OC Immigration Attorney

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.

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.

Capitol police arrested Antonia Rivera, a UC Irvine graduate, of Santa Ana, and 11 other young people for disorderly conduct as they sat in a circle in the middle of the Hart Senate Office Building. Nine more activists were arrested later Tuesday for unlawful entry at the offices of Senate Majority Leader Harry Reid, D-Nev., and Sen. John McCain, R-Ariz.

The actions were intended to convince lawmakers to support the DREAM Act. The bill would give a chance at legal status to people brought illegally to the United States at a young age and who were educated here.

However, opponents say passing such a measure would reward illegal behavior and that people who crossed the border illegally or who overstayed their visas should not be allowed to remain.

DREAM Act supporters planned a vigil outside the jail Tuesday night to show support for the arrested activists.

A spokesman for Senate Majority Whip Dick Durbin, D-Ill., who authored the DREAM Act, said the sit-in “crossed the line from passionate advocacy to inappropriate behavior.”
The sit-in came as hundreds of other activists from around the country – including a half dozen from Orange County – marched around the Capitol chanting “DREAM Act now” and “Education, not deportation.” The group also staged a “mock graduation” nearby to highlight the fact that many illegal immigrants have university degrees but are unable to work in their field.

But the most dramatic protest of the day came on the floor of the Hart building, as Rivera and the others, all dressed in graduation cap and gowns, sat silently in a circle surrounding banners which read “Undocumented and Unafraid” and “DREAM Act Now.”

Moments later, about 10 police officers arrived and told Rivera and the others that they were violating the law, warning the activists to leave or they would be arrested. Since the activists didn’t’ budge, they were handcuffed and taken to jail.

DREAM Act supporters have acknowledged it is highly unlikely that the plan will be considered before the November elections. Other activists who traveled from Orange County for the protest said they were proud of the arrested students and they would continue fighting.

If you want Congress to pass The DREAM Act, which would allow undocumented aliens that were raised in the United States through no choice of their own and have not committed any crimes, write the following letter to your congressperson. You can find out who your congressperson is at this website.

Representative ———-
(Address)

Dear Representative ———:

As your constituent, I write to ask you to co-sponsor the DREAM (Development, Relief, and Education for Alien Minors) Act.

The DREAM Act is a bipartisan proposal, which would create a pathway to citizenship for thousands of young students who were brought to the United States years ago as children.  These children have grown up in our communities and include honor roll students, star athletes, talented artists, homecoming queens, and aspiring teachers, doctors, and U.S. soldiers.

Even though they were brought to the U.S. years ago as children, they face unique barriers to higher education, are unable to work legally in the U.S., and often live in constant fear of detection by immigration authorities.  Our immigration law currently has no mechanism to consider the special equities and circumstances of such students. The DREAM Act would eliminate this flaw.

I have family members and friends that are in this position, and they deserve to have legal status in the United States so that they can attend college or join the military.

I urge you to cosponsor the DREAM Act by contacting Senators Richard Durbin or Richard Lugar in the Senate or Representatives Howard Berman or Lincoln Diaz-Balart in the House of Representatives.

Thank you,

The wife is originally from Colombia, and the husband is from Missouri. They met while she was studying in the Irvine as an F-1 student. He was in the military stationed at Camp Pendleton. They met online and went on several dates together including the Military Ball in Las Vegas. They decided to marry in early 2009 before he left for Afghanistan. When he returned late last year, we began the process of adjusting the wife’s status to lawful permanent resident.

Yesterday we had the interview with a USCIS officer in Santa Ana. Everything went smoothly and the officer approved the case on the spot. We should receive the green card in the mail within the next few weeks. The couple was very excited to be done with the process and they look forward to moving forward with their new life together.

I advised them that they should collect any and all documents that evidence a good faith marriage for the next two years. Two years from now they must file the I-751 petition to remove the conditions on the wife’s permanent residence. They should collect any insurance documents including life, auto, health, etc. which list the spouse as the beneficiary. They should collect any bank account information for joint accounts and they should file joint tax returns as well. I gave them a long list of documents to hold onto over the next two years so that the I-751 process will go smoothly.

If you are considering the adjustment of status process based on marriage to a US citizen, contact The Nunez Firm. Managing attorney Jay Nunez has helped countless couples achieve their immigration goals and stay in the United States together. We offer free consultations to discuss your case and the options available to you.

We just attended an interview this morning for a marriage based green card for a young couple in Orange County. The couple has known each other for 7 years, but they started dating one year ago. They decided to get married a few months later and in November of last year they were married. Today we had the interview with USCIS in Santa Ana, and the officer approved the case.

The wife is a citizen from Brazil and the husband has lived in Orange County for most of his life including Irvine and Dana Point. She received her conditional lawful permanent residence status today, but her green card will not arrive for another month.

In two years, they will apply to have the conditions removed on the green card by filing the I-751 along with proof of their valid marriage.

If you are interested in obtaining lawful permanent resident status based on your marriage to a US citizen, contact The Nunez Firm today to schedule a free consultation. Managing Attorney Jay Nunez practices immigration law exclusively and has helped many couple secure permanent resident status in the United States.

