Knowledgeable San Jose Immigration Attorney
Non-U.S. citizens who are convicted of a crime can be removed from the country, making them unable to attain legal residency or citizenship. Post-conviction relief is the process whereby a conviction is contested, reduced, or vacated afterwards which can allow the non-citizen to stay in the country. The process of post-conviction relief can be complex and costly, so speak with a trained San Jose immigration attorney to explore your options if you have been convicted of a crime.
The Law Offices of Daniel Shanfield—Immigration Defense, PC focuses exclusively on immigration law and helping clients achieve their goals in obtaining visas, fighting deportation, or other immigration needs. Our firm boasts a perfect 10.0 Superb rating from Avvo and is accredited by the Better Business Bureau thanks to our unfailing commitment to meeting client needs and obtaining consistent successes on their behalf.
What types of relief are available?
Post-conviction relief can make your conviction disappear as far as immigration authorities are concerned. This is more likely if you were convicted of an offense or pled guilty due to ineffective assistance of counsel or were not properly informed of the potential immigration consequences of a conviction.
Common forms of post-conviction relief include:
- A motion for re-sentencing
- A motion to overturn the conviction based on ineffective assistance of counsel
- A habeas corpus petition
- Reducing your conviction from a felony to a misdemeanor
- A motion to withdraw a guilty or no-contest plea because the court did not advise you of the consequences
Many of these grounds for relief have certain deadlines which means you should speak with our San Jose immigration lawyer to determine if you are eligible and how to pursue relief.
Fighting Deportation for You
Our firm can identify any defects in the legal process when you were convicted, whether no translation service was available, you were mentally incapacitated, or were unaware you could be deported by pleading guilty. We can file for any of the above motions in order to put a stop to the removal proceedings.
We can consult with you over the phone or via Skype to listen to your case and offer quality advice!