Chicago Immigration Attorney



post conviction relief


There are times when there is no relief from the immigration consequences of a person’s criminal history except for what is known as post conviction relief, or PCR. This involves going to the criminal court and seeking to reopen the case.


Expungement is a form of post conviction relief, but it does normally remove the immigration consequences of a crime. Post conviction relief in the immigration context can be very complicated. If a conviction is not vacated in the correct way, then the immigration consequence of the conviction may remain. Special care needs to be taken before pursuing post conviction relief, because the result of reopening a case is that the defendant may again face the original charge – even if they have already completed their sentence!


Post conviction relief is subject to time and other limits, and it may not always be possible, but it should be explored whenever a criminal conviction stands in the way of an immigration benefit.


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