QUESTION

How to apply for reentry where Criminal conviction which was basis for deportation has been vacated

Asked on Aug 21st, 2015 on Immigration - Massachusetts
More details to this question:
Client was deported to Dom. Rep. He had conviction for aggravated felony, which was vacated per motion to withdraw guilty plea. He was LPR for over 20 years, with all family and own children here. The only ground for deportation was conviction. How does he apply for reentry.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
As the client has an order of deportation, he would have to have that removed before he could be restored to a permanent resident and allowed to come back. His attorney should file a motion with the court of deportation to have his case reopened. He or she may have to deal with the question of what happens next in the criminal proceedings after the withdrawal of the guilty plea. Also for what reason the court vacated its order. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 19th, 2015 at 7:55 AM

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