OC Immigration Attorney

I just received the great news that another of my client victims of domestic violence had her I-360 approved. We filed the form I-360 in fall 2009, and the Vermont Service Center of United States Citizenship and Immigration already approved the case. Generally these cases take over one year to receive a decision, but we received this approval in less than four months.

The client was married to her husband for approximately one year before she had the courage to call the police and leave him forever. They married in summer 2008, and she believed he would be an excellent husband. Shortly after the wedding, he began controlling her life in every way. She was forced to ask permission from him or his mother before leaving the house or making any decisions. Her in-laws abused her emotionally and psychologically, and the mother-in-law encouraged her son to beat his wife. The husband was sexually abusive as well. She was not allowed to speak with her family or visit them.

Finally, in Summer of 2009, her husband became enraged due to a small argument that he escalated to unbelievable heights. He overturned furniture, insulted her family and tried to break her fingers. He grabbed her phone from her and broke it so she could not call the police. Eventually, she escaped from the house and flagged down a passing car to call the police. The police came and arrested him, and a restraining order was issued.

I worked closely with the client to develop her statement of events so that we could present as clear a picture as possible to USCIS showing them that she deserved VAWA relief without any doubt. We drafted her statement several times until it was perfect. We included extensive evidence to support our statement of events including witness statements and other documents.

The client was very happy to receive the good news. Now, we will finalize the green card process by setting an adjustment of status interview with USCIS.

If you or someone you love is in an abusive relationship and the spouse is a US citizen or lawful permanent resident, contact The Nunez Firm to schedule a free consultation. We offer free and confidential consultations to help you assess if pursuing a VAWA case is right for you.

jnunez Successful Client Stories, Uncategorized adjustment of status, domestic abuse, domestic violence, green card, VAWA

We received an approval notice from the Vermont Service Center regarding a VAWA case we filed in mid-2009. The client was married to a US citizen for only a few weeks  before she moved out due to her husband’s abusive actions. He was a martial arts instructor, and he often resorted to violence and physical abuse in order to assert his control over her. After he assaulted her while she was holding their young son, she refused to endure his abuse any more, and she moved out and filed a police report. An Orange County judge granted a temporary restraining order against the United States citizen spouse.

In our VAWA application, we included numerous forms of evidence pertaining to the couple’s bona fide marriage and the abuse she endured during the years they were together. We included the police report and temporary restraining order as well. The entire packet was over 100 pages.

Although the typical processing time is 14 months for VAWA cases in the Vermont Service Center, we received a decision within nine months due to the overwhelming evidence we presented. The client was extremely pleased with the outcome. She will be finalizing the process soon by attending an adjustment of status interview, which should result with her obtaining a green card and lawful permanent residence.

If you or someone you know is being victimized by domestic violence, contact The Nunez Firm to schedule a free and confidential consultation. Managing attorney Jay Nunez will discuss your case with you and help you understand the options available to you.

jnunez Orange County Immigration Hearings, Successful Client Stories, Uncategorized adjustment of status, domestic abuse, domestic violence, green card, Orange County, Southern California

We just received an approval notice for an I-360 VAWA application based on domestic violence. We filed the I-360 VAWA application in December 2008, and the Vermont Service Center approved the case 14 months later (which is the standard processing time at this point).

She married her husband several years ago.After the wedding, he began to exhibit signs of controlling behavior. His control issues gradually progressed and he eventually became violent on several occasions. He began stalking her and questioning her any time she left the house. Eventually, she became scared for her life and moved away.

After the divorce, she was afraid that her green card would be revoked. Her husband petitioned for her to receive a green card and it was approved. After two years of having the green card, she was required to file a joint petition along with her husband to have the conditions on her green card removed, so that she would become a full-fledged lawful permanent resident. Because her marriage was no longer viable and her husband would no longer cooperate, she was put in immigration court for deportation proceedings. Around this time is when she hired The Nunez Firm.

After she explained the abuse she had suffered during her marriage, I suggested that we pursue VAWA (Violence Against Women Act) which allows the spouse of an abusive US citizen spouse to apply for a green card if she can show that the marriage was entered in good faith and the US citizen spouse was physically abusive or extremely cruel during the marriage. She agreed and we filed the VAWA application (Form I-360) within a few months.

The client was extremely excited to hear the good news. Now, we will file a motion to terminate the immigration court proceedings and adjust her status to lawful permanent resident, so that she will be able to live and work in the United States indefinitely.

