Criminal Defense of Immigrants


§ 11.46 b. The Criminal Situation

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The criminal situation involves several important considerations.  First, a minor crime with serious immigration consequences creates a favorable equity for the client.  Second, the smaller the changes in the criminal history that are necessary to resolve the immigration problem, the greater the chances of obtaining them.  Third, the greater the errors in the criminal case, the greater the chances of altering the conviction and sentence as needed.


                It will be necessary to consult a lawyer experienced in post-conviction work in order to get a definitive reading on these factors in any individual case, but the presence or absence of many of them can become apparent after interviewing the client and reviewing the client’s criminal history report.