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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.

Our Past Clients Share Their Experience

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  • “He is hands down the best lawyer I have ever used.”

    Billy R.

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

    Former Client

  • “Michael is one of the most knowledgeable and experienced attorneys in New York.”

    Amal Oummih, Esq. NYC Immigration Lawyer

  • “Gracias a Dios y al trabajo realizado por ellos, ahora estamos compartiendo la compañía de mi sobrina aquí en New York.”

    Aminta Gonzalez

  • “Thanks to Mr. Theodore Hartman, Bernardo can now look forward to a positive future in the United States of America.”

    Katharine St. Vincent

  • “Very capable and compassionate professional.”

    A. Schwartz

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

    Kynga

  • “Now we are here to stay and can get green cards.”

    Polish family

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

    Former Client

  • “He is also a knowledgeable and eloquent trial attorney with exceptional skills.”

    Rami F.

  • “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!”

    Agnieska R.

  • “He thought out of the box and worked until he was able to have a conversation with the DA.”

    Ms Ching

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

    F. Richard H.

  • “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

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

    Former Client

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