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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

At Musa-Obregon Law PC, 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 resident status.

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  • “Caring and helping our entire community.”

    Rev Erick Salgado Dem Candidate for NYC Mayor 2013

  • “Would highly recommend him to anyone with a tough deportation or criminal case.”

    Former Client

  • “My attorneys changed my life 360 degrees.”

    Alex D.

  • “They won my VAWA case. I am extremely grateful for their help.”

    Julio E.

  • “Gracias a su gran trabajo obtuve mi Permiso de Trabajo y Residencia Permanente en menos de Dos años!”

    Former Client

  • “Every client I referred to him has been satisfied and is still in the country.”

    F. Richard H.

  • “He helped my loved one get out of deportation quickly for a very, very reasonable fee.”

    Kynga

  • “Whether your case is civil or criminal, Mike has the intelligence and knowledge of the law to provide the best possible outcomes for his clients.”

    Roland Larkin, Former Superintendent NY State

  • “You are helping me regain faith in our justice system.”

    Sarita P.

  • “Very capable and compassionate professional.”

    A. Schwartz

  • “Extremely ethical and a great human being.”

    Former Client

  • “The man can do what other lawyers only dream about.”

    Gabe

  • “He knows both criminal and immigration law like the back of his hand.”

    Nilay Shastry, Esq.

  • “I recognize the law firm Musa-Obregon & Associates for its attention and assistance to our entire community.”

    Erick Salgado, NYC democratic Candidate for Mayor

  • “I trust him completely and know he has my best interest in mind.”

    Ronald R.

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