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 defendant's conviction;
  • 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 waiver and avoid deportation 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 deportation.

Contact a New Jersey criminal immigration lawyer today.

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