motion to Reopen?

Answer: Under the new regulations, the answer is no. Unfortunately, the logic of the regulations is that they could have asked for various federal court relief or a stay of deportation, and therefore, their cases are closed and are no longer eligible for 212(c) relief.

Question: What if a person had a jury trial instead of pleaing guilty?

Answer: Again, they do not qualify for this 212(c) Motion to Reopen. They must have plead guilty, no contest or nolo contendre. There are other ways of fighting the battle to try to get 212(c) relief in federal courts. However, a straight forward Motion to Reopen will not work.

Question: Is there a time deadline in which to apply?

Answer: Yes. There will be a window of 180 days to apply. If you are unsure as to the exact date, you should get your motion filed as soon as possible.

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

18 Responses

  1. I have a US Green Card. Recenlty, I have got Coditional Dischage from Criminal Court which mean I have to take 26 Domestic Violence Acountability Class (from Safe Horizon). After 26 classes, there will be no criminal record but will be violation.

    Besides, if I get order of protection from family court for two years, how does both of things can impact my Green Card.

    • Dear Sir:

      You still will have the conviction if you plead guilty. This may necesitate a waiver. Please contact me for more information.


      Brian D. Lerner
      Attorney at Law

  2. I was permanant resident (green card holder) and I was ordered deported to my native country in 2001 because committed a crime, I am still in the U.S and on ICE supervision since. Can I leave/depart US at anytime? Do I need to get permission from ICE to leave the US?

  3. I was come to us since 1989 ,and I got order deport 1992 of the conviction felony , I would like to know , how can I get back my green card

    • Removal/Deportation Representation
      It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government will try to get the deportation issued. Neither the Immigration Judge, nor the Trial Attorney are there to help you. There are different forms of relief available which could result the granting of Lawful Permanent Residence. However, this requires large applications to be prepared and the necessity to prepare for trial. My firm has done this for several years, and if done properly, there is a very reasonable chance that it will be successful. If not done properly, the deportation order will be issued and your current way of living in the United States will end and you will either be on the run or be forcibly removed from the United States. 

      • I am currently on Order of Supervision, I spent 3 month in immigration
        facility, and got released due that my country does not exist (USSR),
        I was admitted to US as a Refugee, in 1990 and lost my LPR due to agrevated felony conviction, I spent 4 years in federal prison, and fully paid Government restitution more than $ 600 000, question if I will ever be able to reinstate my Green Card.

      • Governmental Pardon
You are considered to be an aggravated felon under the U.S. immigration laws. Because of that, you will have virtually no chance of ever becoming legal under the current situation. In these types of cases, one of the only items to prepare would be to submit a Petition for a Full and Unconditional Pardon to the Governor. If granted, then a petition for residency will be able to be filed. This office can prepare everything necessary in order to proceed. It is not easy to get an approval, but it is the only chance that exists here.  
Attorney Fees (Filing Fees and Costs not included)
The total Attorney Fees will be $4,500.00.

      • Dear mr Brian d .lerner on the my situation what is the properly way to get back my reencar .can I qualify for that how many percent .can yu help me in the matter and how much to cost yu to help me .pleae let me know Assoon as possible . Yu can call me anytime 704 277 2027 thank yu

      • Hello:

        The initial consultation will be free. However, I need more information in order to determine what will be best for your situation and what can be done. Please call my office at 323-454-7591 to make a consultation appointment. You can then go to either my Los Angeles office or my Long Beach office.


        Brian D. Lerner
        Attorney at Law

      • Mr. Brian D. Lerner Attorney at Law Good day I would like to let you know that I tried to do everything I can to send the required amount, but I’m placing the country does not allow at this time and I think you know the situation in Syria.All I can promise you that you are sure that I come back to u.s will get all the wages required of me in the same day that it continued to u.s this agreement between you and me I would like to know your response you lawyer do what you want to be sure for the payment wages until the I return to u.sFirst Party :MOHAMAD AL MOUBAYEDDATE OF BIRTH 10/4/1967 SYRIA TARTOUSSecond Party : Brian D. Lerner Attorney at LawDate :13/11/2013Thanks for your cooperation
        Date: Mon, 11 Nov 2013 20:35:50 +0000
        To: athinaco@hotmail.com

      • Hello:

        In order to receive a detailed consultation, you will need to book the appointment at the following website:


        There are several different types of consultations you can receive and the cost will range from $50 to $250 depending on whether you want an e-mail consultation or a telephonic consultation to an expedited priority consultation.

        Once you book the appointment and pay the fee through the online web portal, you will soon be receiving a detailed and expert analysis of your situation and what I can do to help you. Should you decide to retain my firm, the cost of the consultation will be deducted from the attorney fees.

        I am looking forward to helping you in the future and giving you the detailed consultation.


        Brian D. Lerner
        Attorney at Law
        Certified Specialist in Immigration and Nationality Law
        Offices in Los Angeles, Long Beach and the Phililippines
        (323) 454-7591

  4. sir
    i have recently been deported from the u.s now im in mexico i have two felonies a robbery and 4-400g uncontroll substance . i been a legal residence for 6 years almost 7 and i been in the u.s ever since i was 2 with a legal s.s .well i be able to reopen my case ,and get my greeencard back

  5. hi sir,
    with my case, i was arrested for assault with deadly weapon back in 2006 and i did 364 days in county jail. Then they released me but in 2008 i got caught for a dui and i violated my probation and they send me to prison for 2 year but i only stay for 4 month in prison. After i finish my time, ICE picked me up and i was there for 4 month and one of the public lawer told me if you dont want to stay in the immigration and fight your case you can just sign for deportation and get out. since i came over to america when i was 4 years old from vietnam in 1992. And i was wondering can i still get my green card back, all my family have citizenship beside me. As of right now i been reporting every 8 month with ICE. i own to business and i pay tax and i have employee under my business. WIll this help me with getting my greencard back down the line?

  6. Good Day sir . Dated 1991 got raised by married and stayed five years.I left America for a very important Xi emasculated my family and I can not go back and I knew after that seceded Me wife because of the absence. Can I go back and I’m me documents that prevented me from coming back.Knowing that I respect U.S. law and immigration law. Thanks for your cooperation

  7. Please I want to contact you through e-mail or phone please send me your full contact details.Kindly confirm your safe receipt.
    Thank you

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