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Recently, many immigrants have discovered that their biggest problem is not the criminal case itself, but the immigration consequences that appear years later.
A guilty plea that seemed minor at the time can lead to serious immigration consequences, including:
In certain circumstances, it may be possible to seek post-conviction relief by filing a Motion to Withdraw a Guilty Plea or pursuing other legal remedies.
However, many people underestimate how complex these cases can be.
When facing criminal charges, most defendants focus on avoiding jail time and resolving the case as quickly as possible.
What many non-citizens do not realize is that a criminal conviction can have long-lasting immigration consequences.
A conviction may affect:
In many cases, individuals do not discover the full impact of a conviction until years later when applying for immigration benefits or receiving notices from immigration authorities.
Every case is unique, but courts may consider factors such as:
Even when one or more of these factors exist, it does not automatically mean a court will grant relief.
Many people assume that if a guilty plea is now causing immigration problems, the court will simply allow it to be withdrawn.
Unfortunately, it is rarely that simple.
Motions to Withdraw Guilty Pleas are often highly complex post-conviction proceedings.
Courts do not automatically vacate convictions simply because a defendant is now facing deportation, a denied green card application, or other immigration consequences.
Instead, the burden is generally on the applicant to present legally sufficient grounds supported by evidence.
This often requires reviewing:
Older cases can be particularly challenging.
In cases that are ten, fifteen, or even twenty years old, attorneys often encounter obstacles such as:
As a result, even severe immigration consequences do not guarantee that a court will grant relief.
One of the most common misconceptions is that explaining the hardship caused by a conviction will be enough to persuade a judge.
Clients often say:
"If the judge knew I am facing deportation, they would understand."
"I never knew this plea would affect my green card."
"If I can explain my situation, the court will give me another chance."
Unfortunately, that is not how the legal system works.
Courts are not tasked with deciding how sorry someone feels or how difficult their current circumstances may be.
Courts look at evidence.
No matter how compelling the explanation may be, and no matter how serious the immigration consequences have become, courts generally require objective evidence and legal support.
Examples may include:
The critical question is not whether someone regrets the plea today.
The critical question is whether the evidence demonstrates that there was a legal problem with the plea process when it occurred.
Many people see the final motion filed with the court and assume the process simply involves drafting legal paperwork.
In reality, much of the work occurs long before a motion is ever filed.
Attorneys often spend substantial time:
In some cases, attorneys must review hundreds or even thousands of pages of records to identify issues that may justify post-conviction relief.
A successful motion may require dozens or even hundreds of hours of investigation, legal research, analysis, and preparation.
These cases are rarely simple and often require a high level of legal experience and strategic planning.
One of the greatest challenges in these cases is that they involve both criminal law and immigration law.
Many criminal defense attorneys understand the criminal side of a case but may not fully understand the immigration consequences.
Likewise, many immigration attorneys understand deportation risks but may not be experienced in challenging prior criminal convictions.
Successful representation often requires careful analysis of:
For this reason, collaboration between criminal defense attorneys and immigration attorneys is often critical.
Before evaluating a case, an attorney will typically request:
The attorney will also want to know:
We often tell clients:
"The immigration problem is the consequence. The criminal case is usually where the solution begins."
Many people do not seek legal advice until they receive a Notice to Appear (NTA) or learn that a conviction is affecting their immigration status.
However, the real issue often traces back to a plea agreement signed years—or even decades—earlier.
The sooner a case is reviewed, the more options may be available.
Even if a criminal case has been closed for many years, legal remedies may still exist in certain circumstances.
"I personally was recommended to Sanford Perliss. My situation was dire. After our first meeting I Immediately felt relieved, I knew I was in good hands. He handled the case diligently and with the utmost professionalism. I don't know where I would be without the help of this man. Thank you Sandy, I will recommend you to anybody I know."
"I can’t thank Perliss Law Firm enough for their outstanding representation. I felt confident I was in good hands from the moment I walked into their office. They explained every step of the process regarding my case and made sure I was fully informed about my options. Perliss Law Firm is professional and cares greatly about their clients. Highly recommend!"
"Perliss Law Firm’s attorneys are extremely experienced and skilled。 They treated me with respect and were always available to answer any questions I had. I am extremely grateful and would recommend their firm if you’re looking for a dedicated and trustworthy defense team."
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