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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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  • “Mr. Obregon is an experienced, knowledgeable attorney and it shows.”

    Former Client

  • “I am in shock today that I got asylum in the United States. I can't believe it.”

    R.H.

  • “He's brilliant and cares for his clients with true heart, you could not be in better hands.”

    W. Velez

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  • “He found solutions when other lawyers turned us down.”

    Angelo

  • “Thanks to their hard work got my Work Permit and Permanent Residence in less than two years!”

    Former Client

  • “From first-hand experience, I am certain that clients are safe in his hands.”

    Rene Berrospi, Peruvian attorney

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

    Kynga

  • “Thank you, Mr. Obregon, for helping me and my family. We will never forget this.”

    Former Client

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

    Ronald R.

  • “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

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    Nilay Shastry, Esq.

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

    Former Client

  • “My son has got a good job now and is a free man because of this lawyer.”

    Jaime

  • “My attorneys changed my life 360 degrees.”

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