In 2007 I have been convicted of a 3rd degree burglary, I went to prison and got out in 2010. In 2012 after an argument with my father he decided to call immigration and lied by saying that I was dangerous and violent and that they were scared of me so they decided to investigate and discovered that I had a felony in 2007. They came and got me from my house in 2012 and put me in removal proceeding. My embassy knowing my father political involvement in my country of origin they refused to issue a travel document. I have been out of custody since 2013.
If you have defenses to your 2007 conviction, you should discuss them with a criminal defense attorney. Generally the state statutes relating to post conviction relief are very limited and have strict timing requirements.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Did you plead guilty or were you found guilty? In either case, you have a long uphill battle to get your conviction overturned. Another option is a pardon from the governor, but with your father's report, that too is very unlikely.
The felony conviction makes you deportable even if it is later expunged. If overturned, that may only get you a new trial. That is a question for an Alabama criminal attorney (assuming the crime occurred in Alabama) not an immigration attorney. You might be able to apply for Asylum or Withholding of Removal based on political opinion and your own country's admission that you cannot return. Asylum may be harder since you could be ineligible for it based on the 2007 conviction. Withholding may be your only option, but the standard of proof required is quite high. To see if you might qualify, please consult with an immigration attorney after you speak with a criminal attorney about possible post conviction relief.
I am only licensed in Mississippi. By answering this question, we have not entered into an attorney-client relationship nor am I your lawyer. The advice I give in this forum is general in nature and you should consult with an attorney privately before relying on any advice provided in this forum.
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