Archive

Archive for August, 2009

Immigrants in Detention Facilities Living in Deplorable and Dangerous Conditions Have New Hope

August 28th, 2009 No comments
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Since the early 1990s, the detained immigrant population has increased 500%. The majority of the aliens in U.S. detention facilities are not criminals and have not committed any crimes. The immigration detention facilities are riddled with violations of the federal government’s own standards for detention.

Recognizing that the U.S. immigrant detention system is an embarrassment for a country that prides itself on its human rights record, the Immigration and Customs Enforcement (“ICE”) agency recently announced an overhaul of the system. The Obama administration and the new director of ICE, John Morton, intend to creat “a truly civil detention system.” The new administration hopes to avoid the well-documented abuses of the past including health care horror stories that have resulted in lawsuits against the federal government.

If your loved one is currently in detention or needs other immigration help, contact The Nunez Firm to discuss the case. The Nunez Firm offers free and confidential consultations, which will give you a better understanding of the options available to you.

Customs Officer tells Nobel Peace Laureate to “get used to” immigration detention

August 25th, 2009 No comments
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When Nobel Peace Laureate Mairead Maguire told the U.S. Immigration Officer at Dulles airport that she was a Nobel Peace Laureate and showed documents concerning the Peace Laureate meeting in New Mexico, the Immigration Officer sarcastically said that detention “is going to happen every time you enter the United States,” and “you should get used to it.”

It was the second time Ms. Maguire had been detained by U.S. immigration officials in the last three months. In May 2009, she was detained for several hours after attending a Nobel Peace Laureate meeting in Guatemala. The detention caused her to miss her connecting flight. When she asked the inspecting officer what she could do to avoid future detention problems, he told her to obtain a ten year visitor’s visa.

Shortly thereafter, Ms. Maguire applied for and was granted a ten year visa; however, when she returned to the United States, she was detained once again.

If you or a loved one is being detained or needs help obtaining a visa, contact The Nunez Firm to discuss your case during a free and confidential consultation.

Immigration Raids Result in Lawsuit Against Sheriff Arpaio

August 20th, 2009 No comments
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Two men, Julian and Julio Mora, have filed a civil complaint against Sheriff Arpaio in Arizona. The complaint alleges that Sheriff Arpaio and his deputies violated the Fourth and Fourteenth Amendments of the Federal Constitution. Additionally, the men allege that they were assaulted, falsely arrested and imprisoned and suffered intentional infliction of emotional distress due to the incident. This is the first lawsuit to result from Sheriff Arpaio’s practice of raiding businesses and detaining everyone on the premises for fraud and identity-theft claims. “Every time he conducts a raid, he detains everybody on site,” said Annie Lai, one of the Moras’ lawyers.

Although Julio Mora, 19 years old, was born in the United States and is a U.S. Citizen, he was detained for hours during the raid. His father, Julian Mora, is 66 years old and has lived in the United States for 30 years. He is a lawful permanent resident (green card holder) and is authorized to work in the United States.

For his part, Sheriff Arpaio does not apologize in the slightest. “This lawsuit is just another way to intimidate me; it’s political,” said Arpaio. “They’re using a couple of instances to further their own philosophy.”

The Moras are represented by the ACLU, and their attorneys warn, “If it occurred to these folks, it could occur to anybody here in Maricopa County,” said Dan Pochoda, legal director for the Arizona ACLU.

If you are currently working or living in the United Status without immigration status, contact The Nunez Firm to discuss your options and possible strategies to obtain legal immigration status. The Nunez Firm offers free consultations.

Employment Authorization Approved for Victim of Domestic Violence Client from Orange County

August 17th, 2009 No comments
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My client received her employment authorization card today. She was married to a US citizen who abused her and their son. He beat her, and threatened her with deportation on several occasions.

We filed for VAWA in order to obtain a green card based on the domestic abuse she suffered. The couple is currently going through divorce proceedings. The husband refuses to pay any child support, but my client will now be able to work in order to provide for her son.

While we wait for a decision on the VAWA application, she will be attending school and working in Orange County. It will likely take another 10 months until we receive a decision from the Vermont Service Center of US Citizenship and Immigration Services.

If you or a loved one has been victimized by domestic abuse, contact The Nunez Firm to discuss your case. The Nunez Firm may be able to help you obtain a green card due to the domestic abuse you have suffered.

Green Card Approved for Newport Beach Client After Marriage to U.S. Citizen

August 8th, 2009 No comments
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A Newport Beach client who married her husband in 2008 was approved for a green card and lawful permanent resident status this week. She is originally from Japan, and her husband is a US Citizen. The couple has been together since 2007, and they currently live in Newport Beach in Orange County, California. Shortly after their marriage in 2008, they came to The Nunez Firm looking for representation in the adjustment of status process.

She originally entered the United States on an employment-based visa. While working in Irvine, she met her husband, and they were married one year later. We filed the necessary forms including the I-130, I-485, I-864, I-765 and all the necessary evidence and accompanying forms in 2008. I attended the adjustment of status interview with the couple earlier this year, and we recently received the approval notice. Because the marriage is less than two years old, she will be a conditional lawful permanent resident for two years. Once the two year deadline is drawing to a close, she will file an I-751 jointlywith her husband along with evidence proving their marriage is bona fide and valid. If all goes well, the conditions will be removed. She will be eligible to become a naturalized citizen three years from now.

The adjustment of status process is as follows: Once the couple marries in the United States, the US citizen files an I-130 visa petition along with the I-485 adjustment of status application with the National Benefits Center in Chicago. Along with these forms, the couple should include an I-864, G-325A form for both petitioner and beneficiary, proof of US citizenship for petitioner, certified copy of the marriage certificate, and proof that all previous marriages have been terminated. Other forms and evidence may be required depending on the specific facts of the case. Once the forms and evidence are filed, an interview will be scheduled for the petitioner and beneficiary. The couple is allowed to bring an attorney with them to the interview. If all goes well at the interview, the alien spouse will be granted conditional permanent resident status.

Although obtaining a green card based on a marriage to a US citizen is a common process, it can quickly become complicated, delayed and problematic if not done correctly. It is important to consult with an experienced immigration attorney before beginning the process. Failing to provide the correct evidence and forms to the US Citizenship and Immigration Services can result in extensive delays and denials.

The Nunez Firm offers free consultations in order to discuss your immigration situation and explain the immigration options available to you. Contact The Nunez Firm today to schedule an appointment.

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