OC Immigration Attorney

We just received an approval notice for a joint I-751 petition for our clients in Irvine. The case was approved without an interview.

Unlike the marriage-based green card process which requires an interview with an USCIS officer, the interview in the I-751 process is discretionary. If the USCIS officer is satisfied that enough evidence exists to prove good faith marriage, the officer can approve the case without an interview. In years past it seemed that USCIS would call for an interview in most cases, but I’ve noticed recently that USCIS has been approving our cases without interviews.

In this case, we included a great deal of evidence to show that the couple was living together and conducting themselves as a married couple. We represented the couple with the initial green card application, so we were familiar with their family history. We included over 150 pages of evidence with our packet. The client was excited to hear the news. He was happy that he would not have to attend an interview, because, although his marriage is legitimate and was entered into in good faith, any interview with USCIS is bound to cause stress even if the couple has nothing to hide.

If you are preparing to file the I-751 joint petition with USCIS, contact The Nunez Firm to schedule a consultation. We help countless couples each year with the I-751 process, many of whom we represented in the I-485 process and wanted us to represent them again.

We just received approvals for a husband and wife from Santa Ana. The couple last entered the United States in 1995 and have lived here ever since. In early 2001, the husband’s employer filed a labor certification application for him before the sunset date of April 30, 2001. This made him eligible for INA 245i. The couple’s eldest daughter was born in the United States, and, after she turned 21 years old, the couple approached me about adjusting their status based on being the parent of a US citizen daughter.

We filed the I-130 visa petitions with the daughter as the petitioner and the parents as the beneficiaries. Along with the visa petition we filed the I-485 applications and all the other necessary forms. The interview as originally scheduled on a day that I was in court in Los Angeles, so we rescheduled for a later date.

The only issue that seemed potentially problematic was that the husband was in the United States prior to 1995. He was caught by INS and forced to return to Mexico. He was worried that this would count as a prior deportation which might complicate his case. I explained to the officer that the prior visit to the United States and my client’s subsequent return to Mexico was not a removal or deportation because my client never saw an immigration judge. Prior to IRRIRA, legacy INS did not have the expeditious removal authority it has today. Before IRRIRA, an alien could only be removed if he was ordered deported by an immigration judge. The unlawful presence bars of INA 212(a)(9) did not take effect until April 1, 1997.

In Matter of Rodarte, the BIA held that Congress did not intend for section 301(b) of IRRIRA to apply retroactively. A Department of Homeland Security Memo stated that INA 212(a)(9)(C) does not apply to re-entries that pre-date April 1997.

In the interview the issue did not even come up and the interview went smoothly. The client was very happy to become a lawful permanent resident after over 15 years of waiting. He and his wife were excited and plan to pursue naturalization in five years when they become eligible.

If you are considering the green card process, 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.

We recently received an approval for one of our clients’ software engineers in southern California. The employee has a Master’s Degree from Cal State Long Beach, therefore, she was eligible to process her H-1B under the Master’s Cap. The case was processed under the premium processing provisions.

The employee was already working for our client under Temporary Protected Status; therefore, we were changing her status from TPS to H-1B. The employer is not considered H-1B dependent, because fewer than 15% of the companies employees are H-1Bs.

The employee will help develop, create and modify the company’s software, use AI techniques for statistical data analysis, design application architecture and infrastructure using business process management, and perform coding and unit test authoring. Additionally, she will assist in authoring and reviewing technical product documentation and technical product training materials.

USCIS was convinced that the position required a high level of sophistication in a highly complex and technical area of software engineering that could only be performed by an individual with a minimum of a bachelor’s degree in computer science or a related engineering area.

The employee has a bachelor of science degree with a major in computer and communication engineering for a foreign university. Additionally, she has a master of science degree in electrical engineering from Cal State Long Beach. She began working for the employer in February 2012.

The client and employee were very happy with the result, and the look forward to the next three years of employment under H-1B status. This year the number of H-1B visas was reached within the first few days; therefore, a lottery was instituted to determine which petition would be selected. If you are considering an employment-based visa, contact The Nunez Firm to discuss the options available to you. Managing attorney Jay Nunez will personally meet with you to help you better understand the various paths, pros and cons.

We recently received an approval for a marriage-based green card. Our client married a US citizen several years ago. He entered legally when he was a teenager, and, although he has been eligible to adjust status based on his marriage to a US citizen, the couple wanted to wait until they had the financial resources to hire an attorney.

When we filed the visa petition and adjustment of status application, we included documentation to prove good faith marriage including apartment leases, car insurance, health insurance, photos with family, wedding photos, car registration, utility bills, statements from friends, etc.

The interview went smoothly. The client had been convicted of a DUI, so we brought the court records to show that the case had been resolved and that the client was eligible for lawful permanent residency. Because the couple’s marriage was more than two years old when we filed, they will not need to deal with the I-751 process. His green card will be valid for ten years. He will be eligible to naturalize as a US citizen within three years.

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 better understand the process and whether it is right for you.

One of our clients was approved for an O-1 visa at the U.S. consulate in Toronto today. He is a drummer for an Orange County-based rock band. We filed the O-1 visa petition in early April and requested premium processing. The petition was approved without a request for evidence. USCIS was satisfied with the evidence we provided which included letters from fellow musicians attesting to our client’s skill and ability, magazine reviews of shows in which our client had played and tour schedules and contracts for the band showing the venues they will play will be significant.

