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.

Client from Costa Mesa just had her green card approved based on her marriage to her US Citizen husband. The client is originally from Central America and entered on a student visa several years ago. While living in Orange County and studying, she met her husband and the couple married two years later. He petitioned for her to become a lawful permanent resident with a green card. This week, the I-130 visa petition and I-485 were approved after an interview with a USCIS officer in Santa Ana. Now, the couple is living in Costa Mesa, California. They are very excited and they hope to start a family in the next year. I am so happy for them.

Generally if an alien marries a US Citizen in good faith and not for immigration purposes, 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. 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 (through a different relationship), or entry as a foreign national crewman among others. The petitioner must be financially able to sponsor the beneficiary spouse, which means the petitioning spouse’s income must meet a certain level. If the petitioner’s income does not qualify, a joint sponsor must be available.

The adjustment of status process can be complicated in some cases, and it is best to consult with an experienced immigration attorney before proceeding. The Nunez Firm has helped countless couples petition and obtain green cards after marriage. Contact The Nunez Firm today to schedule a free and confidential consultation. Managing Attorney Jay Nunez will personally discuss your situation and help you determine if adjustment of status is the right option for you.

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.

An Orange County client that was detained in the Otay Mesa CCA detention facility in Eastern San Diego was granted cancellation of removal on Friday afternoon.

He was originally detained in September 2009 after his second conviction for a crime involving moral turpitude. Although he was eligible for removal and placed in deportation proceedings, he was eligible for cancellation of removal if we could convince the judge that he deserved to stay in the United States.

My client is a lawful permanent resident for over 40 years and since the age of six. His entire family is in the United States, and he has only visited his home country of Jordan on two occasions. Despite his criminal convictions, he is an upstanding member of his community known for being an excellent carpenter and always willing to help his friends and family when they are in need.

The judge agreed that my client deserved cancellation of removal and even stated that he was the most sincere and remorseful respondent she had ever come across. The government attorney echoed the judge’s statements.

In cancellation of removal cases, the judge weighs several factors when deciding whether to grant or deny the application. Respondents should show remorse for any crimes committed and hold themselves responsible for their convictions. If a respondent tries to convince the judge that the conviction was not his/her fault, the judge is not likely to grant the cancellation application.

If you are currently facing deportation and wish to discuss your case and the possibility of cancellation of removal, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will discuss your case thoroughly and help you understand your situation.

We just received the news that my client’s I-751 was approved and the conditions were removed from his permanent resident status. The couple married in 2004. In 2005, his green card was approved based on his marriage to a United States Citizen.

As is the case with any newly married couple in their situation, he was granted a green card on a conditional basis meaning the couple was required to file an I-751 two years after the green card was approved. The I-751 is generally accompanied by evidence that the marriage was entered in good faith. The couple filed the I-751 on time in 2007. They included evidence such as joint bank account information, joint asset ownership documents, lease agreements and insurance information among other things.

They attended an interview with a USCIS officer in 2007 to answer questions about their marriage. Since that interview, they heard nothing from USCIS regarding a decision on their joint I-751 petition. Earlier this year, they retained The Nunez Firm to look into the status of their case and the reason for the delays. After writing several letters and meeting with USCIS information officers and supervisors, we just received the good news that their I-751 was approved.

The Orange County couple was extremely happy, and the husband is looking forward to applying for naturalization as a United States citizen. If you are experiencing unreasonable delays with the processing of your case or you are in the process of filing an I-751, contact The Nunez Firm to schedule a free and confidential consultation. Managing Attorney Jay Nunez will personally discuss your case with you and help you understand the options available to you.

My Orange County client, who is the wife of a US Citizen, just received her green card. She entered the United States on a student visa in 2001. She overstayed her visa and accumulated unlawful presence starting in 2004. In 2006, she met her husband, and, after he proposed to her in 2007, she became his fiance. The couple got married in 2008. Several months later they retained The Nunez Firm, and we began the adjustment of status process for her to obtain her green card. After the couple’s interview with USCIS, the green card application was approved, and she just received her green card this week. The couple currently lives in Newport Beach, California, in Orange County.

Even though she over overstayed her visa and was in the United States illegally for several years, I was able to help her obtain a green card due to her marriage to a US Citizen. If you are married to a US Citizen and interested in obtaining a green card and lawful permanent resident status, contact The Nunez Firm for a free consultation. Although our office is located in Irvine, California, The Nunez Firm has assisted clients from all over the United States. Managing Attorney Jay Nunez will discuss your case with you and help you understand your immigration options.

Today, one of my Anaheim clients had his final deportation merits hearing in the Los Angeles Immigration Court. He had committed several petty thefts in the past. He stole cds and other small items from retail stores. He stopped in 2002 when he began receiving psychological treatment for his behavior. He attended classes to help him stop stealing as well.

He became a lawful permanent residentin 1992; however, because of his many petty thefts convictions, he was deportable. We asked the immigration judge for cancellation of removal which is a discretionary form of relief. We presented the judge with evidence that my client was rehabilitated, had extensive family in the United States, consistent employment history and was a dedicated member of his church.

As is always the case with cancellation of removal cases, the Los Angeles immigration court judge weighed the positive factors in favor of my client remaining in the United States against the negative factors supporting his deportation. The immigration judge stated that the case was a close call, but ultimately he believed my client deserved a second chance and should be allowed to stay in the United States. The immigration judge stressed that if my client committed another deportable offense, cancellation of removal would not be available again.

My client, his wife, children and other family members were extremely pleased with the outcome. They thanked the immigration judge repeatedly after the trial, and several members of the family cried due to their joy. Because my client’s cancellation of removal application was granted, he will be allowed to stay in Anaheim with his family. He expressed his interest in filing a naturalization application as soon as possible so that he never has to worry about immigration court and deportation again.

If you or a loved one is in removal or deportation proceedings in the Los Angeles Immigration Court or elsewhere, call The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will discuss your case with you and help you better understand how you can avoid deportation.