PC 1473.7 Motion to Vacate a PC 114 conviction
Our client GN pleaded guilty and served prison time for a California Penal Code section 114 (Use of False Government Document) conviction from 1997. GN is now eligible for Legal Permanent Resident status through her daughter who is in the U.S. Navy.
However, her PC 114 conviction prevents her from becoming a Legal Permanent Resident because a PC 114 plus a 1 year sentence is considered to be an Aggravated Felony pursuant to 8 USC 1103(a)(43). An aggravated felony is the worst conviction an immigrant can have because it permanently bars a noncitizen from becoming a Legal Permanent Resident.
Ms. GN was not aware of the significant consequences of pleading guilty to PC 114. Our office filed a Motion to Vacate her conviction pursuant to PC 1473.7 because at the time of her plea in 1997, Ms. GN was not aware that PC 114 would completely bar her from obtaining Legal Permanent Resident status, even though her daughter is in the U.S. Navy.
The court granted our motion to vacate and we are now getting her application ready for Legal Permanent Residency
Practice area(s): Criminal Defense, Immigration
Court: Riverside Superior Court