CRIMINAL RELIEF

There are numerous crimes which can make a non-citizen inadmissible or removable. However, the immigration consequences of criminal convictions can be eliminated through an array of post-conviction remedies.

Examples of criminal relief include: reducing a felony to a misdemeanor; reducing a misdemeanor to an infraction; reducing a 365-day or more sentence into a 364-day sentence to avoid an aggravated felony; a motion to vacate the judgment; a writ of habeas corpus; and a writ of error coram nobis. If a case falls under the jurisdiction of the Ninth Circuit, an expungement can be sought for first-offense simple possession and other minor first-offense controlled substances that are more minor than simple possession. Additionally, a conviction can be eliminated for immigration purposes if the noncitizen is granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several states.

Since each case is different, it is important to seek the advice of an experienced immigration attorney to evaluate the case to determine the appropriate type of post-conviction relief to seek in order to eliminate any negative immigration consequences.