Success story: Our client is no longer barred from seeking relief before immigration court

Success story: Our client is no longer barred from seeking relief before immigration court

Our client came to us because he received a notice to appear in immigration court. He received this notice after his prior military parole in place application before USCIS denied his Form I-131. 

The reason for the denial was due to a previous criminal conviction he had decades ago for violating PC 273.5 (corporal injury on a spouse). He never knew that while this was a misdemeanor conviction, it would lead to him being inadmissible and subject to deportation/removal.

The clock was ticking as he had an imminent court date approaching in immigration court. Therefore, we immediately analyzed his prior criminal case and queried him extensively on whether he was informed of the immigration consequences of his guilty plea years ago. 

We then evaluated how his life had been since this conviction. We gathered significant equity documents in the form of gainful employment, children’s birth certificates, his filing of taxes, work certificates, and the absence of criminal history outside of this one decades-old conviction.

Finally, we prepared a 1473.7 motion with a large stack of equity documentation. After extensive negotiation with the prosecutor’s office, the judge in criminal court granted our motion nunc pro tunc, and our client entered a new misdemeanor plea that was immigration safe. 

He was then no longer barred from seeking relief before immigration court and also before USCIS.

If you have questions about your immigration status, please contact us at Kannan Law, immigration attorneys in San Diego, California.