OC Immigration Attorney

We just received an approval notice for adjustment of status based on a National Interest Waiver. The National Interest Waiver is available to EB-2 category aliens that can show that the alien seeks employment in an area of substantial intrinsic merit, the benefit to the United States will be national in scope, and the national interest would be adversely affected if a labor certification were required. Having exceptional ability in a given field is not sufficient on its own to grant the waiver. The alien self-petitioner must prove that the benefit his/her skills would provide substantially outweighs the inherent national interest in protecting US workers, which the labor certification process achieves.

In general, USCIS will look at seven evidentiary factors when adjudicating a National Interest Waiver:

1. Improving the US economy
2. Improving wages and working conditions for US workers
3. Improving education and programs for US children and underqualified workers
4. Improving health care
5. Providing more affordable housing
6. Improving the US environment and making more productive use of national resources
7. Interested government agency request

Generally with an EB-2 case, the alien applicant must have a job offer and labor certification; however, the National Interest Waiver, if approved, waives this requirement. The EB-2 category benefits members of professions holding advanced degrees or their equivalent, or who because of their exceptional ability in the sciences, arts or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the US and whose services are sought by an employer in the US. Due to backlogs in the EB-3 category, the EB-2 category is highly sought after.

Our client, who entered the US on a visitor visa, was very happy to hear about the approval of the green card. USCIS adjudicated the case in approximately one year, but our client received work authorization about three months after we filed the case. Although we received a Request for Evidence, we were pleasantly surprised that it did not include overly burdensome requests and merely asked for any updated information on job offers and publications.

The client has since accepted a job offer from an American university and he and his wife are excited to start their lives in the United States with full confidence that this will be their new home indefinitely.

If you are considering employment based permanent residency, the EB-2 process or a National Interest Waiver, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally meet with you to discuss your case and the options available to you.

We received great news that one of our Orange County clients was approved for naturalization recently. He has been a permanent resident for over 8 years. He is married to a US citizen and their children live in the United States. He is originally from Germany, but he finally decided he wanted to become a US Citizen.

The process went smoothly. The only issue was the client’s extensive travel outside the U.S. Although none of his trips lasted over six months, we had to provide USCIS with a complete analysis of his foreign travel history for the last five years.

The USCIS officer was satisfied that my client met all the requirements for naturalization and approved the case on the spot. We expect that we will receive a notification for the oath ceremony in the next month. If you are considering the naturalization process, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally  meet with you to discuss the process and how we can help you navigate the immigration system successfully.

The Supreme Court on Monday agreed to decide whether an aggressive Arizona statute targeting illegal immigrants interferes with federal law, entering another high-profile dispute between the Obama administration and conservative state governments.

Among other provisions intended to drive illegal immigrants from the state, the 2010 Arizona measure, known as SB 1070, requires police to arrest people they stop whom they suspect of being foreigners without authorization to reside in the U.S. Federal courts have blocked much of the Arizona measure from taking effect, agreeing with the Justice Department that it undermines federal authority over immigration.

The U.S. Supreme Court is likely to hear the case by April and issue a decision before July. That is the same time it is expected to rule on the president’s 2010 health-care overhaul, which conservative activists and Republican leaders from 26 states contend exceeds federal authority.

The scheduling positions both cases for a significant role in next year’s presidential and congressional elections—and could make the Supreme Court, certain to be criticized by the losers in each case, itself an issue. Four of the nine justices are in their 70s, suggesting the next president could have at least one vacancy to fill on the closely divided court.

Arizona has become the center stage of the immigration debate over the last few years. Many other states have followed Arizona’s aggressive approach towards illegal immigration.

TRAC released a report a few days ago regarding deportation and removal statistics over the last two years.

In deportation proceedings initiated during July – September 2011 by the Immigration and Customs Enforcement (ICE) in the nation’s 50 plus Immigration Courts, only 7,378 individuals — just 13.8 percent of the total — were charged with having engaged in criminal activities. Of those targeted, the proportion of alleged “criminals” is down significantly from the already low level of 16.5 percent during FY 2010.

Not only has ICE targeted relatively few criminals as the basis for seeking deportation in these court proceedings, but this proportion has been declining steadily throughout the past year: 15.8 percent were charged with engaging in criminal activity during the first quarter period (October – December 2010), 15.1 percent during the second quarter (January – March 2011), 14.9 percent during the third quarter (April – June 2011), and finally 13.8 percent during the fourth quarter (July – September 2011). The average rate across the four quarters for FY 2011 was 14.9 percent.

TRAC’s findings appear to contrast sharply with the White House’s announcement that: “Under the President’s direction, for the first time ever the Department of Homeland Security has prioritized the removal of people who have been convicted of crimes in the United States.” The findings also are hard to reconcile with ICE’s recent press statements that claimed that during the past year the agency had targeted a large and increasing number of convicted criminals for deportation.

If you or a loved one is in immigration court proceedings and need attorney representation, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally meet with you during a free consultation to discuss and explain the options available to you.

One of our Orange County clients was approved to have the conditions on his permanent residency lifted. Now that his I-751 has been approved, the Huntington Beach client is a permanent resident indefinitely.

He obtained his permanent residency in 2009 through his marriage to his US citizen wife. The couple lived together in Costa Mesa and worked together as trainers. After a few months of marriage, she became very controlling and even violent at times. He stayed with her and endured her manic behavior and abusive treatment because he hoped that it was work and stress related, but the abuse increased in regularity and intensity over time. It got to the point that he dreaded going home.

After being married for almost two years, he filed for divorce after she threw a metal object that barely missed his head. As a result of the assault, he called the police and she was arrested. He filed for a restraining order, which was granted.

The USCIS officer regarded our petition and supporting evidence as very thorough and convincing and granted the case at the end of the interview. My client was very happy with the outcome and was happy not to have to worry about having to move home as a result of his wife’s violent behavior.

If your conditional residency is expiring  within the next six months and you would like to discuss the I-751 process, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez has helped countless couples and individuals with the I-751 process, and he can help you better understand your situation and the options available to you.

The House voted Tuesday to end per-country caps on worker-based immigration visas, a move that should benefit skilled Indian and Chinese residents seeking to stay in the United States and the high-tech companies who hire them.

The legislation, which passed 389-15, was a rare example of bipartisan accord on immigration, an issue that largely has been avoided during the current session of Congress because of the political sensitivities involved.

The measure would eliminate the current law that says employment-based visas to any one country can’t exceed 7 percent of the total number of such visas given out. Instead, permanent residence visas or green cards would be handled on a first-come, first-served basis.

The bill, said its sponsor, Rep. Jason Chaffetz, R-Utah, “does encourage high-skilled immigrants who were educated in the U.S. to stay and help build our economy rather than using the skills they learned here to aid our competitor nations.”

Currently, the State Department issues about 140,000 such green cards a year to foreign nationals working in the United States, often after getting degrees from U.S. universities.

The bill also changes family-based visa limits from 7 percent per country to 15 percent per country, an adjustment that could slightly ease the backlog for naturalized citizens, particularly from Mexico and the Philippines, trying to bring relatives into the country.