A judge has vacated a 1986 felony conviction that may potentially save a Queens man from getting deported.
Michael Waithe served a year and a half for a felony robbery conviction that never actually happened.
He was returning from his daughter's wedding in Barbados in 2011 when immigration officials flagged him for deportation over the conviction.
Waithe, who is a legal green card holder, wrote Brooklyn District Attorney Ken Thompson for help.
Thompson's conviction review unit found little evidence against Waithe, and his accuser also admitted to lying about him.
Waithe hopes the judge's decision will stop the deportation process.
"I actually found out last Thursday, when I was driving to work, and I broke down, my girlfriend broke down. I cried all the way to work," Waithe said. "I was driving and crying at the same time, saying, 'Thank you God, thank you, thank you, thank you."
Q: You almost were getting married and then have to move to Barbados.
Karen Garrick, Waithe's finace: Well with the winter that we've had, I wouldn't mind it.
As for Waithe's accuser, she can't be charged because of the statute of limitations.