By law, an aggravated felony conviction disqualifies you from any relief from removal. So long as this conviction remains on your record, you have no chances at all with USCIS or the Immigration Court. If you were convicted after a trial, and there is no possibility of a successful appeal, you will be deported and have no way to legally stay in the U.S. or to come back after deportation. If your conviction was entered on your guilty plea; and no one advised you, before you took the plea, that the conviction would result in your inability to stay in the U.S., you might be able to convince the court to set aside the sentence and reopen your case. But, before doing that, you need to consult an attorney to evaluate what are your chances of being acquitted if the court reopens your case. Reopening your case does not set you free: it means that you have to go on trial, and, if the prosecution proves your guilt, you can receive a harsher sentence than you got on a plea - and still be deported after you serve your time. So, asking the court to reopen your case is a serious step that should not be taken without a competent professional advice.
Answered on Jan 08th, 2013 at 2:17 AM