Our client was convicted for receiving stolen property and sentenced to over one year in state prison. He was a Permanent Resident and hired another attorney to assist him to file for Naturalization to become a US Citizen. His prior attorney never advised him that his conviction for receiving stolen property was considered an Aggravated Felony under US Immigration Laws and he was permanently barred from establishing good moral character under the Immigration and Nationality Act (INA) Section 316(a)(3) which is a requirement to becoming a US Citizen. In other words, he did qualify for Naturalization and the other attorney allowed him to file the application anyways.
To make matters worse, under INA Section 237(a)(2(A)(iii) made him subject to deportation from the US and filing the application brought this fact to the attention of the Department of Homeland Security. After our client received the decision on his N-400 application denying his application for Naturalization, he contacted our office. Mr. Le reviewed his file and advised him that there were laws in place that could make it so that he was no longer deportable and allow him to obtain US Citizenship.
Thereafter, he retained our office. We filed a motion to vacate his conviction for receiving stolen property under CA Penal Code section 1473.7. The criminal court granted our motion and the conviction was set aside. The criminal case was eventually dismissed and our client was no longer convicted of an Aggravated Felony and his Felony Conviction under CA State law no longer existed as well. All of his rights (right to own a gun, public assistance, etc.) that were taken away due to the Felony Conviction were restored.
He then hired us to assist him in his application for Naturalization. The application was approved by the USCIS and our client is now a US Citizen.