Successfully Reversed Previous Denial of N-400 Naturalization Application (February 2022)

In February 2022, USCIS Field Office in San Jose, CA scheduled our client for his naturalization interview. Our client is now a U.S. Citizen.

Previously, USCIS denied our client’s N-400 application claiming that our client was barred from naturalization due to his previous felony criminal convictions that exceed $10,000 in restitution. Thus, he was not eligible for naturalization.

Attorney Nguyen D. Luu and our legal team took on representation to assist our client filing his new N-400 application. Our firm prepared a substantive legal memo, supporting documents, and appeared at the hearing interview with our client. The evidence presented sufficiently supported a finding that our client our client's previous convictions were vacated pursuant to California Penal Code 1016.5, therefore  all immigration consequences were eliminated.

Generally, if a conviction is vacated for reasons unrelated to the merits of the underlying criminal proceedings, such as for equitable, rehabilitation, or immigration hardship reasons, a vacated conviction remains a conviction for immigration purposes. (See Matter of Pickering, 23 I&N Dec. 621 (BIA 2003).) However, if a conviction is vacated because of a “procedural or substantive defect” in the underlying criminal proceedings, then the conviction is not considered a “conviction” for immigration purposes and cannot serve as a basis for removability. A conviction vacated under Cal. Pen. Code, § 1016.5 effectively renders the conviction non-existent for immigration purposes due to substantial procedural defect in the underlying criminal proceedings.

During the N-400 interview, attorney Nguyen D. Luu explained to the USCIS Officer the ramification of California Penal Code 1016.5 and that our client is eligible for naturalization because he has no criminal convictions for immigration purposes. The Officer approved our N-400 application on the same day.

We are very pleased that we were able to successfully achieve a favorable result for our clients.

Related Stories:

• Success Story: Naturalization Approved After N-336 Hearing! (January 2022)
• Successfully Obtained Post Conviction Relief and U.S. Citizenship for Client with Aggravated Felony Convictions
• Successfully Reversed Previous Denial of N-400 Naturalization Application through Post Conviction Relief(August 2022)
• Successfully Reversed Previous Denial of N-400 Naturalization Application (February 2022)
• Another N-336 Success: Naturalization Approved After N-336 Hearing! (September 2022)