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Posts Tagged ‘visa petition’

Green Card Based on Marriage to United States Citizen Approved for Costa Mesa Client

June 29th, 2010 jnunez No comments

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.

Marriage Based Adjustment of Status Approved for Newport Beach Client

June 22nd, 2010 jnunez No comments

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.

Couple Suffers Due to Strict Reading of Immigration Laws

May 25th, 2010 jnunez No comments

They met on the eHarmony dating site — Diana Ali, 27, a psychologist from Los Angeles and Karsten van Sander, 33, a German theologian at Kings College, London.
Their wedding last June capped more than two years of trans-Atlantic trips for the couple who settled in Plainsboro, N.J.

But all that harmony was abruptly broken last week, when three immigration agents arrived at their apartment and took Mr. van Sander away in handcuffs. Held in an immigration detention center in Elizabeth, N.J., Mr. van Sander, a dual British and German citizen, faced deportation without a hearing.

Reason: an error in his green card paperwork, which he filed after he entered the country under the visa-waiver program, which enables citizens and nationals from 36 countries, including Germany and Britain, to travel to and enter the United States for business or visitor purposes for up to 90 days without obtaining a visa. However, the program includes a rarely noticed provision requiring foreign visitors to give up any right to contest summary deportation, except in a claim for asylum.

In practice, however, a more lenient law has long governed the way immigration authorities treat foreigners who marry American citizens: Even if they overstayed, as long as they originally entered the country legally, they had been allowed to adjust their status to legal permanent resident.

Mr. van Sander, whose original paperwork would have stopped the 90-day clock if it had not been flawed, seemed to be on track for such an adjustment in March, when the couple refilled all the papers on the advice of an immigration officer.

But on April 22, a decision by the United States Court of Appeals for the Third Circuit in a separate case changed the legal landscape for many couples in New Jersey, Pennsylvania, Delaware and the Virgin Islands. Lawyers say the van Sanders are among thousands of couples who could be adversely affected by the decision, leaving the foreign spouses no defense against deportation if immigration authorities decide to expel them.

The decision echoes and sharpens recent rulings in 6 of the 12 regional circuits across the country (but not the one that covers New York), holding that after a 90-day stay, foreigners who enter the country under the visa-waiver program cannot fight summary deportation based on their marriages to American citizens.

“It’s surreal,” said Ms. van Sander, who went to immigration court with the Princeton chaplain and a lawyer on Tuesday to plead for her husband’s release. The judge told them that the appeals court’s decision left her no jurisdiction over Mr. van Sander, and that he was not entitled to a bail hearing.

But on Friday, Mr. van Sander’s 10th day in jail, the government responded to inquiries from The New York Times by announcing that he would be released. Brian P. Hale, a spokesman for Immigration and Customs Enforcement, said the agency was using its discretion to let Mr. van Sander try to repair his case.

Under the appeals court’s decision, the larger issue remains. In the Third Circuit, Citizenship and Immigration Services will no longer approve green cards based on marriage if the application is made more than 90 days after the foreign spouse entered on a visa waiver, officials said.

Until now, even in states in other circuits that have issued similar rulings, immigration authorities have generally used the more-lenient law and their discretion to approve such cases, rather than order deportation, immigration lawyers say.

Coming as the Obama administration says its immigration enforcement priority is deporting dangerous criminals, Mr. van Sander’s arrest bewildered many in the couple’s 40-member Christian fellowship group, said the chaplain, the Rev. B. Keith Brewer.

In light of 9/11, the chaplain said, he cannot blame the government for following the letter of the law. But, he added, it was absurd to lock up the young theologian, without his books, at a cost of $175 a day.

“Our tax dollars are paying to fly him back to London,” he said. “It’s ridiculous.”

Unlike the plaintiff in the Third Circuit case, Heathcliffe John Bradley, a New Zealander who arrived in 1996 and had overstayed his visa by 10 years by the time he married, Mr. van Sander always returned to Britain or his parents’ home in Solingen, Germany, before the 90 days were up, his wife said.

After their wedding, they visited his parents, returned to the United States in August and filed his immigration paperwork in September, which should have stopped the 90-day clock. All seemed to be in order, Ms. van Sander said, because her husband was sent a work authorization, and began teaching at a local Christian college.

Not until their immigration interview on March 9, she said, were they informed that they had omitted a crucial document known as the I-130, her petition as an American citizen on his behalf. Without it, his application to become a permanent resident was not valid, and the clock had been running; officially, he had overstayed by four months. They tried to file all the correct forms without a lawyer, however if two PH.D students can’t figure it out, it shows the paperwork is really confusing.

The couple quickly refilled, paying the $355 in fees a second time, and canceled a trip to London, as the immigration officer directed.

He told them that as long as they filed immediately and as long as Karsten entered legally (which he did), that they were safe.

Instead, the case was apparently referred to agents at Immigration and Customs Enforcement. On May 4, Ms. van Sander received a text message at work from her husband saying he was in immigration custody.

