OC Immigration Attorney

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.

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 great news that the N-336 for one of my clients was approved today. She was denied naturalization a few months ago when USCIS denied her N-400 application for naturalization. The decision stated that she did not provide enough evidence of her bona fide marriage to a US citizen. She has lived in Laguna with her husband for the last 4 years.

After receiving the denial, she contacted The Nunez Firm to see if I could help her. We began collecting all types of evidence to prove her valid marriage to her husband. After a few weeks of collecting documents we filed the N-336 form.

We attended the interview at USCIS in Santa Ana and handed over a huge stack of evidence to prove the couple’s relationship. Our strategy was to overwhelm the officer with documents and evidence proving bona fide marriage. The stack was at least two inches thick. Clearly, the officer was convinced, because we received the decision for approval just one week later.

If your N-400 was denied by USCIS, contact The Nunez Firm to discuss whether you should pursue an N-336 rehearing. In some cases, there is nothing that can be done to change the USCIS officer’s mind; however, in other cases it is possible to have the case approved after a rehearing with a different officer. Managing attorney Jay Nunez will discuss your case with you personally during a free and confidential consultation.

In late 2008, the newest version of the U.S. naturalization test was introduced. Could you pass it? The questions are usually selected from a list of 100 samples that prospective citizens can look at ahead of the interview. Some are easy, some are not. We have picked some of the more difficult ones. Naturalization applicants must answer six of the ten questions correctly in order to pass the test.

NOTES: Candidates are not given multiple choices during the naturalization test. The following questions have been adapted from the immigration service’s sample questions.

If you are considering naturalization, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will discuss your case with you and help you better understand the process.

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.

A bipartisan group of Congressional legislators introduced a new immigration bill in Congress to strip citizenship from any American found to be involved in terrorism.

Sens. Joe Lieberman and Scott Brown co-sponsored the bill. An identical bill is being introduced in the House by Reps. Jason Altmire, D-Pennsylvania, and Charlie Dent, R-Pennsylvania.

Faisal Shahzad, a naturalized American citizen, recently admitted driving a Nissan Pathfinder into New York’s Times Square on Saturday and attempting to detonate the vehicle, which was packed with gasoline, propane tanks, fireworks and fertilizer, according to a complaint filed Tuesday in U.S. District Court in New York.

Lieberman said the legislation updates the 1940 Immigration and Nationality Act, which identifies seven circumstances in which citizens can lose their US citizenship if they voluntarily perform certain acts.

“The bill we’re introducing today would simply update the 1940 law to account for the enemy that we are fighting today,” Lieberman said. “Many have said this law goes too far. Remember, this bill only updates an existing statute that has been on the books for 70 years that accounts for the terrorist enemy that we are fighting today.”

House Speaker Nancy Pelosi said she likes the “spirit” of the bill, but wants to know more on what constitutes stripping an American’s citizenship.

“I do think it’s important to know on what basis [they'd lose their citizenship],” she said. “We are committed to due process in our country. … What’s the standard?”

Pelosi said she’d have to see the language of the bill before deciding whether to support it.

Meanwhile, legal experts argue that the new bill has serious constitutional problems.

“It’s unconstitutional,” said Christopher Anders, Senior Legislative Counsel to the American Civil Liberties Union.” Taking away someone’s citizenship is a truly extraordinary step and to do that based on mere suspicion and to be giving that power to government bureaucrats without ever having a court trial will be an amazing step.”

Taking away an individual’s citizenship leaves the person stateless.

If you are considering the naturalization process, contact The Nunez Firm to discuss your situation and whether you are likely to be a successful candidate for naturalization. Managing attorney Jay Nunez will personally discuss your case with you and help you better understand the options available to you.

A naturalization client in Huntington Beach had her N-400 application for naturalization approved today despite being convicted for a DUI five years ago. Due to the Driving Under the Influence misdemeanor conviction, she was sentenced to three years probation, which ended two years ago. She did not have any other convictions on her record.

Generally, a naturalization applicant must show good moral character over the last five years. However, because my client has been married to a US citizen for the last three years, the good moral character period applies only to the last three years. Because her DUI conviction occurred outside the three year statutory period, I argued that USCIS should not consider the DUI conviction. During the interview, the examiner pointed out that my client was on probation during the three year period in question. I argued that because a DUI is not considered a crime involving moral turpitude under Matter of Lopez-Meza (BIA 1999), the probation that resulted from the DUI cannot logically be considered a mark against my client’s moral character.

Additionally, I pointed out that 8 CFR 316.10(c)(1) states “An applicant who has been on probation, parole, or suspended sentence during all or part of the statutory period is not thereby precluded from establishing good moral character, but such probation, parole, or suspended sentence may be considered by the Service in determining good moral character. An application will not be approved until after the probation, parole, or suspended sentence has been completed.”

I argued that because my client was no longer on probation and the DUI misdemeanor was her only conviction, she should be considered to have good moral character and her naturalization application should be approved.

We provided USCIS with extensive documentation regarding my client’s good moral character including letters from employers, friends and her pastor. Ultimately, the examiner agreed that my client proved good moral character and approved the case. My client was extremely happy with the outcome, and she looks forward to her oath ceremony, which should occur in the next month or so.

If you are considering naturalization, but you are worried about previous convictions and how they might affect your naturalization attempts, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally discuss your case with you and explain the risks, options and chances of success so that you can make an informed decision.

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.

I just returned from a naturalization interview at the Santa Ana office of United States Citizenship & Immigration Services. My client’s N-400 was approved even though he had criminal convictions for burglary and forgery from 1996.

Generally, the good moral character requirement pertains to the five years preceding the N-400 application (3 years in the case of a lawful permanent resident married to a US Citizen and 1 year for Armed Forces personnel); however, the Department of Homeland Security may look beyond the 5 year period when determining good moral character according to INA 316(e).

In the Ninth Circuit (of which California is part), if the applicant demonstrates exemplary conduct during the statutory period, his application cannot be denied solely on a prior criminal conviction occurring outside the statutory period. Santamaria-Ames v. INS, 104 F.3d 1127, 1132 (9th Cir. 1996).

Other courts have found that it is impermissible to rely solely on acts outside the statutory period and such reliance must be tied into current conduct. Gatcliffe v. Reno, 23 F.Supp.2d 581, 585 (D.V.I. 1998)

It is important to note that Department of Homeland Security can initiate removal/deportation proceedings if the past conduct is a ground of deportation.

In this case, my client’s criminal convictions occurred outside the statutory period of five years. The crimes were not aggravated felonies; therefore, there was no permanent bar against naturalization. My client was very pleased with the outcome, and he is excited to take his citizenship oath.

If you are considering naturalization, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will discuss your situation and help you better understand any risks involved in pursuing naturalization.

“This rule amends the Department of Homeland Security (DHS) regulations by implementing a statutory amendment reducing from three years to one year the length of time a member of the United States Armed Forces has to serve to qualify for naturalization through service in the Armed Forces. In addition, this rule amends DHS regulations by implementing a statutory amendment to include as eligible for naturalization individuals who served or are serving as members of the Selected Reserve of the Ready Reserve of the U.S. Armed Forces during specified periods of hostility.” Federal Register / Vol. 75, No. 11 / Tuesday, January 19, 2010.

If you are interested in naturalizing and becoming a US Citizen, contact The Nunez Firm today for a free consultation. Managing attorney Jay Nunez will personally discuss your options with you and help you better understand your situation.