Miami Post Conviction Relief Immigration Lawyer
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Your past doesn’t have to define your future.
Working With a Miami Post-Conviction Relief Lawyer to Protect Your Rights
A criminal conviction can change your immigration case overnight. For immigrants in Miami, Florida, a guilty plea or criminal record can trigger removal, bar you from a green card, or block your path to citizenship. The stakes are high, and post-conviction motions are often an individual’s last opportunity to seek relief from a judgment and sentence entered by the trial court.
The Law Office of Tatiane M. Silva, P.A., helps immigrants in Miami and across the US.address how criminal records affect their immigration status.
Immigrants might not know that a conviction — even an old one — can be used against them in removal proceedings. A plea that seemed minor at the time may now carry serious immigration consequences. Under US immigration law, certain crimes are grounds for deportation or make a person inadmissible.
That means a single conviction can end years of lawful status.
However, a post-conviction relief may undo or reduce the impact of a criminal conviction on your immigration case. This can include motions to vacate a plea, appeals, or sentence modifications. Not every case qualifies, and outcomes depend on the facts.
But when the original plea was entered without proper advice about immigration consequences, relief may be possible. A Miami post-conviction relief immigration lawyer works to challenge those convictions and protect your right to stay in the United States.
What a Miami Post Conviction Relief Immigration Lawyer Does for You
A criminal record can follow you into every immigration case you face. At The Law Office of Tatiane M. Silva, P.A., we can look at how your conviction affects your immigration status, and we act on what we find.
We start with a full review of your case. That means looking at the original charge, the plea, and the sentence. We check whether you had proper legal advice at the time. Many people were never warned that pleading guilty could lead to deportation. That gap in counsel matters. It can open the door to relief.
Post-conviction relief in the immigration context often begins with the criminal record. We work with criminal courts in Miami-Dade County to explore options such as vacating a plea or modifying a sentence. When those changes occur, they can shift the immigration outcome as well.
A Rule 3.850 motion should generally be filed within two (2) years of the conviction, subject to a few narrow exceptions. However, relief under a Rule 3.800 motion is not limited to the same 2-year rule imposed in Rule 3.850 motions, and thus can serve as an excellent alternative to vacating a sentence and conviction.
We can also file motions to reopen with the immigration court or USCIS. If your removal order was based on a conviction that has since changed, you may have grounds to challenge it. Our team knows how to build that argument and present it clearly.
Some clients come to us mid-removal. Others come years after a conviction. Both paths have options. We match the right legal tool to your specific facts, whether that’s a motion, a waiver, or a reopened case.
Every step we take is focused on one goal: protecting your right to stay in the US.
Why The Law Office of Tatiane M. Silva, P.A. Stands Apart
Post-conviction relief cases sit at a dangerous crossroads of immigration law. You need a lawyer who knows both worlds. At The Law Office of Tatiane M. Silva, P.A., we bring focused, case-specific experience to every client we serve in Miami and nationwide.
Experience in Removal Defense
Attorney Tatiane M. Silva has a record of dedicated representation in hard cases. That includes dismissed removal orders, reopened denials, and overturned decisions at both USCIS and the Immigration Court. These are prior case experience — not vague claims.
Focused Practice in Family-Based Immigration and Humanitarian Relief
Our firm focuses on the areas most likely to affect your immigration status after a conviction. That means removal defense, VAWA, SIJS, waivers, and family-based immigration. We do not spread thin across unrelated fields. Your case gets full attention.
Motions to Reopen and Reconsider — Inside and Out
Many lawyers avoid post-conviction relief because it is complex. We do not. Tatiane M. Silva handles motions to reopen and reconsider at both USCIS and the Immigration Court. We know the deadlines, the standards, and the strategy. We build each motion from scratch — no templates.
Nationwide Federal Practice Based in Miami
Our office sits at 66 W. Flagler Street in Miami, FL. But our federal immigration practice reaches every state. Whether your removal case is pending in Florida or another jurisdiction, we can help. Immigration law is federal, and we practice it that way.
Free Consultations to Review Your Case Honestly
Every case starts with an honest conversation. We offer free initial consultations so you can share your situation without pressure. We are ready to discuss what your options may be, what the risks look like, and what steps make sense. No false promises. Just clear guidance from day one.
