Well, I will tell you a story of a client of mine that has a conviction for simple possession of cocaine in the 80s. He is Cuban. A few years ago, they placed him in removal proceedings because of this conviction from many many years ago. It was the new thing and they are still doing it. I was able to determine that something was done incorrectly at the time of his conviction that allowed us to reopen his case and vacate the conviction and because the case was so old and the gentleman had no other issues, the prosecutor declained to re-prosecute him. So basically, he had no conviction against him anymore and we were able to file a new Cuban Adjustment Act and get him a new Residency. Today his is a Lawful Permanent Resident with no problem.
Unfortunately, even if you could have this done, get a vacature, or even if you could get a U.S. Presidential or governor's pardon, all the U.S. has to do to prevent you from getting a new Residency is to prove that there is "reason to believe" that you were involved in or benefiting from trafficking. Take a look at this link:
So, not only will you need to either get a vacature or a pardon, but you would need to convince an immigration judge
that you were not involved in nor benefited from any form of trafficking. If you think you can do that, after you get the vacature or pardon, you will need to motion to reopen your deportation
case and if successful, you can file the I-485
with the immigration judge.
Also, keep in mind that sealing or expunging the case does not work, only a perdon or vacature.
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