He is a LPR since 97 and He is being charged with felony for petty deft with priors consider moral terpetude We are filing a 212h waiver since he doesn't qualify for cancelation of removal. Can he qualify for the 212h if he was convicted in January and we traveled to Mexico for our honeymoon and when we returned he was sentenced to 180 days in jail. Can he qualify even though he left the country at that time?
Why doesn't he qualify for cancellation of removal (for lawful permanent residents) if he's been a permanent resident since '97?
You should try to "fight" the felony charge - you should retain a criminal lawyer who with consultation with and immigration lawyer will hopefully find a plea that the prosecutor will accept that is not a felony.
Need more facts.
Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.