CALCANO DE MILLAN

# Calcano de Millan Case Summary **What Happened** A U.S. citizen or permanent resident filed to bring a family member to the United States through a visa petition. However, the petitioner had a 2001 sexual battery conviction on their record. The immigration authorities denied the petition based on this conviction and federal law protecting children. **What the Court Decided** The Board of Immigration Appeals (a federal court) sided with immigration authorities. The court ruled that even though the petitioner had received post-conviction relief under California law (which typically reduces or clears certain convictions), this relief does not erase the conviction for immigration purposes. The conviction still counts as a serious offense under federal child protection law, making the petitioner ineligible to sponsor a family member's visa. **Why This Matters** This case shows that immigration law operates differently from regular criminal law. Workers should understand that obtaining relief from a criminal conviction in state court doesn't automatically remove it for immigration consequences. Anyone with a criminal record seeking to sponsor family members for visas should consult an immigration attorney, as convictions can have lasting effects on immigration eligibility beyond criminal penalties.