OC Immigration Attorney

We received the good news that our I-485 adjustment of status application was approved for a Huntington Beach client, who is originally from Canada. He has been married to his wife for 8 years, and they have a 7 year old daughter together. He entered the United States in 2001 legally, but without a visa (because Canadians are not required to have a visa). After he arrived in the United States, he never left.

He has worked as a contractor since that time. Finally, his driver’s license was set to expire, and he could not renew it unless he obtained his lawful permanent residence, which is why he finally came to me to finalize the green card process.

At the interview, everything went smooth, with a small setback, that we suspected might occur. Unfortunately, his wife lost her job after we filed the paperwork, but before the interview; therefore, we were asked to locate a joint sponsor and file the I-864 before the officer could approve the case. Once we filed the I-864, we received an approval on the I-485 within a few weeks.

The couple is extremely happy that his status is secure, and they can continue living in Orange County indefinitely. If you are married to a US citizen and are considering the adjustment of status process, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez has helped countless married couple with the adjustment of status process, and he will personally discuss your case with you in a confidential manner.

We just received the great news that an I-751 was approved for my clients in Irvine. The husband received his conditional green card in 2006. In April 2008, they timely filed the I-751 to have the conditions removed from his permanent residency.

By July 2009, USCIS still had not contacted them regarding the status of the case or scheduling an I-751 interview. They came to me to see what I could do about the unusually long delay. I immediately wrote to USCIS to inquire about the case. Two months later, I went to an Infopass appointment to follow up.  I followed up again in early 2010.

In April 2010, USCIS sent a request for evidence asking for any and all proof of their good faith marriage. At the time, the couple lived apart, because the husband had lost his job in Orange County, and the only place he could find work was in Illinois. We included all types of evidence of good faith marriage including travel itineraries and hotel reservations showing that the couple visited each other often. We included proof that the husband was constantly trying to find a job in southern California, so he could move back home to be with his wife. The final packet of evidence was over 200 pages. My strategy was to completely overwhelm the USCIS officer in charge of reviewing the evidence. We mailed the reply to the request for evidence in mid-July.

Clearly USCIS was quickly convinced, because we just received the approval. The client was ecstatic. This process has been haunting him for the last four years, and now he is done with it.

If you are required to file the I-751 soon, call The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez has handled all aspects of the adjustment of status process including removal of conditions.

I just returned from an adjustment interview at the USCIS office in Santa Ana, California, where the USCIS officer approved the adjustment of status application for my Aliso Viejo client and her son. She is originally from Brazil, and she married her US citizen husband in January 2010. We filed for the adjustment of status one month later. The couple dated for one year before marrying. Both of them had been previously married; therefore, we provided proof of divorce along with evidence of the good faith marriage. The US citizen husband also petitioned for his stepson, who is only 5 years old.

The USCIS officer asked them a few questions about how they met and when they decided to get married. He commented on the fact that they married shortly after the husband’s divorce was final, but ultimately determined he was confident that the marriage was entered into in good faith and was not fraudulent.

This has been a great month for the couple. Two weeks ago, they gave birth to their first child together – a beautiful baby girl. Now, the whole family is certain to remain together in the United States. I am very happy for them and wish them all the best.

If you are married to a US citizen and are considering the adjustment of status process, contact The Nunez Firm to schedule a free and confidential consultation. Managing attorney Jay Nunez has helped countless couples stay together in the United States on a permanent basis.

This morning my Canadian client was approved for lawful permanent resident status based on her marriage to her US citizen husband. The couple started dating over three years ago. She often visited the US to spend time with her (then) boyfriend. In December 2009, she visited and they decided they wanted to get married. They moved to California together, and they married in March 2010. I began representing them with the adjustment process after that. We filed the I-485 and I-130 a month later.

The couple is young and the husband’s income was not sufficient for him to act as the sole sponsor; therefore, his father acted as the joint sponsor. Applicants for adjustment of status based on marriage must show that they have sufficient financial support and they are not likely to become a public financial charge. The sponsor, or in this case joint sponsor, must earn at least 125% of the federal poverty guidelines. The husband’s father easily met this requirement, and the USCIS officer did not view my client as likely to become a public charge.

Because the couple has been married for less than two years, she will be a conditional permanent resident for the next two years. Between May 23, 2012 and August 23, 2012, she will need to file the I-751 petition to remove conditions, so that she can remain a lawful permanent resident.

For now, the young couple is excited to have this step behind them, and they look forward to living in their new apartment in Westminster, and I overheard rumors of possible puppy adoption.

If you are considering the adjustment of status process, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will meet with you during a confidential consultation and help you determine if adjustment of status is right for you.

I attended an interview in Santa Ana this morning with my married clients from Fountain Valley. The couple met two years ago while living in Hawaii. The husband is originally from Japan, and the wife is a US citizen. He visited in February of this year and they decided to get married. After the wedding, we filed for adjustment of status so the husband could obtain permanent residence in the United States.

