What did St. Cyr decide?
Before 1996, a long-term permanent resident facing deportation for a crime could ask for a discretionary waiver under § 212(c). Congress cut that back in 1996 and repealed it effective April 1, 1997. Mr. St. Cyr had pleaded guilty before those changes. On June 25, 2001, the Supreme Court held that the waiver remained available to people like him, whose plea-based convictions left them eligible at the time of the plea. The reason is fairness: a plea is a bargain, and people gave up a trial while expecting this relief might stay open. Congress had not clearly said the repeal applied backward. The ruling did not grant anyone the waiver. It only protects the right to apply. Next step: if you have an old conviction and have received a Notice to Appear, find your plea and sentencing papers now, because the exact dates decide everything.
Am I eligible for § 212(c) today?
The working test comes from Matter of Abdelghany, a 2014 Board decision. You must be a lawful permanent resident with 7 consecutive years of lawful unrelinquished domicile, removable because of a plea or conviction entered before April 1, 1997. You do not need to match your conviction to a ground of inadmissibility: Abdelghany followed Judulang v. Holder, which threw out that older comparable-grounds test. Eligibility is only the start, because Congress narrowed the waiver in stages before repealing it. The version that applies is the one in force on the date of your plea or conviction, so the same crime can qualify for one person and not another. Next step: bring certified records of the conviction, the plea date and any time served to a lawyer. Do not estimate these dates.
What can disqualify me from § 212(c)?
At any date, you are out if you are inadmissible on listed security grounds or the international child abduction ground, or if, after proper notice, you failed to appear for proceedings, failed to comply with a voluntary departure order, or otherwise violated immigration laws relating to deportation proceedings. An old missed hearing can decide the case. For aggravated felony convictions entered between November 29, 1990, and April 24, 1996, serving 5 years or more in total also bars you. For a plea or conviction between April 24, 1996, and April 1, 1997, in proceedings begun on or after April 24, 1996, the bars widen: any aggravated felony, controlled substance offenses, certain firearms offenses, 2 or more moral turpitude crimes each carrying a possible sentence of 1 year or longer, and certain national security offenses. Next step: tell your lawyer about every missed hearing and departure order.
What if I was convicted at trial, not by plea?
Immigration judges should treat you like someone who pleaded, but the risk moves to federal court. The regulation at 8 C.F.R. § 1212.3(h) still says trial convictions do not qualify. In Abdelghany, however, the Board held that rule superseded and told judges nationwide to treat trial convictions like pleas, and the Form I-191 instructions agree. So a trial conviction is no reason to give up. California is favorable: the Ninth Circuit allowed trial-based claims in Cardenas-Delgado v. Holder (2013). Florida is harder: in Ferguson (2009) the Eleventh Circuit rejected such a claim, and although Abdelghany says that reasoning has been overtaken, it notes that several courts had not revisited the issue. You could win before the judge and still lose on a petition for review. Next step: raise § 212(c) at your master calendar hearing, and do not concede removability before your lawyer checks your circuit's current law.
Where and how do I apply?
It depends on whether you are in proceedings. If you are in deportation, exclusion or removal proceedings, you cannot file Form I-191 with USCIS; you must ask the immigration judge. Otherwise, USCIS accepts Form I-191, current edition 01/20/25, with a general fee of $930 on the schedule dated October 26, 2026, and certain applicants may request a fee waiver through Form I-912. The relief is discretionary, so eligibility only opens the door. Bring everything that shows why you deserve it. Do not confuse this with Form I-601, which covers other inadmissibility grounds, or with cancellation of removal, which has its own rules. Next step: if an airport officer or ICE stops you over an old conviction, use our court hearing guide to find your case, and do not sign anything giving up your green card.
What does St. Cyr say about going to federal court?
It held that the 1996 laws did not take away habeas corpus review of pure legal questions, partly because removing all such review would raise a serious constitutional problem. The route has changed since then. Today, under INA § 242, a petition for review in the court of appeals is the exclusive way to challenge a removal order. It is due within 30 days of the final order, and it goes to the circuit where the judge finished the case: the Eleventh for Florida and the Ninth for California. Constitutional claims and questions of law remain reviewable, a point that matters in Patel v. Garland and Nasrallah v. Barr. Next step: treat the 30 days as absolute. If you lost at the Board, see our removal defense page right away.