Our attorney Jonathan Bartell helped our client recently
who had previously been granted a 601A waiver for
inadmissibility – but then later arrested for domestic
violence. Normally this is not good. Not only is domestic
violence a deportable offense, but it can also lead to the
revocation of his waiver. A conviction for domestic violence
would also disqualify him for 42B relief, or cancellation of
removal. You can only get a 42B if among other things, you have
a good moral character. Domestic violence is one example of not
having good moral character.
The criminal case was challenging because there were two victims
with visible injuries. Not good. Our client had no forms of
relief from immigration court – so our goal was to be in a
position to obtain voluntary departure, which meant our client
would leave the US, and then reenter the US using his waiver.
We did a couple very important things. We filed a 10-year
cancellation of removal, due to fact that our client has a US
citizen wife and two young children. The 10-year cancellation
filing includes a declaration of hardship. We also with great
persistence negotiated with the prosecutor over many months, and
were able to resolve the criminal case – our client was
permitted to plead to an offense that neither disqualifies him
for 42B relief nor his 601A waiver.
So finally we had good news: the immigration matter was
resolved, and our client would be able to stay in the US legally
with his family. It’s stories like these – real hard work to
untangle the client’s knot of legal problems – that assure
future clients that their immigration problems likely have a
Margaret W. Wong, Esq.
Margaret W. Wong & Associates LLC
3150 Chester Ave, Cleveland, Ohio 44114
Editor’s Note: Margaret W. Wong, Esq., is an adjunct professor
of law at Case Western Reserve University Law School and has
been recognized as a National Asian Pacific American Bar
Association (NAPABA) Trailblazer. She enjoys a “Preeminent AV”
rating by Martindale Hubbell. She was attorney for President
Obama’s Auntie. Margaret W. Wong & Associates LLC is a
national, full-service immigration and criminal law firm with
offices in Cleveland, Ohio, New York City, Chicago, Los Angeles,
Atlanta, Nashville, Minneapolis, Columbus, Detroit, and Raleigh.