Initially, we were concerned that our client was too young to show “extraordinary ability in the arts,” because USCIS requires that we show “a high level of achievement in the field of arts evidenced by a degree of skill and recognition subtantially above that ordinarily encountered.” Although our client had played for several bands since he was a teenager, we were concerned that we would not be able to show enough of a track record to warrant the O-1 visa. To evidence the his high level of achievement, we provided information on the band he will be playing with including the numerous albums they have released over the last two decades.

The O-1 visa is generally for individuals with extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim. When the individual is an artist, he must show at least three of the following suggested criteria: 1) lead in a production having a distinguished reputation; 2) critical reviews in major newspapers or trade journals; 3) lead for organization that has a distinguished reputation; 4) record of major commercial or critically acclaimed successes; 5) significant recognition from organizations, critics, government agencies or other recognized experts in the field; and 6) has commanded or will command a high salary.

As is the case with most musicians and artists, our client’s agent acted as the petitioner. The visa will be ready for him to pick up tomorrow, and he plans to fly into the US tomorrow afternoon to play in a show in the evening. He was very excited about the success and looks forward to playing, touring and recording music for the next three years. If you are considering the O-1 visa, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will meet with you and help you better understand the process.

We just received an approval notice for the I-821d and I-765 of a DACA client from Hacienda Heights. We filed the case in late November 2012 and USCIS approved it after four months. USCIS was satisfied that we met all the requirements for Deferred Action and did not issue a Request for Evidence. We provided evidence that the client entered the United States before his sixteenth birthday and was under the age of 31 on June 15, 2012. Further, we provided evidence that he has lived in the US for the last five years without breaking his residency. He has never been in trouble with the law. We provided school records to show he is currently in school. We provided high school transcripts to show that he was physically present in the US on June 15, 2012.

The client was excited to hear the good news. He plans to start looking for a job as soon as school ends in a couple months. If you are considering the DACA process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to answer your questions and help you better understand the process.

We recently received an approval notice for the Form I-360 for an Orange County client living in Westminster. We filed the case one year ago with the Vermont Service Center of USCIS. In order to be approved under the Violence Against Women Act (“VAWA”), the self-petitioner must show that 1) she entered into a good faith marriage to a US citizen or lawful permanent resident; 2) she resided with the spouse in the US; 3) she is of good moral character; and 4) she has been battered by or subjected to extreme cruelty by the spouse during marriage.

In this case, our client married her US citizen husband over a decade ago. The couple had two children together and we provided USCIS with the children’s birth certificates. We provided joint tax returns and joint bank account statements to proved shared residence. We sent the results of a criminal background check to USCIS to show that our client had good moral character and no criminal convictions or arrests. We provided arrest reports for the husband showing he was arrested by the police for attacking his wife. We provided conviction documents to show that he was convicted of domestic violence battery as well.

We believed from the very start that this was a strong VAWA case. We had our client draft a written statement describing how she met her husband, started dating and got married. We asked her to describe the violence and when it began. We helped her develop the written statement by telling her what to focus on and helping her draw out the details that USCIS would find relevant. As always, the drafting of the written statement is an ongoing and cooperative process that can be emotionally intense for the client. She is asked to recall memories and incidents she would likely want to leave in the past. Our client did a great job, and the case was approved without the issuance of a Request for Evidence.

The client was very happy when she learned of the approval. Now, we will wait for USCIS to process the I-485 application to adjust status to permanent resident. If you are the victim of domestic violence and would like to better understand the immigration options available to you, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will meet with you confidentially and help you understand the process.

We just received an approval notice for DACA for one of our Orange County clients living in Dana Point. In order to obtain deferred action through DACA, which was announced on June 15, 2012, the applicant must meet several requirements. She must have arrived in the US before the age of sixteen. She must have resided in the US continuously for the five years preceding June 15, 2012.  She must have been present in the US on June 15, 2012. She must be in school currently or graduated high school or obtained the GED. She must be under the age of 31 years old. She cannot have a significant criminal record.

In this case, our client entered the US legally when she was four years old. We provided the I-94 to prove entry. Additionally, we provided school records and other evidence to show that she has lived in the US since that time. We provided a California Department of Justice report showing no convictions whatsoever.

We filed the case in October, and, five months later, USCIS sent the approval notice. From our experience, most DACA cases are being adjudicated within 3-5 months. The client was very happy to finally have work authorization. She plans to obtain her driver’s license and find a job as soon as possible. If you are considering the Deferred Action process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will meet with you on a confidential basis and help you better understand the process.

We recently received an approval notice for Deferred Action for Childhood Arrivals for one of our Anaheim clients. She first entered the US when she was eight years old. We provided junior high and high school transcripts to prove that she arrived in the US prior to her sixteenth birthday.

Additionally, we provided evidence that she has lived in the US for the last five years without interruption and she has no criminal convictions. We provided evidence that she graduated high school and is currently attending junior college classes. We filed the DACA case in mid-November, and USCIS processed the case within four months.

Our client received her work authorization card and she already went to the Social Security Administration to obtain a valid social security number. She will be asking the Department of Motor Vehicles for a driver’s license soon.

If you are considering the deferred action process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand whether DACA is appropriate for you.

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.