What happens when someone has a conviction for a crime that makes them inadmissible or deportable and relief is not available? Is the person out of options? Again, the answer to this question depends. In some cases, the person might be able to use post-conviction relief to help them in their immigration case.
Post-conviction relief is a request that is made to the court where the conviction was entered to vacate, set aside, or correct a judgment or sentence. The process in each state and in federal court will vary. In Florida, a person has 2 years after losing their appeal to file their request for post-conviction relief, except in 4 instances.
If a person with a criminal conviction that is facing immigration consequences because of the conviction, files a request with the court of conviction to vacate, set aside, or correct the judgment or sentence and the court grants the request, the person may then be able to use this in their immigration case. A careful review of the record of conviction and what happened during the criminal case will be necessary to determine if a request for post-conviction relief is available.
Any person that has been convicted of, admitted to, or is known to have committed a crime that could make them inadmissible or deportable, should meet with an attorney to determine if there is any relief, including post-conviction relief, available to the person.
Contact Attorney Evelyn today to discuss any immigration issues you may be experiencing.