Another Win: Criminal Conviction Vacated — Immigration Consequences Restored
Our law office secured the vacatur of a client’s criminal conviction, clearing a major barrier to lawful status. For immigrants, the difference is life-changing: a properly vacated conviction—one set aside due to a legal or constitutional defect—generally no longer counts for immigration purposes, reopening paths to adjustment, cancellation, naturalization, or relief from removal.
What we proved
Working with post-conviction counsel, we established that the plea was invalid because the client was not advised of immigration consequences and key evidence went uninvestigated—classic Padilla and due-process violations. The court vacated the judgment and allowed the case to be re-pleaded to a non-deportable disposition.
Why vacatur matters (and when it doesn’t)
- Counts for immigration: Vacaturs based on legal error, constitutional defect, or actual innocence—not merely rehabilitation or to avoid immigration effects—remove the conviction from the immigration analysis.
- Doesn’t cure everything: DHS may still allege other grounds (e.g., inadmissibility for misrepresentation, unlawful presence bars). Some records (arrest reports, conduct) can still affect discretion and good moral character.
Our strategy
- Complete record pull: Certified docket, plea colloquy, minute orders, police reports, and counsel files.
- Grounds to vacate: Ineffective assistance, involuntary plea, newly discovered evidence, or statute-specific defects.
- Immigration-safe outcome: Renegotiated to a charge outside CIMT/Aggravated Felony definitions, avoiding a 1-year sentence where possible.
- Synchronization: Timed filings so the vacatur reached the immigration court/USCIS before final adjudication.
What this unlocks
- Termination or reopening of removal proceedings when the only ground was the vacated conviction.
- Eligibility to adjust status with waivers as needed, or to pursue cancellation where the permanent-bar triggers no longer apply.
- A viable naturalization plan once good-moral-character obstacles are removed.
Practical tips
Act early. Obtain certified court orders showing the legal basis for vacatur; update fingerprints and background checks; and realign all applications (I-485, N-400, EOIR filings) to reflect the new record.
How we help
We coordinate the criminal-immigration strategy, target immigration-safe resolutions, and present a persuasive equities package—turning a past conviction into a clear path forward.
