OC Immigration Attorney

The Department of Homeland Security is reviewing thousands of pending immigration cases and moving to dismiss those filed against suspected illegal immigrants who have no serious criminal records.

According to Richard Rocha, an Immigration and Customs Enforcement spokesman, the review is part of the agency’s broader, nationwide strategy to prioritize the deportations of illegal immigrants who pose a threat to national security and public safety. Rocha declined to provide further details.

Critics assailed the plan as another sign that the Obama administration is trying to create a kind of backdoor “amnesty” program. An immigration attorney who was briefed on the effort by Homeland Security’s deputy chief counsel in Houston, said DHS confirmed that it’s reviewing cases nationwide, though not yet to the pace of the local office. However, they are following general guidelines that allow for the dismissal of cases for defendants who have been in the country for two or more years and have no felony convictions. In some instances, defendants can have one misdemeanor conviction, but it cannot involve a DWI, family violence or sexual crime.

Opponents of illegal immigration were critical of the dismissals. However, immigrants who have had their cases terminated are frequently left in limbo, and are not granted any form of legal status. These illegal immigrants still have no work permits and Social Security Numbers. ICE is not going to proceed with their removal from the United States. However, they are still here illegally.

In a June 30 memo, ICE Assistant Secretary John Morton outlined the agency’s priorities, saying it had the capacity to remove about 400,000 illegal immigrants annually. The memo outlines priorities for the detention and removal system, putting criminals and threats to national security at the top of the list. Recently, ICE officials provided a copy of a new policy memo from Morton dated Aug. 20 that instructs government attorneys to review the court cases of people with pending applications to adjust status based on their relation to a U.S. citizen. Morton estimates in the memo that the effort could affect up to 17,000 cases.

We just received an approval for adjustment of status for a client in Laguna Beach. She entered the United States on a fiance visa in December 2009. The couple married one month later as required under the immigration laws. We filed for adjustment of status a few months after that. Both the husband and the wife are originally from Iran, and they met a few years ago while the husband was visiting a friend in Iran.

The couple was concerned that the age disparity between the two might be problematic, but we included a significant amount of evidence to prove that the marriage was entered in good faith. Additionally, I advised them to honestly explain why age was not a negative factor in their decision to marry. They told me that she acts more mature than her age, and he is still young at heart. The USCIS officer did not even question the age disparity issue.

Because the husband lost his job in 2009, we used a joint sponsor to prove to the government that the wife was not likely to become a public charge. If USCIS determines that an adjustment of status applicant is likely to become a public charge, they can deny the application. The sponsor is always the US citizen spouse in marriage based green card cases; however, if the citizen spouse does not earn enough income to act as sole sponsor, we generally use a joint sponsor, which can be a friend or family member with sufficient income.

If you are married to a US citizen, contact The Nunez Firm to schedule a free and confidential consultation. Managing attorney Jay Nunez will personally meet with you and help you determine if adjustment of status is the right option for you.

We just received the great news that an I-751 was approved for my clients in Irvine. The husband received his conditional green card in 2006. In April 2008, they timely filed the I-751 to have the conditions removed from his permanent residency.

By July 2009, USCIS still had not contacted them regarding the status of the case or scheduling an I-751 interview. They came to me to see what I could do about the unusually long delay. I immediately wrote to USCIS to inquire about the case. Two months later, I went to an Infopass appointment to follow up.  I followed up again in early 2010.

In April 2010, USCIS sent a request for evidence asking for any and all proof of their good faith marriage. At the time, the couple lived apart, because the husband had lost his job in Orange County, and the only place he could find work was in Illinois. We included all types of evidence of good faith marriage including travel itineraries and hotel reservations showing that the couple visited each other often. We included proof that the husband was constantly trying to find a job in southern California, so he could move back home to be with his wife. The final packet of evidence was over 200 pages. My strategy was to completely overwhelm the USCIS officer in charge of reviewing the evidence. We mailed the reply to the request for evidence in mid-July.

Clearly USCIS was quickly convinced, because we just received the approval. The client was ecstatic. This process has been haunting him for the last four years, and now he is done with it.

