OC Immigration Attorney

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.

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 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.

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.

At an interview with USCIS in Santa Ana this morning, my client was approved for lawful permanent residence based on her marriage to her US citizen husband. She is from Germany originally, and she came to the United States 4 years ago to work under an H-1B visa. She married her husband in June 2009, and they began living together in Aliso Viejo.

We filed for the adjustment of status and the visa petition earlier this year, and all three of us attended the interview today. The interview went smoothly and there were no major problems. The officer approved the green card for her on a conditional basis because the marriage is less than two years old. This means that she and her husband will need to file an I-751 two years from now to prove that the marriage is still viable and was entered into in good faith rather than for immigration purposes. I advised them to save as many documents as they can over the next two years including bank account statements, credit card bills, travel itineraries for trips they take together, photos, utility bills, joint tax returns, life insurance policies and any other evidence that would tend to show that they are conducting themselves as a typical married couple.

If you are married to a US citizen, and you are interested in learning more about obtaining lawful permanent residence in the United States, contact The Nunez Firm for a free consultation. Managing attorney Jay Nunez will discuss your situation and options with you and help you decide what is best.

Earlier today, my client was approved for lawful permanent resident status in the United States. We attended the interview in downtown Santa Ana, and the USCIS officer approved the case after a lengthy interview involving many questions. The beneficiary was originally from Vietnam, and she entered the United States legally in 2004. In 2009, she married a United States citizen, and we filed for adjustment of status late last year. The couple lives together in Anaheim.

The USCIS officer asked several questions about how the couple met, how they spent the holidays in 2009 and 2008. He asked detailed questions about their families and their apartment. It became evident to the officer that the couple was married in good faith and knew a great deal about each other, as any valid married couple should, and the officer notified us that he was approving the case, and we should receive an approval notice and green card in the mail in a couple of weeks.

If you are married to a US Citizen, and you would like to learn more about your immigration options, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will meet with you personally and help you better understand the immigration laws pertaining to you. The consultation is free and 100% confidential.

My client’s I-485 adjustment of status application was approved this morning in Orange County. She met her husband approximately two and one half years ago, while they were living in the same apartment complex. They talked when they saw each other and gradually became friends. After one year, they began dating, and one year after that, they married. The husband is a United States citizen, and the wife was from the Ukraine.

In summer 2009, we filed the adjustment of status application and visa petition concurrently. We filed all the necessary forms and evidence, and yesterday I attended the interview with my clients and the USCIS officer. The officer asked several questions about their relationship: how they met, when they started dating, how they spent the holidays, etc. My clients answered the questions confidently as I had prepared them extensively on what to expect at the interview. At the end of the interview, the officer stated that he was approving the application, and my client would receive her green card in the mail in the next few weeks.

The Nunez Firm handles numerous adjustment of status cases based on marriage to a US citizen. If you are contemplating the adjustment process, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will discuss your situation with you and help you better understand the options available to you.

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.

An Orange County client had his naturalization application approved today after we attended his naturalization interview in Santa Ana, California. Although he had previous criminal convictions, his naturalization application was approved by the interviewing officer. He was tested on his history and civics knowledge. Additionally, as with almost all naturalization applicants, he was tested on his English proficiency. He passed all of the tests, and the officer approved his naturalization as a United States citizen immediately.

He was thrilled with the successful result, and he plans to petition for his mother and father to come to the United States as soon as possible. He will have his oath ceremony in the next two months.

If you are considering naturalizing as a US citizen, contact The Nunez Firm. Managing attorney Jay Nunez will personally discuss the process with you along with any possible risks in applying. Free consultations are available.