Successfully Reversed Previous Denial of N-400 Naturalization Application through Post Conviction Relief (August 2022)

In August 2022, USCIS Field Office in Fresno, CA swiftly approved our client's naturalization application and conducted a swearing-in ceremony for our client in just less than 4 weeks.  Our client is now a U.S. Citizen.

Previously, USCIS denied our client's earlier applications TWICE largely due to his misdemeanor convictions in 1998, 2000, and 2001. USCIS claimed that these convictions constituted crimes involving moral turpitude (CIMTs) which would bar our client from establishing good moral character. USCIS also faulted our client for failing to disclose all of the arrests, concluding that the omission reflects upon the client's moral character. Finally, USCIS also alleged that our client has an active warrant for arrest by immigration authorities, outstanding since 2006. According to USCIS, the warrant disqualified our client from the good moral character requirement for naturalization.  In connection with the warrant, a Notice to Appear (“NTA”) was issued, alleging that our client was subject to removal from the United States based on his convictions.

Due to the client’s convictions, our client was not only deportable, and inadmissible but also ineligible for naturalization. Our client faced the great risk of being placed in a deportation proceeding at Immigration Court. 

Our attorneys immediately conducted a thorough review of the client’s court records and previous defense counsel’s files. We determined that client’s criminal proceedings contained substantial and procedural defects that violated our client’s constitutional rights. 

Our office contacted the District Attorney's Office and filed a Motion to Vacate along with supporting evidence to establish that client’s constitutional rights were violated. We were able to convince the District Attorney to enter into an agreement to vacate certain convictions and dismissed certain charges. Through a series of legal maneuvers and carefully crafted stipulations and orders, our client no longer has deportable convictions. 

Subsequently, our attorneys accompanied client to the naturalization interview in Fresno Field Office. We provided USCIS with a substantive legal memo explaining how the vacated convictions have no immigration consequences. 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. But because our client’s convictions were vacated due to substantial procedural defects in the underlying criminal proceeding pursuant to CA Penal Code 1016.5, it eliminates all immigration consequences. Furthermore, any remaining convictions are immigration neutral and do not render our client deportable, inadmissible, or ineligible for naturalization. 

USCIS agreed with our position and approved our client’s petition for naturalization less than 30 days after the interview. We are extremely pleased that we were able to achieve a favorable result for our clients successfully.

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 (August 2019)
• Another N-336 Success: Naturalization Approved After N-336 Hearing! (September 2022)