Other Forms of Relief
Post Conviction Relief
Post-conviction relief may be the only option for a client to avert the adverse immigration consequences of certain criminal convictions. This option should be considered and t is important for there to be sufficient time remaining in immigration proceedings for you to be able to take a criminal-court order vacating the conviction and turn it to use in immigration court. Be advised that vacating a judgment is NOT the same as an expungement. Expungements no longer have any effect upon your conviction when in immigration court or applying with USCIS. The only exception to this rule is a first-time drug possession conviction in the Ninth Circuit area of the country.
Even if you have already been ordered deported, in some cases, deportation or denial of immigration benefits based upon the conviction can be reversed upon a motion to reopen in immigration court once the conviction has been vacated. Where the legal basis of a finding of deportability has been nullified, a new deportation hearing may be warranted. A deportation proceeding may also be reopened - even after a criminal conviction has initially become final - if a criminal court accepts a late appeal of the criminal conviction and the conviction becomes non-final.