As previously mentioned, earlier this year Gov. Paterson created the immigration pardon board for noncitizens who have been convicted of a crime and now face the possibility of immigration consequences. Gov. Paterson introduced this board by highlighting that New York State believes in renewal and rehabilitation. Gov. Paterson also mentions that immigration law is sometimes unforgiving and unjust. Often, individuals with minor criminal convictions are forced to leave the only country they have known since childhood.
The Pardon Board will entertain petitions from any non-citizen, even those who are not currently in immigration proceedings (i.e. removal proceedings).
Unfortunately, the Immigration Pardon Board will only accept petitions until October 1, 2010.
Who Can Apply
Any noncitizen who has been convicted of any crime committed in the state of New York is eligible to apply. It is not necessary for the noncitizen to be in removal proceedings to apply. It is only necessary that the noncitizen can demonstrate that he or she faces the possibility of being removed from the country because of the conviction.
When May a Conviction Make a Nonimmigrant Susceptible to Deportation?
Many criminal convictions result in a noncitizen being susceptible to removal or deportation. If immigration law considers a crime to be an aggravated felony or a crime of moral, the noncitizen faces the possibility of removal. The government’s definition of aggravated felony has expanded over the years and now include many minor crimes.
How Would a Pardon from the Governor Help?
In most cases a pardon will result in the noncitizen not being susceptible to removal or deportation. In addition the noncitizen might be able to obtain naturalization or other immigration benefits. However there are cases were a pardon will not benefit a noncitizen.
What Documents Will Be Needed in the Petition
There is no set requirement for what documents are needed to be included in the petition. However a successful pardon must include an organized petition that demonstrates the noncitizen deserves a pardon. An applicant may demonstrate this by showing his or her rehabilitation, remorsefulness, and/or contribution to society.
What Happens after the Petition Is Submitted?
Once the petition is submitted, the Immigration Pardon Board will review the petition and then send their recommendation to the Governor’s office. If necessary the Board may request the applicant to appear for an interview.
Who Makes the Decision?
Ultimately the governor will make a decision as to whether to grant a pardon to a noncitizen. The Governor will make his decision based upon the petition and the Immigration Pardon Board’s recommendation.
How Likely Is the Pardon?
It is difficult to tell how lenient the governor will be in granting pardons to noncitizens facing unjust immigration consequences. However any attempt to receive a pardon should be viewed as an unlikely but possible outcome.
More Information
If you are interested in applying for a pardon, please immediately contact Gafner Law Firm to request a consultation. Time is of the essence.