People who are in the U.S. on visas must ensure that they don’t get into legal trouble. Being convicted of a crime can lead to deportation, ineligibility for certain visas and denial of re-entry into the country. All of these can mean that they can’t live the life they want to live in this country.
In some cases, post-conviction relief can provide immigrations who are convicted of a criminal charge with an opportunity to remain in the country. This is typically possible only if the person successfully completes the sentence imposed by the court. In limited cases, it’s possible to have this type of relief before the sentence is completed. This is typically only possible if there’s a legal flaw or procedural error that occurs during the case.
What is post-conviction relief?
Post-conviction relief is the legal process of challenging or modifying a criminal conviction. Some of these cases involve reducing the charges, vacating a conviction or modifying a sentence. These can sometimes reduce the severity of the conviction enough that the person won’t experience negative immigration consequences.
Immigration cases can move forward while the criminal matters are pending, so timing of the post-conviction relief is critical. Ideally, the post-conviction relief will be finalized before the immigration process is completed.
Immigrants who have been convicted of criminal charges could face deportation. Some immigrants who want to remain in the U.S. may want to explore their options for post-conviction relief to determine if it may assist them in remaining legally in this country. Having experienced legal guidance can be beneficial for these individuals.