If you or someone you know is caught in an abusive marriage with a US citizen, contact The Nunez Firm. Managing attorney Jay Nunez handles many domestic abuse immigration cases from all over the country, and he will personally discuss your situation with you and determine what options are available. VAWA cases are difficult and having an experienced immigration attorney involved is often necessary.

jnunez Orange County Immigration Hearings, Successful Client Stories, Uncategorized adjustment of status, domestic abuse, domestic violence, green card, immigration court, Immigration Court Proceedings, marriage, motion to terminate, Newport Beach, Orange County, Southern California, VAWA

My client’s I-485 adjustment of status application was approved this morning in Orange County. She met her husband approximately two and one half years ago, while they were living in the same apartment complex. They talked when they saw each other and gradually became friends. After one year, they began dating, and one year after that, they married. The husband is a United States citizen, and the wife was from the Ukraine.

In summer 2009, we filed the adjustment of status application and visa petition concurrently. We filed all the necessary forms and evidence, and yesterday I attended the interview with my clients and the USCIS officer. The officer asked several questions about their relationship: how they met, when they started dating, how they spent the holidays, etc. My clients answered the questions confidently as I had prepared them extensively on what to expect at the interview. At the end of the interview, the officer stated that he was approving the application, and my client would receive her green card in the mail in the next few weeks.

The Nunez Firm handles numerous adjustment of status cases based on marriage to a US citizen. If you are contemplating the adjustment process, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will discuss your situation with you and help you better understand the options available to you.

jnunez Orange County Immigration Hearings, Successful Client Stories, Uncategorized adjustment of status, green card, marriage, Orange County, Santa Ana, Southern California, visa petition

We received news today that the fiance visa petition we filed for a Huntington Beach man and his fiance was approved by U.S. Citizenship and Immigration Services. The fiance lives in Thailand, and the couple met in Thailand three years ago. They have dated since that time, and he has visited her several times over the last few years.

In 2009, we filed an I-129F fiance visa petition with USCIS. After approximately six months or so, we received the approval notice for the fiance visa petition.

The next step is to collect the necessary documents and evidence and schedule the consular interview. At the consular interview, the consular officer will determine whether to issue the fiance visa and allow the fiance to immigrate to the United States in order to marry her fiance in Huntington Beach.

Assuming the fiance visa is approved by the consulate, the couple will have 90 days to marry beginning when she arrives in the United States. Then, the couple will file for adjustment of status to receive the green card.

Although there is substantial work to be done before the process is completed, the client was excited that the fiance visa petition was approved.

If you are considering filing a fiance visa petition for your future spouse, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will discuss your options with you and help you determine whether the fiance visa process is the right path for you.

jnunez Orange County Immigration Hearings, Successful Client Stories, Uncategorized adjustment of status, fiance visa, green card, Huntington Beach, marriage, Thailand

An  Irvine client was approved for naturalization yesterday afternoon. The client was originally from Pakistan. He obtained his green card over ten years ago; however, there was a major issue regarding his extended absences from the United States. Since obtaining his green card in 1997, he had been out of the United States for most of the time until 2006. Although he was approved for a re-entry permit twice, there was a concern that the USCIS officer might deem his permanent resident status abandoned due to his lengthy absences from the United States.

We attended the interview and I discussed the issue with the USCIS officer at length. I explained that my client had no intention of abandoning his permanent resident status and he was outside the United States because his parents wanted him to finish his secondary education in Pakistan before studying at a U.S. university. I pointed out case law such as Li v. Chertoff, which states that study abroad does not result in abandonment of residence. I mentioned Khodagholian v. Ashcroft which states that the test is whether the lawful permanent resident intended to be temporarily abroad and not whether the absence was over one year.

I discussed the issue with the USCIS officer at length, and eventually he was satisfied that my client’s absences were not indicative of an intent to abandon his permanent resident status.

If you are considering the naturalization process, contact The Nunez Firm to schedule a free consultation.

jnunez Orange County Immigration Hearings, Successful Client Stories, Uncategorized abandonment, citizenship, Irvine, lawful permanent resident, naturalization, re-entry permit

The immigration judge granted a motion to terminate deportation proceedings against my client. He was placed in deportation proceedings in the Los Angeles Immigration Court after his I-485 adjustment of status application was denied.

In 2008, USCIS denied his I-485 adjustment application stating that he failed to attend the adjustment interview with his wife. My client filed a motion to reopen with USCIS; however, USCIS transferred the case to the immigration court without making a decision on the motion to reopen. My client paid the required filing fee for the motion to reopen, and he was entitled to a decision on his motion to reopen. Today, the immigration judge in Los Angeles agreed that my client deserved a decision on his motion to reopen, and she terminated the deportation case and transferred the case back to USCIS.

