OC Immigration Attorney

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.

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.

USCIS approved a green card for one of my VAWA clients, who was a victim of domestic violence. She lives in Texas, and her VAWA I-360 was approved several months ago. After the VAWA application was approved, the Vermont Service Center transferred her file to Texas for an adjustment of status interview. Generally, the adjustment of status interview is fairly quick when an approved I-360 VAWA application is involved. The USCIS officer will generally ask questions about criminal history and make sure the individual is not inadmissible.

I just spoke with the client, and she was very excited that her green card was approved. Now, she can live and work in the United States without worrying about her husband’s threats to deport her and his violent behavior towards her. She seems very happy now that she is rid of him. Additionally, if she chooses to naturalize as a US citizen, she will be eligible to do so in three years (rather than the usual five years), because she is a VAWA approved case. The Nunez Firm wishes her the very best.

If you or someone you know is an alien victim of domestic violence, contact The Nunez Firm to discuss your case. Managing attorney Jay Nunez has successfully handled many domestic violence cases for both male and female victims of domestic abuse. The Nunez Firm has handled VAWA cases from all over the country including Nevada, New York, Florida, North Carolina, Arizona and Texas among others.

I just received the great news that another of my client victims of domestic violence had her I-360 approved. We filed the form I-360 in fall 2009, and the Vermont Service Center of United States Citizenship and Immigration already approved the case. Generally these cases take over one year to receive a decision, but we received this approval in less than four months.

The client was married to her husband for approximately one year before she had the courage to call the police and leave him forever. They married in summer 2008, and she believed he would be an excellent husband. Shortly after the wedding, he began controlling her life in every way. She was forced to ask permission from him or his mother before leaving the house or making any decisions. Her in-laws abused her emotionally and psychologically, and the mother-in-law encouraged her son to beat his wife. The husband was sexually abusive as well. She was not allowed to speak with her family or visit them.

Finally, in Summer of 2009, her husband became enraged due to a small argument that he escalated to unbelievable heights. He overturned furniture, insulted her family and tried to break her fingers. He grabbed her phone from her and broke it so she could not call the police. Eventually, she escaped from the house and flagged down a passing car to call the police. The police came and arrested him, and a restraining order was issued.

I worked closely with the client to develop her statement of events so that we could present as clear a picture as possible to USCIS showing them that she deserved VAWA relief without any doubt. We drafted her statement several times until it was perfect. We included extensive evidence to support our statement of events including witness statements and other documents.

The client was very happy to receive the good news. Now, we will finalize the green card process by setting an adjustment of status interview with USCIS.

If you or someone you love is in an abusive relationship and the spouse is a US citizen or lawful permanent resident, contact The Nunez Firm to schedule a free consultation. We offer free and confidential consultations to help you assess if pursuing a VAWA case is right for you.

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 client was granted adjustment of status today during immigration court proceedings in Los Angeles, California. The client was previously approved for VAWA several years ago based on his marriage to his abusive wife. The couple was married for several years, and his wife regularly drank and used drugs and assaulted him on several occasions. Eventually he moved out and divorced her. 

His case was transferred to California after he moved from New York to Los Angeles. After several hearings in Los Angeles, the Immigration Judge approved the adjustment of status today.

VAWA cases are complicated and the difference between an approval and a denial often turns on how well the case is prepared and organized. The Nunez Firm has represented many VAWA clients, and our success rate is extremely high. Managing attorney Jay Nunez will meet with you during a free consultation in order to discuss your case fully and give you a better understanding of the options available to you.

We just received the approved Employment Authorization Card for an approved VAWA client. His VAWA case was approved several years ago, and we have been waiting to adjust his status to permanent resident. However, until we can adjust his status in the immigration court in Los Angeles, he is authorized to work. His previous work authorization card expired in May of this year, and we filed for a renewal of employment authorization. USCIS took several months to process the application, but today we received the new work authorization card.

The client is extremely happy. With the new work authorization card he can show his employer he is authorized to work in the United States. Additionally, he will be able to get a new driver’s license.

If you or a loved one would like to discuss your immigration case and discover whether you are eligible for work authorization or a green card, contact The Nunez Firm for a free consultation.

In Matter of Martinez, the Board of Immigration Appeals (BIA), which is the administrative appellate court for the Executive Office for Immigration Review, held a lawful permanent resident alien is eligible to seek special cancellation of removal for battered spouses under INA Section 240A(b)(2). The BIA analyzed the history of the Violence Against Women Act (VAWA) and concluded that special cancellation of removal for battered spouses should not be limited to aliens who do not currently have valid immigration status. The BIA held that special cancellation of removal should be available to lawful permanent residents as well.

This case will likely help lawful permanent residents who are ineligible for LPR cancellation of removal due to stop-time rule issues.

If you or a loved one is currently in immigration court proceedings, The Nunez Firm might be able to help you. Contact The Nunez Firm today to schedule a free and confidential consultation.

My client received her employment authorization card today. She was married to a US citizen who abused her and their son. He beat her, and threatened her with deportation on several occasions.

We filed for VAWA in order to obtain a green card based on the domestic abuse she suffered. The couple is currently going through divorce proceedings. The husband refuses to pay any child support, but my client will now be able to work in order to provide for her son.

While we wait for a decision on the VAWA application, she will be attending school and working in Orange County. It will likely take another 10 months until we receive a decision from the Vermont Service Center of US Citizenship and Immigration Services.

If you or a loved one has been victimized by domestic abuse, contact The Nunez Firm to discuss your case. The Nunez Firm may be able to help you obtain a green card due to the domestic abuse you have suffered.

A female client of mine, who has been the victim of domestic violence by her husband for over a year, had her VAWA application granted by US Citizenship and Immigration Services in Vermont. This will allow her to obtain her green card, which is the next step we will be taking.

Her husband was a very controlling individual. He would not allow her to drive or get a driver’s license. He monitored her at all times and required her to call him and check in several times per day. He treated her like a servant, and punched her on three occasions, because she did not keep the house sufficiently clean.

He refused to file an I-130 visa petition and adjustment of status application for her, which would have enabled her to become a permanent resident with a green card. He would not help her acquire her green card, because he wanted to keep controlling her and manipulating her based on her lack of immigration status.

Victims of domestic violence and extreme cruelty, who are married to US citizens or lawful permanent residents can apply (by themselves) to obtain VAWA relief and a green card. If you are a victim of domestic abuse, contact The Nunez Firm to discuss your case. The consultation is 100% confidential and free.