I-751 granted with criminal history and risk of facing deportation to becoming a US Citizen
I-751 granted with criminal history and risk of facing deportation to becoming a US Citizen
A man came to our office very stressed and sad. He had obtained his conditional residence through his US Citizen wife, and during the course of the marriage, he had an affair with another woman and fathered a baby as well.
At one point, they had an argument, and the police arrested him for allegedly committing domestic violence. He wound up pleading guilty to battery under PC 243(e).
After this incident, he went through extensive discussions with his wife on this matter; she eventually forgave him, and they remained a couple.
However, when he came to our office, he was soon approaching the 90-day deadline to file his I-751 petition. He did not know what to do; the prior attorney he consulted told him his case would be very hard to win especially considering he “cheated” on his wife.
We immediately got to work on his case, starting with collecting all documentation on his prior criminal conviction. We then prepared a detailed packet explaining how his marriage to his wife was valid, how his affair came about, and how he and his wife worked through this challenging ordeal.
Also, we prepared a cover letter arguing that he was statutorily eligible to have his I-751 petition granted, as his conviction did not subject him to inadmissibility or deportability.
Following this, USCIS issued a Request for Evidence (RFE) requesting additional proof of his marriage to his spouse. We promptly responded, and shortly after that, our client’s petition was GRANTED WITHOUT AN INTERVIEW.
Our client was ecstatic. Following this, we filed a motion in criminal court to have his prior case expunged and probation terminated early so he could statutorily qualify for citizenship via naturalization (one cannot be eligible for naturalization while on probation for a criminal case).
We then filed his citizenship application, which USCIS granted. Our client is now happily continuing his marriage with his wife and is now a US Citizen!
If you have questions about your immigration status, please contact us at Kannan Law, we’ll be happy to help.