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Archive for October, 2010

Naturalization Granted for Aliso Viejo Client

October 28th, 2010 No comments
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This morning, a naturalization client of mine was approved at the USCIS office in Santa Ana. There were no issues whatsoever, and the interview lasted approximately 15 minutes. Although there were no criminal convictions or long absences from the United States, she felt more comfortable having me represent her and handle the process for her. She did not want to encounter any delays or mistakes in the application process.

She passed the naturalization civics test and English test easily. She lives with her family in Aliso Viejo, and they are all very pleased with the outcome.

If you are considering the naturalization process, and would like to discuss your case with an experienced immigration attorney, contact The Nunez Firm to schedule a free and confidential consultation. Managing attorney Jay Nunez will take time to meet with you and discuss your case.

Green Card Based on Marriage Approved for San Clemente Client

October 19th, 2010 No comments
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At an interview this morning, my San Clemente client was approved for a green card based on his marriage to a US citizen. The client is originally from Germany and he entered on a student visa several years ago. While living in Orange County and studying at Chapman University, he met his wife and the couple married a few years later. She petitioned for him to become a lawful permanent resident with a green card. Today, the I-130 visa petition and I-485 were approved along with the other necessary forms. Now, the couple is living in Orange County, California. He is very happy that he will be able to live and work in the United States indefinitely.

Generally if an alien marries a US Citizen, s/he is eligible to become a lawful permanent resident. The alien must have entered the United States legally in order to adjust status and obtain a green card without leaving the country to consular process. If the alien entered the United States legally, s/he can generally become a lawful permanent resident under INA 245 without leaving the United States. Exceptions include a significant criminal record, entry as a K-1 visaholder, or entry as a foreign national crewman among others. The petitioner must be financially able to sponsor the beneficiary spouse. If the petitioner’s income does not qualify, a joint sponsor must agree to help.

The adjustment of status process can be complicated in some cases, and it is best to consult with an experienced immigration attorney. If you are considering the adjustment of status process based on marriage to a US citizen, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally discuss your case with you and help you understand your options and the process.

Arizona Is a Haven for Refugess Despite Being the Scourge of Illegal Immigrants

October 17th, 2010 No comments
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Apparently, in Arizona, illegal immigrants get the boot. But refugees get the welcome mat. Only three states accepted more refugees on a per capita basis over the past six years. Furthermore, Arizona took nearly twice as many refugees per capita as its liberal neighbor, California, and more than twice as many per capita as New York, New Jersey and Connecticut.

According to the vice president at the International Rescue Committee, which resettles refugees in a dozen states, in the degree of welcome and receptivity, he would certainly put Arizona at the top.

The work contrasts with the state’s renown as the scourge of illegal immigrants, whom critics blame for driving up crime, stealing jobs and burdening hospitals and schools.
In addition, the State Senator, a Republican who is a leading critic of illegal immigration claimed they are not anti-immigrant, however they expect people to follow the law.

Numerically, the groups do not compare; Arizona took in about 4,700 refugees last year, but is thought to have about 375,000 illegal immigrants. Refugees are not economic migrants but survivors of war and persecution whom the United States admits for humanitarian and foreign policy reasons.

Arizona first drew refugees because the cost of living is low, and until the recession the state had lots of entry-level jobs open to non-English speakers, like housekeeping and lawn care.
Last year, the federal government admitted about 75,000 refugees, out of 10.5 million worldwide, and it covers most resettlement costs. State officials administer the money and help decide how many refugees they can take; private agencies do the casework, helping find housing and jobs.

The flip side of the Arizona story includes the Maricopa County sheriff, Joe Arpaio, who courts a national following by advertising his toughness toward illegal immigrants
Mr. Arpaio conducts frequent raids on immigrant neighborhoods, stopping people for minor infractions and reviewing their immigration status. He says these raids have netted many illegal immigrants. Critics say they spread fear and harass legal residents.

Victor Acevedo, an illegal immigrant from Mexico, said he was stopped in January after failing to use his turn signal and was found with a small amount of marijuana. He is now awaiting deportation in one of Mr. Arpaio’s famed prison tents, dressed in the standard outfit: black stripes and pink underwear.  In a tent-side interview in 107-degree heat, Mr. Acevedo, 29, said he came nine years ago for a better livelihood, found a landscaping job, married an American and had two American-born sons. He was deported in 2008 but then returned a year later to be with his family.

