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Can my husband apply for naturalization?

Atlanta, GA |

My husband has been a LPR for 25 years but upon re-entry from Mexico in 2005 he was detained. He had a 1991 conviction(adjudication withheld) for possesion of cocaine. He was placed into removal proceedings and in 2007 he was granted a 212c waiver and cancelled from removal and his green card was returned to him. My question is can he ever apply for naturalization? or is this a permanent bar from citizenship forever? I have applied for a complete gubernatorial pardon from the state of the conviction, but not sure where to proceed from here.... Any advice would be greatly appreciated.

Attorney Answers 1


Your husband was quite fortunate to receive a Section 212(c) waiver. As you know, the Section 212(c) waiver is rare as the law was modified in 1996 so a very limited set of individuals still qualify for the waiver.

With that said, because your husband received the Section 212(c) waiver, he still has the opportunity for naturalization. However, there will be additional factors involved, and the matter can be quite complex.

You should contact an immigration attorney to assist you with the matter, and I would suggest you contact my colleague, Ms. Yenniffer Delgado, at 404-387-0756.

DISCLAIMER: Although I am an attorney, absent a signed retention and engagement letter, I am not your attorney. There are no exceptions to this rule. Moreover, you shall not rely on the information I am providing you, as it is only for your general knowledge and educational purposes. Indeed, my analysis is always based on the laws of Georgia, and your jurisdiction might have substantially different laws and requirements. As such, you should always contact an attorney that practices in your local area.

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