An order of removal. If a criminal conviction is vacated or reduced, it allows that person to go back to immigration court and try to either get the deportation order reversed or to become eligible for relief that did not exist prior to the crime being vacated.
Do you have a deportation order? Are you barred from coming back to the U.S. for either 20 years or even life? If you look in our library, you will see sample motions to vacate convictions. If that is successful, you can get your deportation order reversed. If you are in removal or deportation proceedings right now and were successful in getting the crime vacated, then you can ask for the proceedings to be terminated. This means it could be ended or reversed so you are no longer deportable. It is actually one of the best ways to regain your legal status.
The crime itself may have been a result of fear or by the prosecutor telling you untrue facts as to what would happen if you do not plea guilty. This means you plead to something you did not understand and did not know how it would affect your immigration status.
It is the combination of this criminal relief being successful and the prior deportation order or a current order under immigration law that allows the motion to reopen or terminate to be successful.
There are other reasons also to make a motion to terminate such as a visa number becoming current or an adjustment of status situation where you become eligible or a change in State or Federal law regarding various charges dropped.
The key here is whether you are an aggravated felon under United States Immigration Laws. If you are, then you are barred for the rest of your life from coming back to the U.S. Many times our law firm gets clients both inside the U.S. or outside the U.S. It arises in different scenerios: 1) A person already had a deportation and has been deported; 2) An immigrant in deportation proceedings and needing to fight; 3) A person who is in prison serving out their time and close to being transferred to Immigration detention; 4) Somebody who is considering taking a plea in criminal court and people who have crimes in their home country wanting to enter the U.S.
In all of these immigration situations, it is possible under the right circumstances to make a motion to terminate proceedings if the crime is vacated. This sample gives a great place to start.
While it would be better and more effective to use an experienced attorney, it is clear that many times people just do not have the funds to retain an attorney. Therefore, note that this Motion to terminate removal / deportation proceedings based on a vacated conviction is made by an experienced immigration lawyer with nearly 30 years of experience. It is real and it was actually submitted.
The sample Motion to terminate removal / deportation proceedings based on a vacated conviction will give lots of great information and a significant amount of information and data that will comply with the requirements. Thus, if you cannot hire an immigration lawyer to prepare the motion, then this is the next best thing. Follow it carefully and closely and you will have a real chance of realizing your dream to stay inside the United States. Note that the adjudicating officer at USCIS is not your friend or the Consulate Officer at the U.S. Consulate deciding whether you should get this particular visa or status.
We certainly hope you find this petition useful and helpful and hope for the best immigration experience you can have. We do have petitions on every subject area of immigration, and you might look at those if needed as well. If you do need to actually have a consultation, you can call our U.S. Immigration Law office at 562-495-0554 for an initial free consultation to determine what must be done to help you and your family.