How do i get a pardon after deportation?

Asked almost 4 years ago - Yonkers, NY

i got deported from the u.s three months ago.My sentence in jail was 16 months for a robbery in the third degree and attempted robbery in the third degree non violent felonies.I was in the united states since 1987 i had a petition approved from inmigration since 2005 but never got the chance to get legal status.My parents are permanent residents and i got a sister born in the united states.Also my father is very sick his diabetic and gets dialisys three times a week.My deportaion papers says i can never come back to the u.s because of the crime i commited.My question is do i have a chance to come back to the u.s legally anytime soon by being pardon before something tragic happens to my dad? or theres no way to come back?

Attorney answers (1)

  1. Christopher Jude Pelli

    Contributor Level 14

    Answered . Your question, along with your situation is a very difficult one. The only way to receive a pardon is to request one from the head of the particular government under which you were convicted. That is, if you were convicted of a state crime, then you must request a pardon from that state's Govenor. If it was a federal crime, then you must request the pardon from the President of the United States. In general, pardons are VERY hard to get, and VERY rarely given.

    There may be an easier way. That is to get the conviction "expunged". For example, in New York, where I practice, sometimes you can bring an action called a post-conviction motion pursuant to NYS CPL §440, in the Court in which you were sentenced, asking for the conviction to be "set aside". If you were successful with this type of motion, you may be able to petition for re-entry into the U.S. based upon the fact that reason for your deportation no longer exists.

    Hope this helps. Best of luck.

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