How can the Motion 440.10 to vacate criminal judgment save your green card?


A Motion to Vacate Criminal Judgment, under New York Criminal Procedure Law Section 440.10, can be a crucial tool for non-citizens facing the threat of deportation due to a criminal conviction. Vacating a criminal judgment can remove the grounds for deportation, thus protecting your green card and ability to remain in the United States.

Key Points about Motion 440.10:

  1. Purpose of Motion 440.10:
    • This motion allows a person to challenge and potentially vacate a criminal conviction based on specific legal grounds, such as newly discovered evidence, violation of constitutional rights, ineffective assistance of counsel, or procedural errors during the trial.
  2. Grounds for Filing:
    • Common grounds for filing a 440.10 motion include:
      • The conviction was obtained in violation of the defendant’s constitutional rights.
      • Newly discovered evidence that could not have been found with due diligence before the trial.
      • The judgment was obtained through fraud or misrepresentation.
      • Ineffective assistance of counsel, meaning the defendant’s lawyer did not provide competent legal representation.
      • Errors in the trial process that affected the outcome of the case.
  3. Impact on Immigration Status:
    • A vacated conviction means the conviction is legally erased, which can remove the basis for deportation or inadmissibility in many cases. This can be critical for maintaining lawful permanent resident status and avoiding removal proceedings.
  4. Procedure:
    • The process involves filing the motion in the court where the original conviction occurred. The motion must detail the reasons for requesting vacatur and provide supporting evidence.
    • If the court grants the motion, the conviction is vacated, and the individual may be able to avoid deportation and other immigration consequences.
  5. Legal Assistance:
    • Successfully filing a 440.10 motion requires thorough legal knowledge and expertise. It is essential to work with an experienced criminal defense attorney, particularly one who understands the immigration implications of criminal convictions.
  6. Follow-Up with Immigration Authorities:
    • After a conviction is vacated, it is important to inform immigration authorities and provide the necessary documentation to update your immigration records and remove any deportation proceedings based on the vacated conviction.

For more detailed information on how a Motion 440.10 to vacate a criminal judgment can save your green card and the steps involved, visit this comprehensive guide: How the Motion 440.10 to Vacate Criminal Judgment Can Save Your Green Card.

Understanding and utilizing the right legal tools can make a significant difference in protecting your immigration status. Professional legal assistance is crucial in navigating this complex process.