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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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  • “I have looked up to Michael as a successful attorney, and on occasion for legal consultation and input on my own cases.”

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  • “I don't know how a man who is so busy even gives out his cell phones to his clients for emergencies but to show you how much he feels for his clients, this is the kind of lawyer that he is!”

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