Post-Conviction Relief for Immigrants

After deportation has occurred, it becomes far more difficult to arrange lawful re-entry into the United States for the client.  If s/he re-enters illegally, aside from the criminal exposure s/he faces for the federal offense of illegal re-entry after deportation, the federal courts and immigration courts frequently regard him or her as having forfeited any right to regain lawful status in the United States.

            If the client has not re-entered illegally, however, it may be possible to establish that the deportation was not lawfully accomplished, and to obtain a court order allowing the noncitizen to re-enter the United States legally for this reason.  In addition, under some circumstances, if the problematic criminal history has been eliminated after deportation by means of post-conviction relief, it may be possible for the client to re-immigrate into the United States by means of consular processing. 

            A temporary, non-immigrant visit may also be possible if a waiver of any remaining grounds of inadmissibility can be arranged through consular authorities.  It is far easier to obtain a temporary waiver for this purpose than to immigrate again as a lawful permanent resident.