Our client, a native and citizen of Guyana, is a lawful permanent resident who was arrested and convicted of Conspiracy to Commit Bank Larceny, in violation of 18 U.S.C. 371. As a result, he was placed in removal proceedings. The DHS prosecutor argued that the conviction was for a fraud crime where the loss is over ten thousand dollars and asked the Immigration Judge in New York City to deport our client due to an aggravated felony. We argued that Bank Larceny is not a fraud crime, but a theft crime and not an aggravated felony. The Immigration Judge found in our favor and, thus, our client qualified to apply for an I-601 212(h) waiver. After an individual removal hearing, the Immigration Judge granted our client’s waiver application and he remains a lawful permanent resident of the United States and can now apply for citizenship.