The Law Offices of Sabrina Li is proud to share another success story of securing asylum for a client with a criminal record. Our strategic legal approach ensured that the case was approved without the applicant needing to testify.
Our client came to us after her asylum application, filed with USCIS, was referred to Immigration Court due to her failure to appear at her interview. She feared being ordered removed and was deeply anxious about how her criminal history—including arrests for trespassing and solicitation for prostitution, as well as for displaying an unauthorized disabled parking placard—would affect her case. She needed a legal team experienced in handling complex asylum cases with criminal records.
Our client entered the United States 11 years ago as a 24-year-old asylum seeker. Shortly after her arrival, she faced severe financial hardship, struggling even to afford basic necessities like food. In desperation, she responded to a job advertisement promising high pay, which led her into an exploitative situation where she was pressured to engage in sexual services. This unfortunate event resulted in her arrest for trespassing and soliciting prostitution. While the prostitution charge was dismissed, she pleaded guilty to trespassing, received a light sentence, and successfully completed probation.
Two years later, she was arrested again for displaying an unauthorized disabled parking placard, trying to assist a pregnant friend in an urgent situation. She was convicted and completed probation without further issues.
While the crimes do not constitute aggravated felonies or particularly serious crimes, they are considered during discretionary relief assessments. The court must balance these past adverse factors against her current contributions, rehabilitation, and positive community impact to decide whether she merits asylum in the exercise of discretion.
Our team developed a targeted strategy to address the challenges in her case:
On the day of the merits hearing, the Immigration Judge approved the case in just 15 minutes, relying solely on the strength of the documentary evidence and legal arguments we presented. The client was relieved and ecstatic that no live testimony was needed—a testament to the effectiveness of a well-documented case.
Cases involving a criminal record require careful strategic planning. While live testimony often plays a crucial role, it may not always be necessary. Immigration case law, including Matter of L-A-C-, 26 I&N Dec. 516 (BIA 2015), allows judges to rely on strong written evidence to decide a case without additional testimony.
Bypassing live testimony can be a strategic advantage, offering efficiency and reducing the risks associated with cross-examination. This approach is particularly effective when written statements are comprehensive, well-documented, and aligned with legal arguments, as they preserve consistency and strengthen the case. However, live testimony remains vital in many situations, as it allows witnesses to convey credibility through tone, demeanor, and emotional expression, leaving a lasting impression on the judge. It also provides opportunities to clarify written statements, resolve uncertainties, and engage directly with the judge, which can be critical in complex or emotionally charged cases.
Deciding whether to proceed with live testimony or rely on written statements requires thoughtful planning, but in some cases, the final decision must be made in real-time. A skilled attorney carefully evaluates the unique dynamics in the courtroom on the day of your hearing, considering factors such as the judge’s tone and demeanor, the approach of opposing counsel, and the overall atmosphere of the proceedings. These elements often play a critical role in determining whether to move forward without live testimony. An experienced immigration attorney brings both legal expertise and keen situational awareness to these moments, ensuring decisions are made confidently and strategically to maximize the effectiveness of your case.
At the Law Offices of Sabrina Li, we specialize in helping clients overcome challenges, including those involving criminal histories. Call us today at (213) 375-8096 or email us at info@sabrinali.law. We are committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
