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PCR Referral form

*This form is for attorney-use only. If you are not an attorney, please contact us through the IDP hotline and we will assist you.

Referral guidelines:

  • Vacatur of plea/sentence reduction must clearly improve immigration situation (e.g., avoid deportation, remove bar to green card, make eligible for discretionary relief/waiver, etc.)
  • No more than one felony conviction requiring 440 relief, or two misdemeanors/violations (unless case presents extremely unusual equities). Separate cases resolved at one hearing count as one conviction.
  • If sentence date on problematic conviction was prior to March 31, 2010, and lawyer failed to advise (as opposed to misadvice), client must currently have significant equities and/or another viable legal claim to overcome non-retroactivity hurdle.
  • If client lacks lawful status, s/he must have an articulable path to lawful/stable status.
  • It is possible to refer trial cases if you can identify a reasonable alternative disposition that defense counsel could have negotiated.
  • If your client has an open criminal case, and is either not in proceedings or not detained, please wait to refer for a 440 motion on a prior conviction until s/he resolves the open case. If your client is in proceedings and detained with an open criminal case, do not wait to refer for a 440 motion. In that event, disclose the open case on the referral form, and describe the anticipated disposition and its impact on the 440 motion.
  • You must provide all dispositions and/or criminal history report for your client, as well as the court file and minutes for the conviction requiring PCR.





PCR Referral Form
Intake Received Via
Assigned
Case Type
Attorney First Name
Attorney Last Name*
Your Email
Your Phone
Client First Name (if not contact)
Client Last Name (if not contact)
Client Date of Birth (ILS)
Client Country of Birth (ILS)
Alien Number
Client Date of Entry (ILS)
Client Current Immigration Status (ILS)
Current Immigration Status (if Other)
Client Date of Current Immigration Status
Client Manner of Entry (ILS)
Manner of Entry (if Other)
State of Case
County of Case (NY State only) (ILS)
Offense Commission Date
Crim Trial Disposition
Date of Plea
Date of Sentence
Statute/Subsection of Conviction
Sentence
Represented By
Detention
Custody Location
Prior 440 Motion Filed?
PCR Motion Filing Deadline
Must-File Date
Reason for Filing DeadlineProvide the best-case scenario. For the ‘must-file’ date, remember motions to reopen and appeals.
Basis and Posture of Case
Court & Conviction History
Conviction Impacts and Alternative DispositionsClick link for detailed help with this field
Basis for PCR Relief & EquitiesInclude explaining any criminal history.
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