Post-Conviction Relief for Immigrants

Does the client have a parent or grandparent, living or dead, who may have been born in the U.S. or who may have acquired U.S. citizenship?  If so, it is possible that the client has unknowingly inherited U.S. citizenship.  Ask this question of the client’s spouse as well.  If the answer is yes, refer the person to competent immigration counsel for analysis of citizenship.[9]  See § 9.22, infra, for referral suggestions.

            PRACTICE AID:  An “Intake Form” specifically focused on the client’s immigration situation is reproduced in Appendix 3.  This form is intended to elicit all information immigration counsel will need to diagnose the situation.  An English-Spanish client questionnaire with more explanations is also available at California Criminal Law And Immigration, Chapter 10.

[9] See California Criminal Law And Immigration, Appendix 9-B, Part Two, Swanson, Challenging Alienage – Is Your Client A U.S. Citizen?, for detailed discussions of how a person may be a U.S. citizen and not be aware of it.