OC Immigration Attorney

One of our Los Angeles clients’ had his I-751 approved and the conditions removed from his permanent resident status. We filed his I-751 in May 2010 after his previous attorney failed to file on time. When we were hired, our client was already in immigration court in Los Angeles and he was trying to avoid deportation.

We advised the judge that we would be filing the I-751 late, but that the untimeliness did not make my client ineligible for retaining his permanent resident status. We filed the I-751 arguing that although my client was divorced from his ex-wife (a US citizen), their marriage was entered into in good faith. We provided hundreds of pages of documents evidencing the bona fides of their marriage including written statements from friends, bills, apartment leases and even a written statement from the ex-wife explaining why she believed the marriage did not last.

In December 2010, we received a Request for Evidence asking for further documentation. We provided that as well. Then we waited. In 2011, we were interviewed by a USCIS officer in Los Angeles. The interview went well, but the officer was not willing to approve the case on the spot. She said she needed more time to review the case. Since then, I have followed up with USCIS every few months, often driving to Los Angeles to speak with an infopass officer in person about the status. Additionally, my client and I have attended immigration court hearings every few months for status reports to the judge.

Finally, after three years of waiting, we just found out that my client’s case was approved and he received his green card. He will be eligible for naturalization immediately because he as been a permanent resident for over five years. Our next court hearing is in early June, and we intend to inform the court that the I-751 was approved and the case should be terminated.

If you are in removal proceedings or filing an I-751, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the options available to you.

I attended a removal hearing for one of our clients from Aliso Viejo. The client entered the United States on an F-1 visa, and he and his family changed status to E-2 treaty investor visa. In late 2012, USCIS issued a notice to appear in immigration court in Los Angeles. The notice to appear alleged that my client had fallen out of status and remained in the United States without authorization. United States Immigration and Customs Enforcement wanted to deport him back to the Philippines.

If an individual remains in the US after their lawful immigration status has expired, they are eligible for removal. In this case, my client was approved for an extension of his E-2 status early this year. We made sure that he never fell out of status; however, ICE was unaware of the renewed E-2 status.

At the hearing, I notified the government attorney and immigration judge that my client was still in valid E-2 status. I provided approval notices showing that his renewed E-2 status would not expire until 2015. Additionally, I advised the court that my client was married to a US citizen and intended to adjust his status to lawful permanent resident status. I moved to terminate the removal proceedings and the government attorney did not object. Immigration judge Lattimore agreed and terminated the deportation case.

If you are in deportation proceedings in Los Angeles or San Diego, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will meet with you during a confidential consultation to help you better understand your options and how we might help.

We attended a merits hearing last week for one of our clients in Anaheim Hills. The hearing was scheduled for cancellation of removal for lawful permanent resident, and we were prepared and confident in moving forward with the case. Our client committed a minor crime almost forty years ago, but Immigration and Customs Enforcement pursued deportation several years ago. The client has lived in the US for decades and all of his family lives in the US. He has almost no family in his home country.

We were prepared to show evidence that our client was eligible for cancellation of removal and it should be granted as a matter of discretion. However, when we arrived at the hearing the government attorney notified me that they intended to move for termination. She had reviewed the file and she did not believe deportation was appropriate in this case.

My client was not forced to testify, and he and his family were pleased that this matter would be put to rest. Over the last few years, he was very stressed about this case. Although I assured him countless times that our case was very strong and I was confident we would win, the prospect of moving back to his home country and being separated from his wife and children terrified him.

Now that the case is over, he is considering naturalization so he can become a US citizen. If you or a loved one is in immigration court, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will meet with you to help you better understand the options available to you.

We recently received the good news that one of our clients would be released from Adelanto on bond. We presented a mountain of evidence proving his ties to the community and record of past attendance at court hearings. We argued that although his crime was serious, he could be counted on to attend all future hearings. Additionally, we provided the court with medical records showing he had substantial health problems that required immediate assistance that could not be provided while in detention.

The judge agreed with us despite the government attorney’s objections. The government reserved appeal, but did not file an appeal. Our client was released a few days later after the family was able to collect the necessary funds.

The Nunez Firm occasionally handles bond hearings on a case-by-case basis. If you require assistance for a detained friend or relative, contact The Nunez Firm to schedule a consultation with managing attorney Jay Nunez.

We recently received good news that our motion to reopen was granted. The client was ordered deported a couple years ago after her previous attorney abandoned her in immigration court. After she was ordered deported, she married a US citizen and he filed for her to obtain a green card based on the advice of a previous attorney. The I-130 visa petition was approved; however, the I-485 application to adjust status was denied because she had an outstanding removal order. The client came to me very frustrated with her experiences with other immigration attorneys. She had received bad advice numerous times.

I advised that we must first file a motion to reopen the removal proceedings before we can pursue the adjustment of status. I suggested that we contact Immigration and Customs Enforcement to seek a joint motion to reopen, and the client agreed.

I prepared the request for joint motion to reopen and provided ICE with proof that the husband had significant medical problems and would experience extreme hardship if his wife is not permitted to adjust status and remain in the United States. After some negotiations the ICE attorney agreed to the joint motion to reopen. We filed the motion with the court and the judge granted the motion.

The next step is to ask the judge to terminate proceedings so that we can adjust status through USCIS. There will be an interview and I plan to attend it to make sure the process is concluded smoothly.

If you have an outstanding removal order in Los Angeles Immigration Court, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally meet with you to discuss the options available to you.

