Success story: From inadmissible to US citizen

Success story: From inadmissible to US citizen

Our client, a long-time Lawful Permanent Resident from the age of three months, has lived in the US for 54 years. He had completely assimilated into American life and culture. All of his family members are US Citizens, however, he inquired with our office as to the possibility of naturalizing to becoming a US Citizen himself. 

Therefore, we carefully reviewed his criminal history and found he had several disqualifying convictions that were decades old. 

In 1995, he plead guilty to Count 1, HS § 11378 (Possession of Methamphetamine with intent to sell) and admitted to PC § 12022(c) firearm allegations on June 12, 1995. At no point during the proceedings did our client’s prior attorney ask him about his immigration status or mention any immigration consequences. Although our client signed a guilty plea form, he only remembers being told just to sign in certain places on the form. He did not understand that his conviction rendered him inadmissible, resulted in mandatory deportation, and permanently barred him from ever applying for US Citizenship. 

In 1995, he was arrested for another offense and wound up pleading guilty to a violation of HS § 11377(a) (Possession of Methamphetamine), and admitted to PC § 12022.1 allegations of committing a felony while on bail. He was then sentenced to a prison term of two years. Again, during this second case, our client’s prior attorney did not inquire about his immigration status or discussed any immigration consequences of his plea. 

The following year, our client was again arrested multiple times for violations of Health and Safety Code § 11550(a) (Under the influence of a controlled substance). He pled guilty to the said charge.

He complied with all terms set forth by the court and he successfully turned his life around upon completion and went on to become an exemplary employee, son, father, and brother. He has had no more criminal convictions since this time period.

His current immigration record stood as follows: he was statutorily removable, inadmissible, and permanently barred from US Citizenship due to his convictions in these cases. Once deported, he will never be able to legally return to or enter the United States. He also feared renewing his LPR card for fear of being apprehended and removed from the US.

Our Victory

We carefully analyzed each conviction in his case and drafted motions under California Penal Code 1473.7 for each conviction. We explained through his declaration as well as that of an immigration law expert, and plenty of equity documentation to reveal (1) the client did not meaningfully understand the immigration consequences of each conviction and (2) has since been a person of good moral character deserving of the relief sought.

Extensive negotiations with the prosecutors’ offices ensued and we finally managed to obtain favorable outcomes on all convictions. All of our clients’ prior felonies were vacated and he entered a new guilty plea to immigration-safe felony charges. Additionally, all of his prior misdemeanor convictions were dismissed by the prosecuting agency.

If you or someone you know needs guidance from an immigration attorney in San Diego, California, contact Kannan Law today.