Get your I-751 approved with criminal history

Get your I-751 approved with criminal history

If you have any questions related to immigration and your criminal record in San Diego, California, call us today at (619) 746-8879

We are happy to share with you one of our recent success stories related to immigration in California where our client had his I-751 approved while having a criminal history.

Our client previously adjusted his status through his US Citizen wife. He received his CR (Conditional Residence) due to expire in two years. Nonetheless, problems ensued during the marriage, and law enforcement arrested him for violating California Penal Code 273.5 (Corporal Injury on a Spouse). 

Because of this, he was facing termination of his CR status and also being placed in removal proceedings for having committed what is known as a “Crime Involving Moral Turpitude” (CIMT). 

Read more here to learn about what a “Crime Involving Moral Turpitude” is.

Through careful negotiation with his attorney in criminal court, he pleaded guilty to violating PC 243(e)(1) (Battery), which is not a CIMT. Following his sentence, he hired us to prepare his I-751 petition. He had mended ways with his US Citizen wife and she agreed they would file a “joint” I-751 petition. This, however, proved challenging due to his prior criminal history and the underlying facts surrounding it.

 We prepared a detailed petition packet, including declarations from both parties, explaining the underlying circumstances of the incident, as well as evidence they still remained a couple (photos, taxes, bills, and letters of support). We also provided complete minute orders from the court docket where the criminal case occurred. This order showed the entire chronology of the criminal case, as well as compliance with the successful completion of all terms of probation. We were certain our client and his wife would be scheduled for an interview.

After submitting the I-751 petition to USCIS (United States Citizenship and Immigration Services), our client received a one-year extension on his CR. Nearly a year later, we received a “Request for Evidence” (RFE) from USCIS regarding evidence of the “bona fide” nature of the marriage. In other words, USCIS was not convinced our client had met his burden of proof of showing his marriage was entered into for good faith and continued to be valid through his conditional residence period. We supplemented the record with additional photos, letters of support, an advance directive, jointly filed taxes from the most recent year, proof that the beneficiary was designated as a recipient on the petitioner’s will, and additional bills showing both names.

We were very happy to discover that USCIS then approved our client’s case without even scheduling an interview. USCIS was satisfied our client had met his burden due to the detailed packet we had submitted. 

Following this, we filed a motion in criminal court requesting our client’s probation be terminated early and the matter be expunged so he can qualify to apply for citizenship via naturalization by virtue of his marriage to a US Citizen once the requisite period of good moral character was met. 

If you are looking for legal representation in San Diego, California for your immigration or criminal defense case, Kannan Law is ready to represent you. This is one of our many success stories and we are determined to make yours our next one. Contact us today and get in contact with an immigration attorney!