How Post-Conviction Relief for Immigration Cases Can Save Your Future

Facing deportation or denial of a visa because of an old conviction can be devastating — especially if you’ve built a life, family, and career in the United States. For many immigrants, these convictions feel like a permanent barrier. However, post-conviction relief for immigration cases can be the legal key to unlocking a second chance.

Why post-conviction relief for immigration cases matters

Post-conviction relief is a legal process that allows you to challenge or overturn a past criminal conviction after the original judgment has been entered. This is especially powerful in immigration cases because certain convictions — even minor ones from decades ago — can trigger deportation proceedings, block green card applications, or prevent naturalization.

For immigrants, the stakes are even higher. U.S. immigration law is strict about “crimes involving moral turpitude,” drug-related offenses, and certain felonies. But if the original conviction was entered without proper legal counsel, based on incomplete evidence, or under constitutional violations, it may be possible to have it vacated or modified. Once that happens, the immigration consequences tied to that conviction can also be removed.

How post-conviction relief for immigration cases work

The process typically starts with a detailed review of your criminal and immigration records. An experienced immigration attorney — especially one trained in both criminal defense and immigration law — can identify legal errors, procedural mistakes, or violations of your rights in the original case.

In California, for example, Penal Code §1473.7 specifically allows non-citizens to challenge convictions if they were not properly advised about the immigration consequences of their plea. If successful, the conviction may be vacated, reduced, or reclassified in a way that no longer triggers immigration penalties.

This means that a green card application that once seemed impossible could be reopened. Deportation proceedings could be terminated. Work visas that were previously denied could be reconsidered.

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The benefits of acting quickly

Time matters in post-conviction relief for immigration cases. If you wait too long, important evidence or witnesses may no longer be available. In some cases, there are statutory deadlines to file a motion, especially if you are already in removal proceedings.

Acting promptly also allows your immigration attorney to coordinate the criminal and immigration strategies at the same time — ensuring that a vacated conviction is recognized by USCIS or the immigration court before they make a final decision in your case.

Take control of your future

If you are facing deportation or have had immigration benefits denied because of a criminal conviction, don’t assume it’s the end of the road. Post-conviction relief for immigration cases can restore eligibility for visas, green cards, and even U.S. citizenship.

At Shan Potts Law Offices, we have nearly 30 years of experience helping clients overturn wrongful convictions and rebuild their immigration opportunities. We know the law, we understand the stakes, and we fight for every possible route to keep you in the country you call home.

Contact Shan Potts Law Offices NOW to resolve your immigration case!