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Criminal Convictions and Immigration

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Posted about 3 years ago. Applies to California, 0 helpful votes, 1 comment

For many intending immigrants, having a criminal conviction in the past can hinder their expectations of eligibility for many forms of immigration benefits. However, there is hope! You can petition the court to vacate the conviction or modifying the sentence so it is acceptable to USCIS.

How to Vacate a Criminal Conviction

Seek the assistance of an experienced attorney to review your criminal background. Fingerprints are the beginning of any matter, to ensure that all criminal arrests and convictions are known. Depending on the immigration relief you are trying to obtain, a misdemeanor conviction may be acceptable. On the other hand, some immigration benefits will not allow two. Therfore, an experienced immigration attorney will be able to advise you on your options once all criminal court dispositions are reviewed. 818-956-1206 If you are seeking an immigration benefit and you have a criminal history: 1) Take your fingerprints 2) Obtain a court docket or criminal court disposition for each arrest or conviction 3) Review it with an immigration attorney 4) Futher documents may be necessary to pull from the court file 5) File a Motion to Vacate or Motion to Modify a Sentence through an experienced attorney 6) File an expungement of your case (dismissal)

How to Modify a Criminal Conviction

In many cases, a criminal conviction can be reduced. For example, in drug convictions. There is a big difference in immigration law between a conviction of possession of drugs for sale or for personal use. In instances where the final conviction was for sale, it is possible to have the conviction re-classified or modified to possession only. In immigration, this conviction can benefit from an expungement (dismissal upon completion of probation). This simple modification allows for eligibility of relief from deportation.