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.

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.

My client’s deportation proceedings were terminated by the Immigration Court in Los Angeles this morning, which means she will not be subject to removal and will not be forced to return to the Los Angeles Immigration Court again. The Immigration Judge terminated the deportation case because my client was approved for VAWA a few months ago, which entitles her to keep her green card and lawful permanent resident status.

My client was married to an abusive husband for several years. He was physically and emotionally abusive, and he manipulated her into staying in the relationship because he threatened to have her deported if she ever spoke to the police. We spent months preparing a comprehensive and convincing VAWA case. We filed for VAWA in late 2008, and the case was approved in early 2010.

Unfortunately, this scenario occurs all the time in the United States. A dramatic power imbalance exists if the US citizen spouse decides to take advantage of the non-citizen spouse’s situation. Many US citizen spouses treat their alien spouses as servants and order them to do anything and everything using threats of deportation. Many abusive spouses beat and emotionally abuse their spouses, and the alien victims are afraid to report the crimes to the police due to fear that they will be arrested and deported, or that the police will believe a US citizen over a foreigner.

The Violence Against Women Act (VAWA) provides several immigration benefits to abused spouses and children of US citizens and lawful permanent residents. VAWA was passed into law in 1994. VAWA provides lawful permanent resident status to spouses and children that have been battered by or subjected to extreme cruelty from the US citizen or lawful permanent resident spouse. Contrary to popular belief, abused male spouses are equally entitled to the immigration benefits provided by VAWA.

If you or someone you know is an alien victim of domestic violence, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally discuss your case with you during a confidential consultation. The Nunez Firm has helped countless domestic violence victims obtain green cards and break away from their dependence on their abusive spouses.

We just received an approval notice for an I-360 VAWA application based on domestic violence. We filed the I-360 VAWA application in December 2008, and the Vermont Service Center approved the case 14 months later (which is the standard processing time at this point).

She married her husband several years ago.After the wedding, he began to exhibit signs of controlling behavior. His control issues gradually progressed and he eventually became violent on several occasions. He began stalking her and questioning her any time she left the house. Eventually, she became scared for her life and moved away.

After the divorce, she was afraid that her green card would be revoked. Her husband petitioned for her to receive a green card and it was approved. After two years of having the green card, she was required to file a joint petition along with her husband to have the conditions on her green card removed, so that she would become a full-fledged lawful permanent resident. Because her marriage was no longer viable and her husband would no longer cooperate, she was put in immigration court for deportation proceedings. Around this time is when she hired The Nunez Firm.

After she explained the abuse she had suffered during her marriage, I suggested that we pursue VAWA (Violence Against Women Act) which allows the spouse of an abusive US citizen spouse to apply for a green card if she can show that the marriage was entered in good faith and the US citizen spouse was physically abusive or extremely cruel during the marriage. She agreed and we filed the VAWA application (Form I-360) within a few months.

The client was extremely excited to hear the good news. Now, we will file a motion to terminate the immigration court proceedings and adjust her status to lawful permanent resident, so that she will be able to live and work in the United States indefinitely.

If you or someone you know is caught in an abusive marriage with a US citizen, contact The Nunez Firm. Managing attorney Jay Nunez handles many domestic abuse immigration cases from all over the country, and he will personally discuss your situation with you and determine what options are available. VAWA cases are difficult and having an experienced immigration attorney involved is often necessary.

A Newport Beach client who married her husband in 2008 was approved for a green card and lawful permanent resident status this week. She is originally from Japan, and her husband is a US Citizen. The couple has been together since 2007, and they currently live in Newport Beach in Orange County, California. Shortly after their marriage in 2008, they came to The Nunez Firm looking for representation in the adjustment of status process.

She originally entered the United States on an employment-based visa. While working in Irvine, she met her husband, and they were married one year later. We filed the necessary forms including the I-130, I-485, I-864, I-765 and all the necessary evidence and accompanying forms in 2008. I attended the adjustment of status interview with the couple earlier this year, and we recently received the approval notice. Because the marriage is less than two years old, she will be a conditional lawful permanent resident for 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 become a naturalized citizen three years from now.

The 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 with the National Benefits Center in Chicago. 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.

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 the immigration options available to you. Contact The Nunez Firm today to schedule an appointment.

My client from Newport Beach recently found out that the I-129F he filed for his fiance in Colombia was approved by United States Citizenship and Immigration Services (USCIS). The California Service Center for USCIS notified us of the approval earlier this week.

He has been dating his fiance since 2007, and the couple got engaged in 2008. We filed the I-129F early this year along with all the necessary forms and evidence. The next step is to have the fiancee attend the consular interview in Colombia. As of right now the interview is not yet scheduled. USCIS must transfer the file to the National Visa Center in Washington DC. Then, the National Visa Center will forward the file to the Department of State at the Colombian Consulate. This process will likely take several more months. Hopefully, my clients will be reunited in Newport Beach by the end of the year.

If you are considering the K-1 fiance visa process, The Nunez Firm can help you. Managing attorney Jay Nunez has helped many clients obtain permanent resident status through the fiance visa and adjustment of status process. Please contact The Nunez Firm to schedule a free and confidential consultation.