In applying the modified categorical approach to assess an alien’s conviction, it is proper to consider the contents of police reports as part of the record of conviction if they were specifically incorporated into the guilty plea or were admitted by the alien during the criminal proceedings.
Convictions of violence and battery charges in those applying for immigration petitions
Filed under: conviction | Tagged: alien's conviction, crime involving moral turpitude, criminal, criminal immigration, criminal lawyer, criminal relief, deportation attorney |
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 
Yes, it would be a presidential pardon if it is a federal crime.
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Hello Mr. Lerner,
After your response about doing a Pardon to the Governor of Alaska for the specified amount of $4,500.00US I was pretty happy to hear that there was a chance for me, But I kept asking around and got this response from another attorney. I would like your thoughts on this response and what other ideas you may suggest on going back to Alaska? Please read below.
Answers (1)
Attorney Jeffrey Alan Lustick
Posted 6 days ago. This attorney is licensed in Washington.
Did you plead to a charge in Federal Court? If that’s what happened, then it’s not the Governor of your state that you need to petition, it’s the President of the United States. A state Governor has authority only under state law, not federal law.
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EXECUTIVE CLEMENCY IN ALASKA
I HAVE THE INFORMATIONAL BOOKLET FOR PROSPECTIVE APPLICANTS. NUMBER 4 IS WHAT I AM TALKING ABOUT, PLEASE READ BELOW.
Reasons for Clemency Inegibility.
1. Applycation is not complete.
2. Applicant refuses to sign waiver for obtaining all personal/ confidential documents.
3. Determination by board staff or ECAC that ¨exceptional circumstances ¨ do not exist.
4. Crime for which applicant seeks clemency is not a state crime (Thus Governor has no clemency authority)-(Federal offences, municipal offences, or infractions in a state other than Alaska are not eligible).
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Understood! I will start with getting the funds together and contact you when I´m half way there.. Thanks again..
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Hello:
It is always difficult to get a Pardon approved, but without trying you have zero chance. It is hard to say which is easier. Both are difficult. It is your call. Once my firm is retained, you will get a list of everything we need. The cost covers everything in attorney fees for my firm to prepare the Pardon Petition.
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Thank you for responding with the retainer information.
1. What does this retainer cover and what are my chances of getting a pardon?
2. Would the filing of a motion to criminal relief to vacate the crime be easier than a Pardon and what is the retainer for that.
3. What will you be needing from me aside from the deposit of the $2000,00US?
Thanks for your time, I await your response.
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Hello:
For my firm to prepare a Pardon Petition, we charge $4,500 attorney fees. We would need $2,000 down and the balance can be paid monthly. You can either go online to californiaimmigration.us to pay the fee, or you can call my office with credit, check, or bank transfer if you like. The moment we receive the down payment, we will get started.
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Thank you Mr. Lerner,
How do we get started and what is your retainer fee?
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You are considered to be an aggravated felon and can never return as an immigrant. However, there is a nonimmigrant waiver available (although not easy to get.) Also, you might consider a Full and Unconditional Pardon from the governor, or possibly doing criminal relief to vacate the crime.
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I´m from Dom. Rep. and I was a permanent resident for over 10 years, I got in trouble with the Fed law enforcement in Alaska in 1997 and plead guilty to distrubution of a controlled substance, (Cocaine). My sentence was 5 years I try to fight my deportation order by requesting cancelation of removal but failed. I was deported in Dec. 2002. Is there a non imigrant waiver avilable that I can file so I can go back an see my family? One other question, how do I find out how long I was barred for from returning to the U.S?
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