Immigration path reopened
CASE SUMMARY
Adaptation note: This story is adapted from similar matters handled by Lingtu Law and its peers. Names, places, dates and amounts have been changed, and the outcomes are presented as scenarios only. They do not reflect that similar cases will reach the same result.
Background
H held a green card for fifteen years and ran a small nail salon in the San Gabriel Valley. In 2014 she was holding a small bag of methamphetamine for a friend, was searched, and was arrested for possession. She has never denied what she did. The public defender at the time told her it was "only a misdemeanor, and accepting the plea means it's over." She pleaded guilty in court and completed probation and drug treatment on schedule. Years later she applied to have the conviction expunged, believing the record had been fully cleared. Last fall she filed for naturalization and disclosed the arrest truthfully. At her interview in March this year, the immigration officer asked about the case and requested court documents. The problem was that the type of expungement she had obtained is not recognized by immigration authorities. The drug conviction still counted. Not only could naturalization be denied, she could also face removal.
Strategy
The deadline to submit the documents was only one or two months away, and continuing forward would likely have led to a denial. At the interview, she followed the advice of the attorney accompanying her, withdrew the naturalization application, and dealt with the old case first. We took a different route: ask the court to vacate the conviction on the ground that she did not understand the real immigration consequences of her plea when she entered it. A conviction vacated on that basis is recognized by immigration authorities. The difficulty was that the case was more than ten years old, and the file had shrunk to a one-page summary and a plea form. We located her immigration documents from that time, her U.S.-born child's birth certificate, and records showing she was then sponsoring her parents' immigration, to show that her priority was her status. The original defense attorney signed a declaration acknowledging that the immigration consequences were never explained to her. The plea form included one line saying "may have immigration consequences." We explained to the judge that this boilerplate did not tell her that this offense would lead to removal and bar naturalization.
Case Timeline
| Date | Milestone |
|---|---|
| March 2026 | Naturalization interview; the officer asked about the old case; on her attorney's advice, H withdrew the naturalization application |
| April 2026 | Retained Lingtu Law; obtained the old case file |
| May 2026 | Obtained a declaration from the original defense attorney |
| June 2026 | Filed a motion to vacate the old conviction |
| September 2026 | Hearing; the judge granted the motion and vacated the drug conviction; the prosecutor, given her completion of probation and drug treatment years earlier, agreed not to pursue the case further. H began preparing to refile for naturalization |
Outcome
At the September hearing the judge vacated the original drug conviction. The prosecutor agreed not to pursue the case further, given that she had long since completed probation and drug treatment. H is preparing to refile her naturalization application.