The Department of Homeland Security (DHS) and Executive Office for Immigration Review (EOIR) today announced its plans to expand backdoor amnesty.  Beginning in late April, DHS will suspend all non-detained dockets for illegal immigrants in four additional jurisdictions, as it previously did in Baltimore and Denver, for two weeks.  These jurisdictions include Detroit, New Orleans, Orlando, and Seattle.  In May, DHS will partially suspend the non-detained docket in New York City and then in July, it will implement the same procedures in San Francisco and Los Angeles.

This means that DHS intends to solely focus on detained cases in these jurisdictions, meaning those who come to the attention of law enforcement.  But if the illegal or criminal immigrant bonds out of jail, they can be put on the non-detained docket and could potentially remain in the U.S.  This decision is just another part of the Obama administration’s plan to grant administrative amnesty to potentially millions of illegal immigrants.

If you or a loved one is in immigration court in Los Angeles or San Diego, contact The Nunez Firm to schedule a free consultation.

We recently received a green card approval for the wife of an US Citizen residing in Long Beach, California. The couple has been together for several years and they married in 2011. The wife is originally from Switzerland and entered the United States on the Visa Waiver Program.

The couple met through a mutual friend in 2010. After dating long distance for a couple of years, the husband proposed marriage and she accepted. In 2011, they hired The Nunez Firm to assist with the adjustment of status process. We helped them collect all the necessary paperwork including evidence that the marriage was entered into in good faith and not for immigration purposes. We handled all the forms (including the I-485, I-130, G-325A, I-765 and G-28) and we prepared the packet of evidence. Additionally, we were able to obtain an expedited advance parole document allowing the wife to visit her ill mother in Europe while the case was pending.

Before the interview with USCIS in Los Angeles, I met with the couple and advised on what to expect at the interview. I told them what questions to expect and assured them that I would be at the interview to make sure they were treated respectfully and fairly.

The officer was very thorough, but respectful and patient during the green card interview. The officer approved the case on the spot and the couple was very emotional about starting their new life together.

If you are considering the adjustment of status process, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally meet with you to help you understand whether your situation is eligible for a marriage based green card. The Nunez Firm handles countless marriage based green cards every year and our reputation among our clients and the USCIS adjudicators is unparalleled.

We just recently received the good news that a green card was approved for the wife of a US citizen living in Simi Valley. The wife entered the United States as an L-2 visa holder based on her father’s L-1 visa status. She came to the US almost ten years ago, and met her husband when they were only 14 years old. They went to high school together and kept dating after high school.

Earlier this year he proposed to her on their anniversary and they got married a few months later. They came to The Nunez Firm after the wedding because they wanted to adjust her status to permanent resident. We filed the visa petition and adjustment of status forms and evidence in April 2011. We had our interview in the Los Angeles USICS office at 300 North Los Angeles four months later.

At the interview the officer asked a lot of questions about how they met and why they decided to get married at such a young age. I had prepared my clients well regarding what to expect and why the officer will be asking certain questions. They explained how they met, when they decided to start dating and how the husband decided to ultimately propose. The officer thoughtfully listened to the testimony and we provided evidence of their good faith marriage.

At the end of the interview, the officer approved the case and the wife became a conditional resident for two years. After the interview, I explained that she will need to apply to have the conditions removed in 21 months.

The couple was very excited and they plan to look for an apartment together, so they can move out of the husband’s parents’ house. If you are considering the marriage-based adjustment of status process, contact The Nunez Firm to schedule a free consultation with managing attorney Jay Nunez. The Nunez Firm handles countless adjustment of status cases every year and we can help you better understand the process and whether there are any risks in applying.

We recently had a case terminated by the Immigration Court in Los Angeles. The client is married to a US citizen, and one year ago the I-130 was approved by USCIS. USCIS found that the marriage was bona fide despite the fact that the husband had been previously married to a US Citizen and had the green card and adjustment of status denied.

We asked the immigration judge to terminate the case, and after some discussion with the ICE government attorney, ICE and the Immigration Judge agreed that terminating the deportation proceedings was the most appropriate procedure.

The client was very happy that he will not be required to attend further immigration court proceedings. Now, we will notify USCIS that we intend to administratively process the adjustment of status. USCIS will schedule an interview, and the couple and I will attend the interview in Santa Ana.

If you are currently in immigration court proceedings in Los Angeles or San Diego, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally meet with you to discuss your situation and whether The Nunez Firm can help you.

Although the U.S. continues to pour money into immigration enforcement and detention, the resources necessary for the immigration court system (Executive Office of Immigration Review) to keep up with enforcement have not been sufficient.

A record number of immigration cases—275,316 as of May 2011—are in the Immigration Court backlog. In four months, the case backlog grew 2.8%, and it has grown 48% since Fiscal Year 2008.

The case backlog grew despite record-breaking hiring of immigration judges in the last 12 months. Forty-four new judges were hired. However, because of federal budgetary restrictions on hiring, recruitment efforts have been cut short, and the number of immigration judges may actually decrease because approximately 10 immigration judges per year retire or otherwise leave the bench. Fewer judges and enhanced enforcement efforts will very likely result in larger case backlogs.

Currently, the average wait time for a deportation case is 482 days, but in some states, the wait time is much longer. In California, the wait is 660 days, up from 639 four months ago. In Massachusetts the average wait is 617 days, and in Utah, the average is 537 days.