If you are required to file the I-751 soon, call The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez has handled all aspects of the adjustment of status process including removal of conditions.

I just returned from an adjustment interview at the USCIS office in Santa Ana, California, where the USCIS officer approved the adjustment of status application for my Aliso Viejo client and her son. She is originally from Brazil, and she married her US citizen husband in January 2010. We filed for the adjustment of status one month later. The couple dated for one year before marrying. Both of them had been previously married; therefore, we provided proof of divorce along with evidence of the good faith marriage. The US citizen husband also petitioned for his stepson, who is only 5 years old.

The USCIS officer asked them a few questions about how they met and when they decided to get married. He commented on the fact that they married shortly after the husband’s divorce was final, but ultimately determined he was confident that the marriage was entered into in good faith and was not fraudulent.

This has been a great month for the couple. Two weeks ago, they gave birth to their first child together – a beautiful baby girl. Now, the whole family is certain to remain together in the United States. I am very happy for them and wish them all the best.

If you are married to a US citizen and are considering the adjustment of status process, contact The Nunez Firm to schedule a free and confidential consultation. Managing attorney Jay Nunez has helped countless couples stay together in the United States on a permanent basis.

This morning my Canadian client was approved for lawful permanent resident status based on her marriage to her US citizen husband. The couple started dating over three years ago. She often visited the US to spend time with her (then) boyfriend. In December 2009, she visited and they decided they wanted to get married. They moved to California together, and they married in March 2010. I began representing them with the adjustment process after that. We filed the I-485 and I-130 a month later.

The couple is young and the husband’s income was not sufficient for him to act as the sole sponsor; therefore, his father acted as the joint sponsor. Applicants for adjustment of status based on marriage must show that they have sufficient financial support and they are not likely to become a public financial charge. The sponsor, or in this case joint sponsor, must earn at least 125% of the federal poverty guidelines. The husband’s father easily met this requirement, and the USCIS officer did not view my client as likely to become a public charge.

Because the couple has been married for less than two years, she will be a conditional permanent resident for the next two years. Between May 23, 2012 and August 23, 2012, she will need to file the I-751 petition to remove conditions, so that she can remain a lawful permanent resident.

For now, the young couple is excited to have this step behind them, and they look forward to living in their new apartment in Westminster, and I overheard rumors of possible puppy adoption.

If you are considering the adjustment of status process, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will meet with you during a confidential consultation and help you determine if adjustment of status is right for you.

Ohio is one of 22 states that has immigration reform bills pending. Americans for Legal Immigration PAC, an organization focused on fighting against amnesty and illegal immigration, announced that 22 states now have lawmakers pushing versions of Arizona’s illegal immigration bill SB 1070. Activists from Americans for Legal Immigration PAC, or ALIPAC, supported passage of the new Arizona law and have helped pass other immigration enforcement measures in many states.

According to William Gheen, president of ALIPAC, activists have been working hard contacting state lawmakers in every state in the US asking them to stand up with Arizona. Additionally, Gheen stated that there are 22 states now following Arizona’s lead.

Aside from Ohio, the other states considering versions of the bill include: Alabama, Arkansas, Colorado, Florida, Idaho, Indiana, Maryland, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Jersey, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas and Utah.

Dave Isaacs, deputy director of communications for the Ohio House of Representatives, said there are three bills currently in committee that deal with immigration reform. One of the bills requires public and private employers to register with a federal electronic system to verify the identities and legal working status of new employees.

The other two bills have gone nowhere in the House since clearing the Senate in March. Both would give local law enforcement agencies authority to enforce violations of federal immigration law, which is similar to the Arizona immigration law SB 1070.

It’s not news in this poll that Congress receives poor marks for its overall performance, given the state of the national economy, but what is a surprise is the general population and majority of D.C. elites want some kind of comprehensive immigration legislation passed now.

The scarcity of jobs, the growth of the Latino vote and the legislation in Arizona have all contributed to creating an atmosphere in which the public says that progress on this issue is overdue.

