New York Immigration: Motions to Vacate
Grounds for a Motion to Vacate in Queens
A motion to vacate is a petition that a judgment of the court be undone.
Certain grounds must be present in order for this to be considered and a
New York City immigration attorney can advise as to whether this is an option in your case. This tool can
be invaluable in defending your right to stay in the United States following
a criminal conviction or guilty plea.
We represent individuals throughout Queens, Brooklyn, The Bronx, Manhattan,
Rockland County and Westchester County.
It is most often used where the court or your previous legal counsel has
previously failed to advise you as to the
effect of conviction on immigration status. If this has led you to plead guilty or no contest and thus endanger your
permanent resident status, you may be eligible to have your plea vacated.
Other ways in which your legal representation may use a motion to vacate
to protect you from
criminal deportation include:
- Filing a motion stating that facts or evidence integral to the case were
never considered by the court
- Filing a motion to reduce the conviction from a felony to a misdemeanor
- Filing a motion to reduce a sentence to less than 365 days and thus lessen
the severity of the conviction
- Seeking expungement of the conviction from your record
Queens and Manhattan Immigration Lawyer
Musa-Obregon & Associates, we understand the severity of your situation and are committed to fighting
relentlessly to protect you from unjust legal outcomes and deportation.
Our legal team is adept at recognizing legal grounds to have a case reopened
or dismissed and will review your case for any such opportunities. Our
firm is headed by Attorney Michael Musa-Obregon, a member of the American
Immigration Lawyers Association, the Immigrant Defense Project of the
National Lawyers Guild and the Immigrant Defense Project of the New York
State Defenders Association.
Contact a Queens immigration lawyer
for help following a charge or conviction that endangers your permanent