January 19, 2013 – Citizen of Trinidad and Tobago gets citizenship despite conviction for possession of a handgun

Facts: A citizen of Trinidad and Tobago applied for citizenship and was denied. USCIS said that his conviction for possession of a handgun was an “aggravated felony” under the immigration laws. He turned to the firm for help.

The Firm’s Representation: In January 2012, the firm filed an appeal of the USCIS decision, which is called a Request for a Hearing on a Decision in Naturalization Proceedings under § 336 of the Immigration and Naturalization Act. The firm wrote a ten page brief rebutting the USCIS analysis. At the interview in October 2012, the USCIS officer asserted that the USCIS position was correct and that our client’s conviction was an “aggravated felony” and that there was no way he could get naturalized. The USCIS officer did however state that she would send the case to their legal department.

Outcome: On January 19, 2013, our client was sworn in as a proud citizen of the United States.