Archive

Archive for June, 2009

Immigration Court Judges Found to be Suffering from Job-related Stress and Burnout

June 29th, 2009 No comments
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A new study published by the Georgetown Immigration Law Journal found that many immigration judges adjudicating asylum cases have experienced significant symptoms of secondary traumatic stress and job burnout. According to the researchers from UC San Franciso, the symptoms could affect the judges’ decision-making processes when adjudicating immigration court cases.

Expectations for Immigration Reform Begin to Wane

June 28th, 2009 No comments
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Just hours before President Obama is scheduled to meet with members of Congress at the White House regarding immigration reform, the president’s chief of staff sought to lower expectations of when immigration reform might occur. Rahm Emanuel stated there are not enough congressional votes to pass comprehensive immigration reform at this time.

This could delay immigration reform for a couple of years. If immigration reform does not occur this year, the democrats will likely not raise the issue in 2010 due to midterm elections. Although both the House and Senate are controlled by democrats, the House majority includes many democrats from rural conservative districts that do not support legalization of the undocumented immigrants in the US.

Green Card through Marriage to US Citizen Approved for Huntington Beach Client

June 26th, 2009 No comments
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A client from Huntington Beach was granted lawful permanent resident status today in Orange County. He should receive his green card within the next month or so. He is originally from Brazil, and he came to the United States as an F-1 student visa holder. After he graduated, he obtained an H-1b visa and worked in Orange County for several years.

He started dating his wife, who is a US citizen in 2007, and they got married in 2008. After the marriage, his wife petitioned for him to adjust his status to lawful permanent resident without leaving the United States. The couple was interviewed by USCIS, and we just received the approval today.

If you are considering adjusting your status to lawful permanent resident, contact the Nunez Firm to discuss your case. Managing attorney Jay Nunez has helped countless clients adjust status and obtain their green cards.

Student Advocates Push For Dream Act to Become Law

June 25th, 2009 No comments
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The Dream Act, which was first introduced in 2001 would offer a pathway to citizenship for young illegal immigrants who were brought to the United States while still minors by their parents. High school graduates who complete two years of college or military service would be eligible to become lawful permanent residents despite their illegal entry.

On Tuesday, June 23, 2009, over 500 young people gathered in a park near the Capitol Building in Washington D.C. They wore caps and gowns and held a mock graduation calling for the Dream Act to become law. One of the speakers, Walter Lara, graduated from college with honors. He was caught by Immigration officers in Miami, and he is scheduled to be deported to Buenos Aires on July 6th.

They came to this country because of decisions their parents made, but now they are being punished as if they had any choice in the matter.

Anaheim Client Has Visa Petition Approved; Eligible to Adjust Status and Receive Green Card in Los Angeles Immigration Court

June 19th, 2009 No comments
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An Anaheim client just found out that the visa petition filed by his wife (a US citizen) was approved. He is currently in immigration court in Los Angeles. The government is trying to deport him from the United States because he does not have legal immigration status in this country. We filed a visa petition for him a few months ago with his wife as the petitioner, and we just found out the visa petition was approved.

The next step is to notify the judge that the visa petition was approved; we must file an I-485 in order to adjust his immigration status to lawful permanent resident. As long as the client is not deemed inadmissible, he should be able to adjust his status at the immigration judge’s discretion. This client has no significant criminal record that would bar him from adjusting his status. Additionally, he entered the country legally and was inspected; therefore, it is likely that he will be granted adjustment of status.

If you are currently in the United States without valid immigration status, or if you are in immigration court proceedings, contact The Nunez Firm to schedule a free consultation. The Nunez Firm will discuss your options with you and determine which immigration strategy is best for you.

K-1 Visa Petition Approved for Irvine Client’s Fiance Living in Brazil

June 15th, 2009 No comments
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My client just found out that his K-1 Fiance Visa Petition that we filed was approved by US Citizenship and Immigration Services. The California Service Center issued an approval notice for the K-1 Fiance Visa Petition that we filed seven months ago. My client lives in Irvine, and his fiance lives in Brazil.

