Understanding How Post-Criminal Remedies Can Help with Immigration Issues
In an age of heightened immigration enforcement, post-criminal remedies can help secure immigration status for those facing deportation. This could be the solution you’ve sought to resolve your immigration issue! After all, what’s better than a positive outcome based on the work of experienced attorneys?
In this article, we’ll explore post-criminal remedies and how they can help with immigration issues by looking at the types of remedies available and their potential benefits. So, read on to discover if a post-criminal remedy could be the answer you’ve been searching for!
What are post-criminal remedies?
Post-criminal remedies are any legal processes an individual can use to reduce or remove the consequences of a criminal conviction. To make this even clearer:
Post-criminal remedies generally involve the sealing, expunging, or overturning records (via pardons and certificates of rehabilitation) that may have barred individuals from certain benefits (like immigration status).
The potential result of using a post-criminal remedy is the removal of legal impediments that could prevent them from pursuing immigration status.
Types of Post-Criminal Remedies Available for Immigration Issues
Now that you know what post-criminal remedies are, let’s look at the types available to help with immigration issues:
Expungement and sealing records is a process that can help limit access to criminal records. While not all states allow expungements, those that do have certain requirements for the individual (like the completion of probation).
Once an expungement or sealing of records has been granted, an individual’s criminal record can no longer be used against them. In other words, it could potentially help them overcome certain immigration issues they’re facing.
Governors’ pardons and certificates of rehabilitation
Another available post-criminal remedy is a pardon or certificate of rehabilitation. This process involves applying to the state governor, where an individual was convicted for a pardon and certificate of rehabilitation.
It’s important to keep in mind that governors have their criteria for granting pardons, so it’s wise to check with your lawyer about what options you may have. Generally speaking, if granted, these forms of post-criminal remedies could help an individual overcome certain immigration issues.
Cancellation of removal and adjustment of status
The final form of post-criminal remedy is the cancellation of removal and adjustment of status. This could potentially be an option for those who have been convicted of certain criminal offenses but maintain a valid immigration status (like legal permanent residents).
Cancellation of removal or adjusting one’s status allows them to remain in the US and potentially continue their path to becoming a citizen. Again, speaking with an experienced immigration attorney is recommended for those seeking this post-criminal remedy.
Benefits of Utilizing Post-Criminal Remedies for Immigration Issues
Now that you understand the types of post-criminal remedies available. Let’s explore the potential benefits of utilizing them for immigration issues:
Improved chance of obtaining legal residency
Using a post-criminal remedy could potentially improve an individual’s chance of obtaining legal residency. This is because a successful expungement or pardon eliminates criminal convictions from their record, which can be seen as a positive by the U.S. Citizenship and Immigration Services (USCIS).
Potentially avoiding detention and deportation
Another possible benefit of utilizing post-criminal remedies is potentially avoiding detention and deportation. This is because criminal convictions can lead to inadmissibility or removal, requiring an individual to leave the US.
However, successful post-criminal remedies could potentially prevent this from occurring if the offense and punishment did not involve moral turpitude or drugs. So if you have a criminal conviction on your records and are facing immigration issues, it’s worth looking into post-criminal remedies.
Clearing the path to a naturalization process
The last potential benefit of post-criminal remedies is clearing the path to a naturalization process. This means that if an individual successfully expunges or seals their record, it could make it easier for them to apply for citizenship through naturalization.
A criminal conviction on an individual’s record can be seen as a barrier to obtaining naturalization. So being able to expunge or seal such convictions could make the process smoother and potentially increase your chances of success.
Post-criminal remedies are a great way to approach any immigration issues. Post-criminal relief is about getting the best possible outcome for both parties involved. From waivers and appeals to reinstatement and cancellation of removal, many options are available to provide relief from deportation.
Understanding the different types of post-criminal remedies and how they work is essential when dealing with immigration issues. With the right legal guidance, you can ensure that your best interests are taken care of while meeting the requirements imposed by law.
Neda Zaman Esq.
Immigration Attorney in Encino, Los Angeles
Services in English, Farsi, Arabic, Armenian, Turkish
Address: 16633 Ventura Blvd suite 510, Encino, CA 91436
Phone: +1(310)855-0992 | +1(818)290-3625