PC 1473.7 Motion To Vacate

May 7, 2023 | by The Justice Firm

Non-citizens, including lawful permanent residents, can experience profound immigration consequences for even minor or very old criminal convictions. Prior to 2017, California law only allowed defendants to challenge their conviction while they were in actual or constructive custody, i.e. parole or probation. As a result, countless people were left with no recourse and way of challenging their convictions. This gap has had a particularly devastating impact on the state’s immigrant community.

Throughout the years, many immigrants in California have entered a plea or have been convicted at trial, without being properly informed of the immigration consequences of a criminal conviction. And for most non-citizens, the immigration consequences of a conviction only come to light when they find themselves in immigration court facing deportation, which, in many instances, can be years after they had completed their criminal sentence. In most of those cases, the only way for a non-citizen to avoid deportation and to remain in the United States is to challenge their criminal conviction. However, because California law did not provide a post-conviction relief for people who were no longer in custody, many people have been unjustly deported, or at best, have been stuck in the backlogged immigration system for years.

Recognizing that there are a large number of immigrants in California who have already finished serving their sentences, but who have not received the proper legal advice about the impact their convictions could have on their immigration status, the California legislature enacted Assembly Bill 813, which was codified as PC 1473.7, and became effective on January 1, 2017. Essentially, the new law gave people who were no longer in custody the ability to challenge their criminal convictions and vacate their judgments. Initially, the law was limited to convictions that were the result of a plea of guilty or nolo contendere. However, in 2021, the state legislature passed AB 1259, which amended PC 1473.7. As a result, as of January 1, 2022, the law now also provides a post-conviction relief for non-citizens who were convicted at trial.

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The Los Angeles District Attorney’s New Immigration Policy

December 15, 2022 | by The Justice Firm

A criminal conviction can have a life changing and potentially devastating impact on anyone. However, under federal law, certain offenses are considered deportable, including controlled substance offenses, crimes of moral turpitude, and aggravated felonies. So, for noncitizens, a criminal conviction brings with it potentially very grave collateral immigration consequences. In many instances, the individuals who are convicted of qualifying offenses, have spent their entire adulthood in the United States, have build their lives and have families here, and have no other place they would call home. Yet, following a criminal conviction, noncitizens face the threat of ending up in immigration court to face a potential removal and deportation to a strange country and permanent separation from their families.

Fortunately, in light of the adverse immigration consequences noncitizens face, some district attorneys are starting to adjust their offices’ immigration-related policies, including the Los Angeles District Attorney, George Gascon. On December 6, 2022, Mr. Gascon issued a new special directive outlining the new immigration policies of the LA District Attorney’s Office, which, among other things, is aiming to address the overly punitive consequences accused noncitizens could face.

First, according to the new policy, prior to when a charging decision is made, any person who is under investigation or their attorney, can present information demonstrating the potential adverse immigration consequences that could follow. In such cases, all charging determinations by the DA office should be made with the goal of avoiding or mitigating any adverse consequences a charge could have, and if there are possible alternatives to charges being filed, the DA office should pursue those alternatives. In addition, the new policy encourages prosecutors to expand the use of pretrial diversion programs that do not require an admission of guilt.

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Who Are “DREAMers” And What Is DACA?

June 30, 2022 | by The Justice Firm

The “DREAM Act,” first introduced into Congress in 2001, was intended to grant United States citizenship to immigrant children at risk of deportation. The Act stands for Development, Relief, and Education for Alien Minors, and the children it would protect are often called “Dreamers.” The idea behind “Dreamers” is based on the “American dream.” By offering the American dream to so many individuals who spent part of their childhoods in the United States, they will have opportunities they may not otherwise have in their home countries. Although several bill versions have been introduced in Congress, the DREAM Act has never fully passed or become law.

2021 Versions Of The Bill

For the 2021-2022 legislative session, both the House of Representatives and Senate have introduced versions of the DREAM Act. The Senate introduced The Dream Act of 2021 (S. 264), and the House of Representatives introduced The Dream and Promise Act of 2021 (H.R. 6). The current version of the bill has passed in the House of Representatives. The bills differ, but their significant elements are generally the same. Both bills ultimately provide Dreamers an easier pathway to U.S. citizenship.

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Employment Visas: Working In The United States

June 29, 2022 | by The Justice Firm

If you plan to visit the United States but do not intend to live within the county permanently, you will still need documentation authorizing your presence in the country. A visa is a type of authorization that grants nonimmigrant travelers the ability to remain in California and the United States for a brief period. Visas do not give foreign workers legal residence status or citizenship in the United States. However, they provide employment opportunities in the United States that workers may not have in their home countries.

