Instruction for Form I-191 Table of Changes

TABLE OF CHANGES – INSTRUCTIONS

Form I-191, Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA)

OMB Number: 1615-0016

Date: 11/29/2016

Reason for Revision: 83C revision, update to 8 CFR reference.

Current Page Number and Section	Current Text	Proposed Text
Page 1, What Is the Purpose of Form I-191?	[page 1] What Is the Purpose of Form I-191? You may be eligible to file Form I-191, Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA), if you: 1) Were lawfully admitted for permanent residence; and 2) Are subject to removal from the United States because you were convicted before April 1, 1997, of a crime that makes you inadmissible or deportable. NOTE: If you are in deportation, exclusion, or removal proceedings, you CANNOT file Form I-191 with USCIS. You must seek relief under former INA section 212(c) before an immigration judge. Congress repealed former INA section 212(c), effective April 1, 1997. However, the U.S. Supreme Court decided in 2001 that the repeal does not apply to lawful permanent residents (LPRs) who pled guilty to a crime before April 1, 1997 (INS v. St. Cyr, 533 U.S. 289). In Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014), the Board of Immigration Appeals stated that relief under former INA section 212(c) is also available to otherwise eligible LPRs, even if they were convicted following a trial before April 1, 1997.	[page 1] What Is the Purpose of Form I-191? You may be eligible to file Form I-191, Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA), if you: 1) Were lawfully admitted for permanent residence; and 2) Are subject to removal from the United States because you were convicted before April 1, 1997, of a crime that makes you inadmissible or deportable. NOTE: This version of Form I-191 meets the requirement of 8 CFR 1212.3 to file the Form I-191 previously titled, "Application for Advance Permission to Return to Unrelinquished Domicile”. If you are in deportation, exclusion, or removal proceedings, you CANNOT file Form I-191 with USCIS. You must seek relief under former INA section 212(c) before an immigration judge. Congress repealed former INA section 212(c), effective April 1, 1997. However, the U.S. Supreme Court decided in 2001 that the repeal does not apply to lawful permanent residents (LPRs) who pled guilty to a crime before April 1, 1997 (INS v. St. Cyr, 533 U.S. 289). In Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014), the Board of Immigration Appeals stated that relief under former INA section 212(c) is also available to otherwise eligible LPRs, even if they were convicted following a trial before April 1, 1997.

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