Successful Cases
Client, who was a U.S. citizen living abroad, got married to a foreign-born national and wanted to move into the U.S. with spouse as soon as possible. Client retained Attorney Chelico for representation. Attorney Chelico reviewed current law and determined that because the U.S. citizen spouse was residing abroad for more than 6 months, the petition could be filed directly with the consular's office and there was no need to file the petition with USCIS. This filing process was previously suspended but was recently reinstated. Attorney Chelico proceeded accordingly.
Result: Immigrant visa was approved and issued in less than 4 months from the original filing date.
Client was denied a non-immigrant visa by a consular's office on the basis of a conviction that the client had previously sustained while in the U.S. Client retained the Attorney Chelico for representation. Attorney Chelico reviewed the case information and determined that while the conviction in the case could have been charged either as a felony or a misdemeanor, client's conviction was for a misdemanor. Ninth Circuit precedent case law holds that when such is the case, the conviction is a misdemeanor for all purposes including immigration. Attorney Chelico filed a brief with the consular's office pointing to supporting law and argued that the conviction fell under the petty offense exception for which no waiver is required.
Result: After the consular's office conducted administrative review, the prior decision denying the non-immigrant visa was reversed and client was issued the visa.
Client was charged with Misdemeanor reckless driving. Client retained Attorney Chelico for representation. Attorney Chelico negotiated a deal for a disimissal of the Misdemeanor charge in exchange for an infraction if client completes community service and complies with other minimal requirements.
Result: Misdemeanor case is dismissed and replaced with a traffic infraction after client completed requirements.
Client was charged with Misdemeanor driving without a license. Client was unable to attend court proceeding and retained Attorney Chelico for representation. Attorney Chelico appeared on behalf of client and requested a reduction of the misdemanor to an infraction.
Result: Misdemeanor charge was replaced with an infraction. Now client will not have a criminal conviction on record.
Client was detained by ICE due to misunderstaing in client's visa status which resulted in an expedited order of removal. All client wanted was to retrun to home country. ICE refused to release client until procedural steps are completed. Client retained Attorney Chelico for representation. After giving the government an opportunity to release client did not result in any action, attorney Chelico filed a Writ of Habeas Corpus in Federal District Court requesting a court order for release of client from unlawful detention. The District Court issued an Order to Show Cause.
Result: Shortly after the Writ of Habeas Corpus was filed, client was released from custody and permitted to return home. Case was subsequently dismissed without prejudice upon client's request.
Client, who was representing himself, missed his court date due to a misunderstanding of the hearing notice and an in absentia order of removal was entered against client. ICE demanded that client surrender for removal. Client retained attorney Chelico for representation. Attorney Chelico reviewed the facts of the case and determined that client's circumstances fell under the exceptional circumstances that makes client eligible to file a motion to reopen. Attorney Chelico filed a motion to reopen and served ICE removal unit and requested that client not be arrested until the court has made a decision on the motion. The government opposed the motion.
Result: The court granted the motion. The order of removal was set aside and the court reopened removal proceedings. Client can now have an opportunity to present his case instead of getting arrested and deported.
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