We just found out that a green card and adjustment of status were approved for a client in Newport Beach. She is originally from the Netherlands, and she married her husband in 2009, after dating for several years. They currently live in Newport Beach in Orange County, California. Shortly after the wedding in 2009, they came to The Nunez Firm looking for legal representation in the green card and adjustment of status process.

The wife originally entered the United States on an employment-based visa in 2006. While working in Irvine, she met her husband, and they married in 2009. We filed the necessary forms and all the necessary evidence earlier this year. I attended the adjustment of status interview with the couple, and we recently received the approval notice. Because the marriage is less than two years old, she will need to file for the removal of conditions in 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 naturalize as a US citizen (if she wishes to do so) three years from now.

The general 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. 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 for two years.

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 your immigration options. During your consultation, managing attorney Jay Nunez will personally discuss your case with you in a confidential setting.

We just received the wonderful news that an I-601 appeal was approved for one of our clients in Orange County. Over one year ago, the client came to me regarding his wife’s I-601 that had been denied in Ciudad Juarez. He was very upset and did not know what to do. I advised him that we had two options. First, we could file another I-601 with the consulate in Ciudad Juarez. Second, we could appeal the decision to USCIS in Texas. Ultimately, we decided that we wanted fresh eyes to look at the I-601 case; therefore, we chose to file the appeal with Texas.

The client and his wife did not have any children together, but there were several hardship issues that we focused on. We pointed out that his wife did not choose to enter the US illegally, when she came at age 15. She had already been back in Mexico for 5 years at the time of the application. The client was suffering from anxiety and depression diagnosed by a therapist. The wife’s safety was in danger in Mexico. The client was having extreme financial difficulties because his parents depended on him financially and he had to send money to his wife. We prepared an extremely thorough and organized I-601 appeal packet that was over 100 pages. We cited recent decisions from the Administrative Appeals Office to support our arguments as well.

I told the client up front that I-601 waivers are very difficult, and I could not guarantee in any way that we would win. However, we both realized that appealing or refiling was his only chance to be with his wife soon in the United States.

We waited almost one year for a decision, and yesterday we received the great news. Now we will contact the USCIS office and request that they send the file back to Ciudad Juarez to schedule a consular interview as soon as possible. Hopefully, within the next few months, my client and his wife will be reunited in the United States permanently.

If you or someone you love needs an I-601 extreme hardship waiver, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally meet with you to discuss your case and advise you of likely chances of success.

An Irvine client notified me that his naturalization application was approved today. He hired me to supervise and advise him during the naturalization process, rather than prepare all the forms and evidence and attend the interview like I generally do for most clients.

When I first met him, I advised him that he could prepare the forms and evidence, and I would review his work to make sure that his evidence was organized correctly and his answers on the N-400 were correct. He wanted the peace of mind that accompanies having an immigration attorney involved in the process, but he did not necessarily need me to attend the interview with him. I gave him a list of evidence that he should provide with the N-400 and how to organize the evidence and forms. Once he put his packet together, I reviewed it and he filed the N-400 with USCIS.

He told me that his interview went very smoothly and he was happy to be taking the oath ceremony in the near future.

If you are considering naturalization, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez can help you by either handling the entire process or merely reviewing your work and advising you of what to do.

An  Irvine client was approved for naturalization yesterday afternoon. The client was originally from Pakistan. He obtained his green card over ten years ago; however, there was a major issue regarding his extended absences from the United States. Since obtaining his green card in 1997, he had been out of the United States for most of the time until 2006. Although he was approved for a re-entry permit twice, there was a concern that the USCIS officer might deem his permanent resident status abandoned due to his lengthy absences from the United States.

We attended the interview and I discussed the issue with the USCIS officer at length. I explained that my client had no intention of abandoning his permanent resident status and he was outside the United States because his parents wanted him to finish his secondary education in Pakistan before studying at a U.S. university. I pointed out case law such as Li v. Chertoff, which states that study abroad does not result in abandonment of residence. I mentioned Khodagholian v. Ashcroft which states that the test is whether the lawful permanent resident intended to be temporarily abroad and not whether the absence was over one year.

I discussed the issue with the USCIS officer at length, and eventually he was satisfied that my client’s absences were not indicative of an intent to abandon his permanent resident status.

If you are considering the naturalization process, contact The Nunez Firm to schedule a free consultation.

We just received an approval notice for an I-129F Fiance Visa Petition filed in August 2009. The petitioner normally lives in Irvine, but relocated to North Carolina for two years; therefore, the fiance visa petition was filed with the Vermont Service Center. Approximately one month after we filed the fiance visa petition, we received an approval. The fiance currently lives in the Philippines. The couple has been together for several years already.

The next step will be for US Citizenship and Immigration Services to transfer the file to the US Consulate in the Philippines to schedule an interview with the alien fiance. Hopefully, the file will be transferred and the interview will be scheduled within the next 3-4 months.

If you are interested in filing a fiance visa petition, contact The Nunez Firm to schedule a free consultation.