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PC 1473.7 Motion to Vacate a PC 114 conviction

December 2022

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

Arturo Angel. Burga

FOUNDER Arturo Angel Burga Mr. Burga began his solo practice in 2011. Since then he has grown to become a top-rated lawyer in his field. He was ranked as a Top Lawyer by Inland Empire Magazine and most recently was an invited as a speaker at the American Immigration Lawyers Association (AILA) A...


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