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  • post conviction relief

    My application for permanent residence (after marrying US citizen)was turned down due to drug conviction that included 2 charges. I will apply for post conviction relief as I wasn't advised of any immigration consequences at the time that I pled no contest, 10 years ago. I understand that there needs to be a real threat of deportation. I have been waiting a year since my application was denied and have heard nothing. Meantime I have no work permit and can't pay my child support , surely there should be some other reasons to initiate post conviction relief, maybe relating to the predudice we encounter that should allow the post conviction relief instead of having to wait for the deportation court. Is it enough to have had my application for permanent residence denied or do I actually have to wait for the deportaion court to commence their proceedings?

  • #2
    My application for permanent residence (after marrying US citizen)was turned down due to drug conviction that included 2 charges. I will apply for post conviction relief as I wasn't advised of any immigration consequences at the time that I pled no contest, 10 years ago. I understand that there needs to be a real threat of deportation. I have been waiting a year since my application was denied and have heard nothing. Meantime I have no work permit and can't pay my child support , surely there should be some other reasons to initiate post conviction relief, maybe relating to the predudice we encounter that should allow the post conviction relief instead of having to wait for the deportation court. Is it enough to have had my application for permanent residence denied or do I actually have to wait for the deportaion court to commence their proceedings?

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    • #3
      Excellent ! I am happy that immigration has done its job for once; I just don't know why this joker isn't put onto the next plane to Abu Gharib

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      • #4
        That wasn't very nice or helpful Michael! I am really just looking for info on the post conviction relief - if anyone knows anything. My conviction was for a v.small amount of maryjuana and the paraphenalia constitutes a second charge. My husbands petition for me was approved but my waiver for the criminal charge denied. Immigration seem to be doing nothing after denying my application. Does anyone know how long it takes them to send a letter saying depotation proceedings have been started?

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        • #5
          Alexandra you can also request to be put in deportation proceedings but drug charges are an aggravated felony.

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          • #6
            They said the initial drug charge because it was a small amount would have been OK but you can't have 2 chrages. The paraphenalia made a second charge. Anyway apparently post conviction relief would be in order but I just wonder if I can apply now for the psot conviction relief or if I have to wait for deportation proceedings to begin?

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