Post Conviction Relief for Immigrants
New Jersey Immigration Lawyer Fighting for You
Lawful Permanent Residents that have been convicted of a serious crime
are at risk of being deported from the United States and banned from ever
coming back. Illegal immigrant and non-immigrant Visa holders may be precluded
from ever getting a
Green Card, and may be detained by the Immigration & Customs Enforcement (ICE) agents.
If a Notice To Appear was served to you by the Federal Government because
you plead guilty to a crime, you need to speak with a
New Jersey Immigration Attorney as soon as possible. I am admitted to practice law in New Jersey and New
York, including the U.S. Court of Appeals for the Second and Third Circuit.
I have experience handling cases involving ineffective assistance of counsel
based on the
Padilla case, and I work hard for my clients to avoid that they get deported from
the United States
Reopening Criminal Cases
In New Jersey, a petition for Post Conviction Relief (PCR) can be filed
within 5 years of the original convictions.
A conviction may be vacated for many reasons, including:
- Substantial denial in the conviction procees of defendant's rights
under the state or U.S. Constitution
- Lack of jurisdiction of the court to impose the judgment rendered upon
- Imposition of sentence in excess of or otherwise not in accordance with
the sentence authorized by law.
Under Federal immigration law, a crime is considered an "Aggravated
Felony" if it involves fraud, intent to procure serious bodily injuries,
possession of a weapon, or possession of a controlled substance,
and the Court imposed a sentence of incarceration of 1 year or more. There
is no waiver available for an immigrant convicted of an Aggravated Felony,
and the exceptions to this rule are very limited.
Defense for Charges of Moral Turpitude
Generally speaking, a "Crime Involving Moral Turpitude" (CIMT)
is a crime whose essential elements involve fraud, larceny, or the intent
to harm persons or things. A conviction can be considered a crime involving
moral turpitude even if the Court did not impose a term of incarceration,
and even if it is a conviction from a Municipal Court.
An immigrant convicted of a Crime Involving Moral Turpitude may be able
to apply for a
only in limited cases.
The United States Supreme Court has stated that an immigrant has Sixth
Amendment right of being advised of the consequences that a guilty plea
can have on his or her immigration status. Get in touch with my firm and
I can push for a petition for Post-Conviction Relief to protect you from
Contact a New Jersey criminal immigration lawyer today.