The USCIS officer, who I have worked with on many other cases, was very polite and patient, as the husband is still learning English. She asked questions about how they met each other and when they decided to get married. We brought photos of the couple with family and on vacations together. The officer approved the case on the spot. We will likely receive the green card within the next month or so.

I explained to the couple that they will need to file an I-751 in Summer 2012 to prove to USCIS that the marriage was entered into in good faith and to have the conditions removed from the green card. I gave them a thorough list of documents they should collect over the next two years in preparation for the I-751 filing.

If you are married to a US citizen and are considering the adjustment of status process, call The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will meet with you and answer your questions to help you determine if adjustment of status is appropriate for your case.

We just received the great news that one of our Irvine clients was approved for adjustment of status based on her marriage to her US citizen husband. The couple has been married for several years; therefore, she was approved for permanent residence rather than conditional residence. There was an issue with prior criminal convictions because she was convicted of a crime in Las Vegas a few years ago. However, we were able to allay the officer’s concerns and avoid the waiver application process. I spoke with the officer for a long while and explained to him why the conviction was not a bar to admission. I explained that the petty offense exception applied in this case, and he eventually agreed.

The couple is excited to be done with the adjustment of status process, and they can move forward with their lives and their children without any fear that she might be forced to move back to her home country of South Korea.

If you are considering the adjustment of status process, contact The Nunez Firm to schedule a free consultation with managing attorney Jay Nunez.

My client from Newport Beach was just approved for naturalization after our successful interview this morning at the Santa Ana USCIS office. She has been a lawful permanent resident for three years. Generally, aliens seeking naturalization must have their green cards for five years before they are eligible for naturalization. There are several exceptions to this rule. For example, if an alien has been married to a United States citizen for over three years and has had lawful permanent residence for over three years, s/he can naturalize.

In this case, my client has been married for four years, and she has been a lawful permanent resident for over three years. The interview went smoothly. The USCIS officer asked to see documents proving that her marriage was entered into in good faith. We provided joint tax returns, life insurance documents, joint bank account information and evidence of joint investment in real estate. The officer was quickly convinced of the validity of the marriage and the case was approved after a thirty minute interview.

My client is very excited. She intends to petition for her children to obtain immigrant visas so they can come to the United States from Europe.

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 confidential setting and help you determine if naturalization is the right option for you.

We just received the news that a green card was approved for one of our VAWA-approved clients in Orange County. The VAWA case was approved earlier this year. The I-485 application for lawful permanent residence was filed previously by her ex-husband while the couple was still married. After the couple split up, we filed for VAWA and asked USCIS to hold the I-485 in pending status while we waited for a VAWA decision. USCIS agreed, which made it so that our client would not need to pay the I-485 application fee ($1010) again.

After we received the VAWA approval, we asked USCIS in Santa Ana to schedule an adjustment of status interview to finalize the process. We had the interview last week, which went smoothly, and we just received the I-485 approval. The client is very happy that her case was successful and she never again needs to rely on her abusive ex-husband to help her with her immigration status.

If you are currently married to an abusive spouse that is a US citizen or lawful permanent resident, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally discuss your case with you and help determine whether VAWA is a viable option for you. The Nunez Firm handles many VAWA cases every year, and understand the Violence Against Women Act thoroughly.

At the naturalization interview this morning, USCIS approved the N-400 application for naturalization for a client from Coto De Caza in Orange County. He is originally from Switzerland, and he came to the United States 15 years ago. He acquired his permanent resident status 12 years ago through his marriage to his US citizen wife. He decided earlier this year that he wanted to become a US citizen, so that he could vote in elections.

The interview went smoothly and we were well prepared. The client passed the English and civics exam. The officer approved the case on the spot, and we should receive the appointment letter for the oath ceremony within the next few weeks.

The client was very excited about the approval, and is excited to vote in Fall elections.

If you are considering naturalization, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will discuss your situation with you and help determine whether there will be any issues or complications with the naturalization process.

We just received the good news that the I-751 for a couple in Corona Del Mar in Orange County was approved by USCIS. The couple has been married for almost 4 years now. She originally came to the US from Germany as an F-1 student. She met her husband while studying and the couple married in 2006. They applied for her conditional permanent residence shortly after the wedding. They have lived together in Costa Mesa and Corona Del Mar since that time.

As required by the Immigration and Nationality Act, we filed the I-751 to have the conditions removed in 2009. We included documents tending to show that the couple lived together as husband and wife and conducted themselves as any married couple might. We included auto insurance documents, health insurance documents, joint tax returns, photos, utility bills, Netflix delivery receipts and other evidence. Additionally, we included statements from neighbors stating that they knew the couple and saw them together on a daily and weekly basis.

The couple was very pleased with the approval, and they look forward to many years together in Orange County. The wife will be eligible to naturalize as a US citizen, if she so chooses within the next several months.

If your deadline for filing the I-751 is approaching, contact The Nunez Firm to schedule a free consultation. We can help you with the I-751 process to remove the conditions on your permanent residence. Managing attorney Jay Nunez has helped many clients gain approval of their I-751 either as joint petitions or through the use of a waiver of the joint filing requirement.