AF/CIMT (~25 yrs ago); Extreme Hardship; Need Advice on Waivers/Help?

[smit007 0]

Hello, I just came across this website and specifically this forum, and I hope to get involved in the discussions. I do have a couple of questions about a family situation and was hoping some of you could offer any advice.

It's in regards to my Uncle. He came to the U.S. in 1978 and got his green card, living as a LPR. In 1985, he was convicted of a AF/CIMT, served his sentence and was released on good behavior and demonstrated rehabilitation in 1992. Upon his release, he went back to re-building his life in the U.S. with his wife and son. He never had another crossing with the law since the incident, and had completely turned a new leaf. He got a job, did community service and went on with his life hoping to put his past behind him.

His home country is India. He flew to India in 1996, 1999, 2002, 2003, and 2005 with no problems flying in or out of the country. In 2006, on a trip back from India, he was stopped by DHS upon arriving at the airport. They detained him and he was held for a while. We consulted a lawyer, who was able to get him out on bond. DHS obviously deemed him not to be a threat to society, no flight risk, etc. to release him on bond.

Regarding the Master Calendar - because his incident happened before April 1996, he was eligible for 212© relief from deportation. His lawyer fought and demonstrated countless good qualities and proof of rehabilitation for a crime that happened over 25 years ago, however the judge discretionarily denied the 212© waiver. His case is in the BIA now, but I dont have alot of hope there. His lawyer will take the case to Federal Court after the BIA makes their decision, if necessary.

He recently left the U.S. and went back to India, so he could leave on his own terms, before any order of deporation. My question/concern now is what, if anything at all, can be done to bring him back now or later? No matter how slim or fat the chances are, any waiver that is available would be worth the time.

A couple of additional notes:

• His wife is a naturalized U.S. citizen, and his son is a U.S. citizen
• His wife has major physical medical conditions, with proof from doctors notes, etc. proving her inability to get around by herself.
• His wife is not comfortable getting medical treatment from India, so she must be in the U.S. for her health conditions, however it is very hard on her and her son to get around with her husband. In fact, I take off work several times just to help them/her out.
• He has several assets (a house, car) in the U.S. that he owns and would like to continue to work and pay off
• I'm confident in their ability to prove extreme hardship.
• If DHS/ICE deported him when he was released from detention in 1992, he could have started his life back in India. The fact that he has been here 30+ years, and has several financial, physical and family ties here make it extremely hard for his family.

Would the 212(d) and/or the 601 waiver(s) apply here? They have several proof of hardship, good moral qualities and proof of rehabilitation for him, however the crime is a huge challenge being a AF & CIMT. Any help or advice would be much appreciated. Thanks very much!