Now, USCIS will hopefully reopen my client’s case and grant his adjustment of status to lawful permanent resident based on his marriage to a US citizen.

If you are currently in deportation proceedings in Los Angeles or San Diego, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will meet with you personally and help you understand the options available to you.

jnunez Los Angeles Immigration Hearings, Successful Client Stories, Uncategorized adjustment of status, deportation proceedings, green card, immigration court, Long Beach, Los Angeles, marriage, motion to reopen, motion to terminate, Southern California

We just received a notice of approval for an immigrant visa for the mother of a Santa Ana client. The daughter is a U.S. Citizen, and the mother is from the Philippines. We filed the I-130 visa petition in 2009. Because the mother of a U.S. Citizen over the age of 21 is considered an immediate relative, the annual limits on immigration do not apply; therefore, there is no waiting period (other than the standard processing time).

Although the I-130 visa petition has been approved, the mother will need to schedule a consular interview before the visa application can be approved, and she can immigrate to the United States permanently.

The U.S. Citizen daughter has also petitioned for her brothers in the Philippines; however, their visas will not be processed for several years, because annual limits apply to siblings of U.S. Citizens, and currently there is a backlog of petitions.

If you are considering filing a petition for a family member living in another country, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will meet with you in person to discuss your options and help you understand your situation more fully.

jnunez Immigration Law Information, Successful Client Stories, Uncategorized citizenship, consular interviews, consular processing, green card, Philippines, visa petition

An Orange County client that was detained in the Otay Mesa CCA detention facility in Eastern San Diego was granted cancellation of removal on Friday afternoon.

He was originally detained in September 2009 after his second conviction for a crime involving moral turpitude. Although he was eligible for removal and placed in deportation proceedings, he was eligible for cancellation of removal if we could convince the judge that he deserved to stay in the United States.

My client is a lawful permanent resident for over 40 years and since the age of six. His entire family is in the United States, and he has only visited his home country of Jordan on two occasions. Despite his criminal convictions, he is an upstanding member of his community known for being an excellent carpenter and always willing to help his friends and family when they are in need.

The judge agreed that my client deserved cancellation of removal and even stated that he was the most sincere and remorseful respondent she had ever come across. The government attorney echoed the judge’s statements.

In cancellation of removal cases, the judge weighs several factors when deciding whether to grant or deny the application. Respondents should show remorse for any crimes committed and hold themselves responsible for their convictions. If a respondent tries to convince the judge that the conviction was not his/her fault, the judge is not likely to grant the cancellation application.

If you are currently facing deportation and wish to discuss your case and the possibility of cancellation of removal, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will discuss your case thoroughly and help you understand your situation.

jnunez Orange County Immigration Hearings, Successful Client Stories, Uncategorized cancellation of removal, crimes and deportation, deportation proceedings, detention, detention facilities, immigration court, Immigration Court Proceedings, lawful permanent resident, Orange County, Otay Mesa, Southern California

I just returned from a naturalization interview at the Santa Ana office of United States Citizenship & Immigration Services. My client’s N-400 was approved even though he had criminal convictions for burglary and forgery from 1996.

Generally, the good moral character requirement pertains to the five years preceding the N-400 application (3 years in the case of a lawful permanent resident married to a US Citizen and 1 year for Armed Forces personnel); however, the Department of Homeland Security may look beyond the 5 year period when determining good moral character according to INA 316(e).

In the Ninth Circuit (of which California is part), if the applicant demonstrates exemplary conduct during the statutory period, his application cannot be denied solely on a prior criminal conviction occurring outside the statutory period. Santamaria-Ames v. INS, 104 F.3d 1127, 1132 (9th Cir. 1996).

Other courts have found that it is impermissible to rely solely on acts outside the statutory period and such reliance must be tied into current conduct. Gatcliffe v. Reno, 23 F.Supp.2d 581, 585 (D.V.I. 1998)

It is important to note that Department of Homeland Security can initiate removal/deportation proceedings if the past conduct is a ground of deportation.

In this case, my client’s criminal convictions occurred outside the statutory period of five years. The crimes were not aggravated felonies; therefore, there was no permanent bar against naturalization. My client was very pleased with the outcome, and he is excited to take his citizenship oath.

If you are considering naturalization, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will discuss your situation and help you better understand any risks involved in pursuing naturalization.

jnunez Immigration Law Information, Orange County Immigration Hearings, Successful Client Stories, Uncategorized citizenship, good moral character, naturalization, naturalization test, ninth circuit, Santa Ana