Asked 9/13/2010
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Post Conviction Relief What is a Post Conviction Relief? I was convited of a gross measdermeanor 14 years ago. And found guilty of this charge. I did. My time. Now I want to fix my immigration status and my immigration attorney told me that I have to get this before. Starting my immigration process. Within immigartion law u are found unadmisible if you were convicted of any crime where you sentence was more that 1 year and 1 day of jail time. What exactly a post conviction relief is? Any help? Please! |
Answer 1/1 - Submitted 9/13/2010
Post Conviction Relief is going back into court after you've been found guilty, mostly on appeal right after your found guilty and you seek relief. Such as, a retrial, withdraw your plea, whatever grounds your using to get the guilty verdict overturned. Its been quite a few years since your conviction, the time limits have come and gone for the most part. But look at this, the misdemeanor you was found guilty of does not carry more then a years, and the rules of immigration and their years and a day policy is for felonies, not misdemeanors. You might want to get another attorney, one more up on the law and your case file. I hope this helps? Good luck.
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