Types Of Employment Visas For Nonimmigrants

There are several employment visas for nonimmigrants, two of which include H-1B and H-2B visas. Unlike other visas, employment visas require employers, rather than foreign employees, to submit applications and complete a considerable amount of paperwork. Immigration law is known for being very complex, but the immigration attorneys at The Justice Firm have the experience to help employers file the correct paperwork the first time.

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Visitor Visas: Traveling To The United States For Business And Tourism

June 26, 2022 | by The Justice Firm

If you plan to visit the United States but do not intend to live within the county permanently, you will still need documentation authorizing your presence in the country. A visa is a type of authorization that grants nonimmigrant travelers the ability to remain in the United States for a brief period. Visas do not give legal residence status or citizenship to visitors. However, they provide travelers many of the same opportunities as U.S. citizens to experience the United States.

Types Of Visas For Nonimmigrants

There are several types of visas for nonimmigrants, two of which include B-1 and B-2 visas. Both visas allow travelers to lawfully remain for up to six months in the United States.

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Legal Pathways For Ukrainians Already In The US

June 25, 2022 | by The Justice Firm

On February 24, 2022, Russia declared an invasion of Ukraine, leading many leaders worldwide to welcome Ukrainians into their countries. The United States has several options available for Ukrainians who currently live in the United States and want to avoid returning to Ukraine. They include

Temporary Protected Status (“TPS”);
Asylum;

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How Does A Criminal Conviction Impact Immigration Status?

June 24, 2022 | by The Justice Firm

If you are living in California on a visa, as a permanent resident, or you are undocumented, a criminal charge or conviction can have severe consequences on your immigration status. However, some crimes minimally impact immigration status. Suppose you have been charged with a crime in California. In that case, it is essential to speak with a qualified immigration attorney who can explain how your immigration status will be impacted if you are convicted.

The Importance Of Hiring A Criminal And Immigration Law Attorney

Your California criminal conviction can directly impact whether you are deported and whether you can return to the United States in the future. Hiring an attorney with a strong understanding of federal and state criminal and immigration laws can significantly improve the outcome of your particular situation.

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Helping Ukrainian Citizens And Their Families To Come To The US

June 20, 2022 | by The Justice Firm

Since Vladimir Putin announced the Russian invasion of Ukraine on February 24, 2022, many countries worldwide have shown their support for Ukraine. President Biden has been vocal about the United States’ commitment to helping Ukrainian refugees. On April 21, 2022, he announced Uniting for Ukraine, a program that provides temporary support for Ukrainian citizens and their immediate family members hoping to flee the Russian invasion. If you would like to help Ukrainian citizens come to the United States, a general understanding of the processes can help you decide if the program is right for you.

Who Can Support Ukrainians And Their Families?

If you decide you would like to apply to become a supporter of a Ukrainian citizen or family, you must fill out and submit an I-134 Form. Uniting for Ukraine requires supporters to have the financial ability to provide aid to Ukrainians, so the Form will require you to provide proof that you have the necessary financial resources. Proof of financial ability will require you to show that you can support the person or family for up to two years. Having “financial ability” does not mean you need extraordinary resources and unlimited money. It does mean that you should consider whether you can ensure the following needs are met for the individual or family:

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Bernie Sanders’ Tweet, and the Sad Reminder That Even on Thanksgiving, Families are Divided Due to Immigration

December 4, 2015 | by The Justice Firm

Just over a week ago, Vermont Senator and presidential candidate Bernie Sanders tweeted a sad Thanksgiving message reminding voters that thanks to immigration policies in the U.S., not all families get to spend Thanksgiving together. Sanders had just released an immigration plan two days prior to the tweet, which calls for policies that reform detention programs and deportation, welcome immigrants into our country, and provide a “legislative roadmap to citizenship” for immigrants. According to the article at Bustle.com, there are currently 11 million undocumented immigrants in the United States.

Sanders’ plan supports uniting families instead of tearing them apart. According to his website, Sanders believes we are a nation of immigrants. As the son of an immigrant, Sanders’ father came to the U.S. from Poland, completely broke. Sanders says that his family’s story is an example of the story of America, one in which families come to the U.S. to work hard and provide a better future and freedom for their children. In his plan, Sanders wants to bring back undocumented immigrants who have been deported if they have immediate family living in the country; this is according to USA Today.

Sanders’ plan includes six specific reforms designed to assist immigrants, which some have called radical. Among these reforms Sanders wants to respect local communities while making certain our border remains secure, dismantle detention centers and deportation programs which he calls “inhumane,” help the 11 million undocumented immigrants in the U.S. obtain citizenship via a fair and swift legislative roadmap, and reverse the criminalization of immigrants while making access to justice easier.

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