Refugees seem slow to sympathize. The two groups often compete for jobs or housing, and some refugees say Latino gangs have preyed on them. A refugee acknowledged that he, too, crossed a border illegally when he fled to Kenya.  However in the US the situation is different: you need documents!

United States Immigration System Might Be The Biggest Obstacle Standing In The Way Of Boxer’s Quest For Olympic Gold

October 15th, 2010 No comments
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The stellar record of the amateur boxer Erick De Leon, who is undefeated in this country for three years in his weight class, should make fighting for the United States in the 2012 Olympics a natural next step. However, De Leon’s biggest fight is not in the ring, but with the United States immigration system.

De Leon, now 18, was born in Mexico. His parents brought him to the United States when he was 6, but because of the difficulties in acquiring citizenship for minors, they never bothered to apply.

The lack of citizenship did not hold back De Leon as he won many championships. But in an Olympic qualifying year, noncitizens are prohibited from fighting in national championships.
That realization left De Leon and his coaches scrambling this summer to expedite his citizenship application, a process that normally can take months. De Leon must have his citizenship by the end of this year to compete in qualifying for the 2012.

Ed Weichers, a coach with USA Boxing, the national governing body of amateur boxing, said that De Leon deserved the opportunity to fight for the United States — for no more reason than that American boxers do not want to have to face De Leon fighting for Mexico.

De Leon, a natural left-hander, grew up from the age of 7 fighting right-handed, much like his boxing idol Oscar De La Hoya. Aguilar, who is also left-handed, began training De Leon as a left-hander as soon as he realized De Leon’s natural inclination about six years ago.

According to De Leon, he has no doubt that if he got his citizenship, he could win the gold for the United States. “It’s just the gold that I want,” he said. “I don’t like losing.”

Naturalization Granted for Ladera Ranch Client Based on INA 319(a)

October 13th, 2010 No comments
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Naturalization was granted for an Orange County client, who has been a lawful permanent resident for three years. Generally, a lawful permanent resident is eligible for naturalization after having a green card for five years. However, there are exceptions to the rule. Under INA 319(a), if a permanent resident has been married for three years to a US citizen and had lawful permanent residency for three years, she can apply for naturalization. The naturalization applicant must provide proof that the couple has been living in “marital union” for the entire three years.

In this case, we provided many documents showing the couple has been living in marital union for the last three years including joint bank records, bills, and lease agreements among many other documents. At the interview, everything went smoothly. The client did a great job with the civics and English tests.

The client, who lives in Ladera Ranch, was very pleased with the outcome, and she intends to petition for her parents to immigrate from their home country as soon as she takes the naturalization oath.

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 free and confidential consultation to discuss your case.

Voto Latino Launches Effort to Register Voters In Favor of The Dream Act For November Election

October 8th, 2010 No comments
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Voto Latino joins the United We DREAM Network, the Generational Alliance, and the United States Student Association (USSA) to launch Vote4Me2010.com (Vote4Me). Vote4Me mobilizes Dream Activists to register American eligible voters for the mid-term November 2nd election.

The DREAM Act (The Development, Relief & Education for Alien Minors Act) provides a pathway to citizenship for children who came here undocumented by either serving in the military or attending college and keeping good standing in both.

The voter registration initiative was sparked by Sen. Richard Durbin (D-IL) comments at a press conference last week on Capitol Hill. The Senator from Illinois addressed Dream Activists and their advocates after the amendment to the Department of Defense legislation failed.  “Draw into your ranks allies…voters, those who are prepared to vote in this election…And build your ranks, build your ranks. Beyond the undocumented, bring those in who are active politically who can be involved in campaigns,” Senator Durbin stated.

Meg Whitman Seen As a Hypocrite on Immigration

October 5th, 2010 1 comment
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Gubernatorial candidate Meg Whitman made herself into a very large target at UC  Davis when she declared: “We do have to hold employers accountable for hiring only documented workers, and we do have to enforce that law.”

Despite the revelation the next day that she herself had employed an illegal immigrant maid for nine years — unbeknownst to her, she says — Whitman repeated the admonition in a second contentious encounter with Brown on Saturday at Cal State Fresno:

“If we don’t hold employers accountable, we will never get our arms around this [illegal immigration] problem.”

Whitman admitted employing an illegal immigrant before her former housekeeper, Nicky Diaz, appeared with attorney Gloria Allred to accuse Whitman of knowingly violating federal law and “throwing me away like a piece of garbage” once her employment became politically unpalatable.

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