The problem if you are out of the Country is how will you get here to deal with the case? Getting a conviction vacated does not end the case; it puts it back to where it was before the conviction. You are likely to end up with a bench warrant.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
An immigration judge does not have to wait for a motion to vacate to deny relief and order a respondent removed. Depending upon the circumstances a motion to reopen may be filed to reopen your immigration case. In any event your question is confusing, and from what I can tell you have a very complicated situation, either discuss it with your current attorney or retain one. My firm handles criminal immigration matters.
Law Offices of Nicklaus Misiti
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Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.