Your Post-Conviction Relief Case: Step by Step
Post-conviction relief in immigration cases moves through several distinct stages. Each step has its own filing rules, deadlines, and courts, and knowing what to expect can reduce a lot of stress.
Stage 1: Case Review and Strategy (Weeks 1–2)
Your first job is to gather your documents. Bring any court records, immigration notices, prior attorney letters, and notices to appear. We review every detail of your criminal case and immigration history.
Florida state court records are often pulled from the Miami-Dade County Clerk of Courts. This review shapes the entire strategy going forward.
Stage 2: Filing the Post-Conviction Motion (Weeks 3–8)
This is where the legal work begins in earnest. In Florida, a motion to vacate or motion to withdraw a guilty plea is filed in the state court where the conviction happened — often the Miami-Dade Circuit Court. The legal basis is usually ineffective assistance of counsel established under Padilla v. Kentucky, which requires defense attorneys to warn clients of immigration consequences before a plea. We draft and file the motion. You wait for a hearing date.
Stage 3: The State Court Hearing (Weeks 8–20)
A judge reviews the motion. You may need to testify about what your prior attorney told you before you entered a plea. Timelines vary. Miami-Dade courts can take several months to schedule hearings. We prepare you fully before you walk in. The goal is to get the plea withdrawn or the conviction vacated.
Stage 4: Updating Immigration Records (Weeks 20–30)
Once the state court grants relief, that is not the end. USCIS and the immigration courts should be notified. If you are in removal proceedings before the Miami Immigration Court, a motion to reopen or terminate is filed to reflect your updated criminal record.
We handle that filing directly. Deadlines matter here. Missed filings can undo the relief you just won.
Stage 5: Adjusting Your Immigration Status
With the conviction off the record, you may now be eligible for benefits you were previously barred from. That could mean a green card application, a waiver, or relief from removal. If you have a family-based immigration case pending, this step reconnects you to that path.
The timeline here depends on your specific immigration goal. Some cases move in months, others take longer. Each situation is different.
Talk to a Miami Post Conviction Relief Immigration Lawyer Today
A criminal record can put your immigration status at serious risk. At The Law Office of Tatiane M. Silva, P.A., we help people in Miami and across the United States fight back. You do not have to face this alone.
However, a post-conviction relief case needs fast action. Deadlines matter. The sooner you reach out, the more options we may have for you.
We offer free consultations. Call now or schedule yours online.
Frequently Asked Questions
1. Who is eligible to apply for post-conviction relief in immigration cases?
Non-citizens who have been convicted of a crime that negatively affects their immigration status may be eligible to seek post-conviction relief if there were legal or procedural errors in their criminal case. Common grounds include ineffective assistance of counsel, lack of informed consent to a plea, or constitutional violations during trial. Eligibility depends on the specific laws of the state where the conviction occurred.
2. How long does the post-conviction relief process take?
The timeline for post-conviction relief varies based on jurisdiction, the type of motion filed, and court scheduling. In many cases, a post-conviction motion may take several months to over a year to resolve. Timeframes can be affected by whether the motion is opposed by the prosecution or involves appeals.
3. What types of post-conviction motions can affect immigration status?
Motions to vacate, modify, or expunge a conviction may impact a non-citizen’s immigration consequences. Common motions include ineffective assistance of counsel or withdrawal of a guilty plea due to legal errors. Relief granted for rehabilitative reasons may not eliminate immigration consequences under federal law.
4. Can a criminal conviction be erased for immigration purposes?
Vacating or modifying a conviction may remove the conviction for immigration purposes only if it is based on a legal defect. According to the Board of Immigration Appeals (BIA), convictions that are vacated solely for rehabilitation or leniency are still considered valid for immigration enforcement. Each case is evaluated based on the reason and method for post-conviction relief.
5. Can I be removed from the US while my post-conviction motion is pending?
Yes. Filing a post-conviction motion does not automatically stop immigration enforcement. Unless an immigration judge grants a stay of removal or another form of relief, a person may still be subject to detention or deportation while their criminal case is under review. Individuals may pursue relief through both the criminal and immigration court systems simultaneously.
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