Importance of second chances in our justice system
Second chances after a conviction: immigration strategies that still work
A past conviction can trigger deportability, inadmissibility, or blocked benefits. However, many clients still win status using post-conviction relief, targeted waivers, or motions to reopen. We audit both the criminal record and the immigration record to find the cleanest path forward.
The two tracks (fix the record vs. win relief)
Track 1 — Fix the criminal record (post-conviction):
Legal vacatur for constitutional/plea defects (e.g., Padilla error, involuntary plea, lack of advisals).
Withdraw and re-plead to an immigration-safe subsection or sentence.
State or gubernatorial pardon (powerful for some grounds).
Consequently, removability may disappear—or relief becomes available.
Track 2 — Win immigration relief anyway:
Cancellation of removal (LPR or non-LPR) if you meet residence, good moral character, and hardship rules.
§212(h) waiver for certain CIMTs or a single old <30g marijuana possession.
§237(a)(1)(H) for certain misrepresentation tied to adjustment.
Asylum/withholding/CAT where return is dangerous (rules vary with crimes).
Legacy §212(c) for qualifying pre-4/1/1997 pleas.
What counts as a “real” post-conviction win
A legal (not rehabilitative) vacatur based on a defect in the case usually erases immigration effect.
Sentence-only reductions may help when a 365-day threshold creates an aggravated felony/CIMT issue.
Record sealing/expungement for rehabilitation usually doesn’t help by itself. Therefore, we target substantive defects.
Categorical approach (how we dissect the statute)
We compare the minimum conduct of your statute to the immigration ground using the categorical (or modified categorical) approach. As a result, overbroad or divisible statutes can defeat removability or narrow the charge.
Evidence & documents checklist
Criminal file: complaint/indictment, plea form, transcript, minute orders, judgment & sentence, probation terms, police report.
Immigration file: I-94s, visas, approvals, NTAs, prior removal orders, country of chargeability.
Hardship records (family, medical, financial, school) for cancellation/waivers.
Rehabilitation: treatment, certificates, employment, community ties.
Practical strategies that often work
Negotiate re-plea to a non-removable subsection or under-365-day sentence.
Time the filing: obtain vacatur before the immigration final order when possible; if after, file a motion to reopen with the new judgment.
Document equities early (work history, dependents, taxes), because therefore discretionary relief hinges on credibility and hardship.
FAQs
Is any felony an aggravated felony?
No. It’s a term of art. We compare your exact statute and sentence to the INA list.
Does expungement fix immigration problems?
Usually not—unless it’s a legal vacatur for a defect, or your state’s action clearly eliminates the conviction for immigration purposes.
What if I already have a removal order?
We can pursue post-conviction relief and then file a motion to reopen based on the new court outcome.
Can a pardon help?
Sometimes. However, it depends on the ground of removability; we evaluate whether a state/federal pardon cures it.
How we help
First, we obtain the record of conviction and map deportability using the categorical approach. Next, we pursue post-conviction fixes or build cancellation/waiver/protection claims. Then, we file motions, defend in court, and coordinate with criminal counsel. Finally, we clean up records so you can pursue future benefits safely.
Need a second chance after a conviction? Schedule a consultation or call (562) 495-0554.
Disclaimer: General information, not legal advice. Outcomes turn on your exact statute, sentence, and immigration history.
Convicted offender gets another chance. Person lost in Immigration Court and BIA case went up to the Circuit Court of Appeal. Most trusted cons serve their sentences under “community supervision” at home instead of in prison. A second chance does not negate the severity of an offense. Rather, it affirms a person’s value as more than the sum of their choices. Our criminal justice system should promote both accountability and redemption, which necessitates second chances for individuals with a criminal record. Today, these individuals face significant societal and legal barriers to becoming productive members of our communities. By ensuring individuals with a criminal record have the opportunity for a true second chance, we can improve public safety, strengthen families, and grow our economy.