The next step is to prepare the necessary forms (including the I-134 Form) and have the interview at the consulate in Brazil. The Brazilian fiance will attend the interview by herself. If the visa is approved by the consulate, she will be permitted to travel to the United States in order to marry my client. The couple will have 90 days to marry each other in the United States. Then, we will file the I-485 and other documents in order to adjust her status and obtain her conditional permanent resident card.

My client is very excited that his case is moving forward, and hopefully his future bride will be in the United States before the end of the year.

If you and your fiance(e) are planning to marry and wish to pursue the K-1 visa process, contact The Nunez Firm to schedule a free and confidential consultation. Managing Attorney Jay Nunez has helped many couples live together in the United States through the K-1 visa process.

Airport Laptop Searches by Immigration Agents Subject of ACLU FOIA Request

June 12th, 2009 No comments
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The American Civil Liberties Union filed a Freedom of Information Act request regarding the US Customs and Border Protection policy permitting CBP officers to search travelers’ laptops without suspicion of wrongdoing.

CBP, which is a part of the Department of Homeland Security, developed the policy in July 2008. The CBP policy allows inspectors to search the laptops, documents and other electronic devices of those entering the United States, including US citizens.

The ACLU is concerned that these suspicionless information searches violate the Fourth Amendment privacy rights and First Amendment freedoms of speech, inquiry and association.

“These highly intrusive government searches into a traveler’s most private information, without any reasonable suspicion, are a threat to the most basic privacy rights guaranteed in the Constitution,” said Catherine Crump, staff attorney with the ACLU First Amendment Working Group.

Orange County Client has Green Card Returned after Cancellation of Removal Granted by Immigration Judge

June 11th, 2009 No comments
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Several months ago, my client was granted cancellation of removal by an immigration judge in Los Angeles. Although he avoided deportation and was granted cancellation of removal, Immigration and Customs Enforcement (ICE) kept his green card. In order to obtain his green card from ICE, I had to meet with several immigration officers over the last month.

Finally, today, I obtained his green card. If you have having problems acquiring your green card from a federal immigration agency, contact The Nunez Firm today. Although the process should be simple, many immigration officers have no idea how to handle the process. Immigration officers will refer you to another agency or another office unnecessarily.

Increased Deportations Result In Increased Public Benefit Payouts to Single Parents Separated From Their Spouse

June 9th, 2009 No comments
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The federal government has increased its efforts and focus on deporting undocumented immigrants. The obvious effects include removing an undocumented worker from the United States and separating families that are well-established in this country. An often overlooked effect is that state and federal governments often end up paying increased public benefits to the family left behind in the United States.

For example, Maria Mena and her three US citizen children were recently separated from Maria’s husband and father of the children, Felipe Angelus. Mr. Angelus entered the United States illegally, and he was deported within the last year. Maria Mena is a lawful permanent resident in the United States, and her children are US citizens. Mr. Angelus worked in highway construction and supported his family financially. Due to his deportation and the loss of his income, Maria turned to Supplemental Security Income to take care of her children. Most likely Maria will be forced to pursue other public benefits programs in the future.

If you or a family member is in the United States illegally, contact The Nunez Firm to discuss your case and whether options exist to help you obtain a green card. The consultation is free and confidential. Managing attorney Jay Nunez will be able to advise you whether you have any possible avenues to legalizing your immigration status.

Mission Viejo Client, Who Was Victim of Domestic Violence, Has VAWA Application Approved

June 8th, 2009 No comments
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A female client of mine, who has been the victim of domestic violence by her husband for over a year, had her VAWA application granted by US Citizenship and Immigration Services in Vermont. This will allow her to obtain her green card, which is the next step we will be taking.

Her husband was a very controlling individual. He would not allow her to drive or get a driver’s license. He monitored her at all times and required her to call him and check in several times per day. He treated her like a servant, and punched her on three occasions, because she did not keep the house sufficiently clean.

He refused to file an I-130 visa petition and adjustment of status application for her, which would have enabled her to become a permanent resident with a green card. He would not help her acquire her green card, because he wanted to keep controlling her and manipulating her based on her lack of immigration status.

Victims of domestic violence and extreme cruelty, who are married to US citizens or lawful permanent residents can apply (by themselves) to obtain VAWA relief and a green card. If you are a victim of domestic abuse, contact The Nunez Firm to discuss your case. The consultation is 100% confidential and free.

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