59% of the general population and 76% of D.C. elites want to see action on immigration reform. More notable in today’s partisan climate is that 61% of Democrats and 59% of Republicans think Congress should pass comprehensive immigration law guidelines now.

The failure to get any major new legislation on immigration since 1996 is a sign of the breakdown of bipartisanship. When President Bill Clinton passed a balanced budget and welfare reform, he also passed limited immigration reform that allowed the building of the border fence and opened the doors to citizenship for some.

However, all attempts to get this done on a broader scale have quickly fallen apart. The Republican right wants extreme measures against the undocumented aliens already here and refuses to create a path to citizenship; the left opposes the kind of crackdowns favored by the right and wants a more automatic path to citizenship. So with both the left and the right dead set against a compromise, no president has been able to keep their promise on this topic.

This is an issue that can be solved only through a centrist effort that would bring together moderate Republicans and moderate Democrats into a grand bargain on all of the major issues. The left and the right would vote down any likely compromise, but there probably would be enough votes in the center to get it done in a common-sense, nonpartisan way.

However, there is no political mechanism in today’s polarized environment for bringing together the kind of cross-caucus coalition necessary to pass a bill. And perhaps this illustrates exactly why the voters are so upset with Congress, since now they perceive it as an institution that can’t overcome partisan divides to find solutions to today’s growing and intractable problems outside of the red/blue framework.

I attended an interview in Santa Ana this morning with my married clients from Fountain Valley. The couple met two years ago while living in Hawaii. The husband is originally from Japan, and the wife is a US citizen. He visited in February of this year and they decided to get married. After the wedding, we filed for adjustment of status so the husband could obtain permanent residence in the United States.

The USCIS officer, who I have worked with on many other cases, was very polite and patient, as the husband is still learning English. She asked questions about how they met each other and when they decided to get married. We brought photos of the couple with family and on vacations together. The officer approved the case on the spot. We will likely receive the green card within the next month or so.

I explained to the couple that they will need to file an I-751 in Summer 2012 to prove to USCIS that the marriage was entered into in good faith and to have the conditions removed from the green card. I gave them a thorough list of documents they should collect over the next two years in preparation for the I-751 filing.

If you are married to a US citizen and are considering the adjustment of status process, call The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will meet with you and answer your questions to help you determine if adjustment of status is appropriate for your case.

We just received the great news that one of our Irvine clients was approved for adjustment of status based on her marriage to her US citizen husband. The couple has been married for several years; therefore, she was approved for permanent residence rather than conditional residence. There was an issue with prior criminal convictions because she was convicted of a crime in Las Vegas a few years ago. However, we were able to allay the officer’s concerns and avoid the waiver application process. I spoke with the officer for a long while and explained to him why the conviction was not a bar to admission. I explained that the petty offense exception applied in this case, and he eventually agreed.

The couple is excited to be done with the adjustment of status process, and they can move forward with their lives and their children without any fear that she might be forced to move back to her home country of South Korea.

If you are considering the adjustment of status process, contact The Nunez Firm to schedule a free consultation with managing attorney Jay Nunez.

My client from Newport Beach was just approved for naturalization after our successful interview this morning at the Santa Ana USCIS office. She has been a lawful permanent resident for three years. Generally, aliens seeking naturalization must have their green cards for five years before they are eligible for naturalization. There are several exceptions to this rule. For example, if an alien has been married to a United States citizen for over three years and has had lawful permanent residence for over three years, s/he can naturalize.

In this case, my client has been married for four years, and she has been a lawful permanent resident for over three years. The interview went smoothly. The USCIS officer asked to see documents proving that her marriage was entered into in good faith. We provided joint tax returns, life insurance documents, joint bank account information and evidence of joint investment in real estate. The officer was quickly convinced of the validity of the marriage and the case was approved after a thirty minute interview.

My client is very excited. She intends to petition for her children to obtain immigrant visas so they can come to the United States from Europe.

If you are considering naturalization, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally meet with you in a confidential setting and help you determine if naturalization is the right option for you.