Daniel L. Weiss, a lawyer the couple hired Thursday evening, said he was grateful that by Friday afternoon officials in both agencies were scrambling to reopen it and fix it. By 3:30 p.m., a shaken Mr. van Sander walked out of jail into his wife’s arms.

“But this is much bigger than just them,” Mr. Weiss said. “The larger question is government policy?” From New Jersey’s Italian- and Irish-American families alone, he added, “there are going to be a hundred stories like this coming into my office.”

I-485 Application Approved for Married Couple in Anaheim

March 29th, 2010 jnunez No comments

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.

Bona Fide Marriage Found and I-130 Visa Petition Approved for Anaheim Client

March 12th, 2010 jnunez No comments

After a one and a half hour interview with United States Citizenship and Immigration Services (“USCIS”), the USCIS officer ruled that my client’s marriage to his wife was bona fide, and he approved the I-130 visa petition. The USCIS officer seemed leery at the outset of the interview, because my client was previously married and pursued a green card through that marriage. Before the green card was approved, the couple experienced difficulties and broke up. However, after asking my client and his current wife 15-20 questions separately and comparing their answers, he realized that they lived together in Anaheim, and their marriage was valid and entered into in good faith.

My client is currently in removal proceedings in Los Angeles Immigration Court. Now that the I-130 visa petition has been approved, we will adjust status in immigration court so that my client can get his green card. The couple will likely be questioned in detail by the immigration judge and the government attorney. If they stay confident and calm as they did in the interview, I am confident that they will convince the immigration judge to grant lawful permanent resident status to my client.

If you are married to a United States citizen and are interested in obtaining lawful permanent resident status, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally discuss your situation with you and help you understand the options available to you.

Lawful Permanent Resident Status Approved for Orange County Client Based on Marriage to U.S. Citizen

February 4th, 2010 jnunez No comments

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.

Immigrant Visa Approved for Mother of U.S. Citizen Living in Santa Ana

January 27th, 2010 jnunez No comments

We just received a notice of approval for an immigrant visa for the mother of a Santa Ana client. The daughter is a U.S. Citizen, and the mother is from the Philippines. We filed the I-130 visa petition in 2009. Because the mother of a U.S. Citizen over the age of 21 is considered an immediate relative, the annual limits on immigration do not apply; therefore, there is no waiting period (other than the standard processing time).

Although the I-130 visa petition has been approved, the mother will need to schedule a consular interview before the visa application can be approved, and she can immigrate to the United States permanently.

The U.S. Citizen daughter has also petitioned for her brothers in the Philippines; however, their visas will not be processed for several years, because annual limits apply to siblings of U.S. Citizens, and currently there is a backlog of petitions.

If you are considering filing a petition for a family member living in another country, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will meet with you in person to discuss your options and help you understand your situation more fully.

N-400 Application for Naturalization Approved

December 11th, 2009 jnunez 1 comment

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.

Permanent Resident Status Approved for Orange County Client Married to United States Citizen

October 12th, 2009 jnunez No comments

On Friday afternoon, a green card was approved for my client who recently married a US citizen. The couple married earlier this year. He came over from Italy on an H-1B visa and she naturalized as a US citizen many years ago. The adjustment of status interview took place on Friday afternoon and everything went smoothly. The adjustment of status packet we filed in early summer 2009 contained a great deal of evidence proving the marriage was bona fide. The adjudicating officer was clearly satisfied with the evidence in the packet and chose not to ask too many questions of my clients.

He should receive his green card within the next 45-90 days. If you are married to a US citizen and you interested in obtaining a green card, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez has helped many clients with the complicated adjustment of status process. He will discuss your case with you and explain the options available to you.

Green Card Approved for Foreign Spouse of US Citizen

September 11th, 2009 jnunez No comments

Today I received notice that a green card was approved for my client from Orange County. The client is the foreign spouse of a US Citizen, and the couple lives in Irvine. The couple was engaged for over a year, and they married in 2008. After their marriage, they moved from Huntington Beach to Irvine. We filed the visa petition in the US Citizen’s name on behalf of the foreign spouse in late winter 2009. Along with the visa petition, we filed the adjustment of status application. I attended the adjustment of status interview in Santa Ana with both spouses over the summer, and everything went well. Today we learned that the foreign spouse received her green card. The couple is very happy, and they hope to visit her family in Mexico over the Christmas holiday.

The foreign spouse was eligible to adjust status and obtain her green card while in the United States because she entered the United States legally using a visitor’s visa in the late 1990s. Although she overstayed her visa by almost ten years, the US immigration laws allow her to obtain a green card without having to travel back to Mexico. If she had entered the United States illegally, she would not be able to obtain a green card through adjustment of status. She would have needed to travel back to Mexico to consular process. That would have been a much more difficult situation, because she would have needed an I-601 extreme hardship waiveras well. Over the last two years, I-601 extreme hardship waivers have become increasingly difficult to obtain from Ciudad Juarez.

If you are married to, or plan to marry, a US Citizen, and you hope to obtain a green card, contact The Nunez Firm. Managing Attorney Jay Nunez will meet with you personally for a free and confidential consultation. He will advise you of your options and likely chances of success.

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