For immigration purposes if a conviction gets Vacated would USCIS also Vacate my deportation that was caused by the conviction?

Asked about 1 year ago - Los Angeles, CA

If the conviction that got me deported gets Vacated under constitutional grounds or for Court not having jurisdiction over me legally under age ? Would Immigration Vacate or forgive the Two deportations that was caused by the conviction?

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    1

    Answered . They very well might. Request joint motions to reopen.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . No. You will have to hire an immigration attorney and seek reopening of your deportation case.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Andrew Kenneth Nietor

    Contributor Level 3

    1

    Lawyer agrees

    Answered . USCIS has no authority to vacate a deportation. If your deportation/removal was through an immigration judge, you would need to file a motion to reopen or reconsider those proceedings. But it is not automatic, nor is it guaranteed. The law varies significantly by circuit, and there are also regulations involving how much time you have to file, as well as some valid exceptions that may apply. This is a particularly technical area of immigration law, and it is best to find an immigration attorney with specific experience in this area.

  4. Stanley P. Walker

    Contributor Level 12

    2

    Lawyers agree

    1

    Answered . Two deportations? You need to consult a qualified immigration lawyer who routinely practices in immigration court and is familiar with criminal law as well. You are never going to be able to get a short and simple answer to that question without much more detailed information. If the criminal conviction was the sole basis for your removal and that conviction has now been vacated, then arguably yes, you could file a motion to reopen, but just from reading your two sentence question above, I have about 20-30 questions that pop up in my head of things I would need to know about your case. Sorry I can't be more helpful, but a question like yours is not something that can be readily answered on a site like this.

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