QUESTION

If a person already deported get there case vacated what are there chances for coming back and how long will the process takes

Asked on Dec 31st, 2020 on Immigration - New York
More details to this question:
I got deported 10yrs ago and now I'm trying to get my criminal charge vacated once that is done can I come back to the usa
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If the criminal case is vacated as the judgment was wrong and not just to help to make an individual eligible for US immigration, such would take away the stigma of the criminal charge and place the individual in the same position immigration-wise as he or she was in prior to the charged act. If he or she did not hold permanent resident status, he or she would still have to have a basis to return. If the individual was previously a permanent resident and this was the only bar, he or she should work with DHS on the necessary procedures to return to the country. 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 Jan 23rd, 2021 at 1:11 PM

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