I-751 Petition to Remove Conditions on Residence Approved for Clients in Orange County; No Interview Requested by USCIS
We just received another approval for a Form I-751 Petition to Remove Conditions on Residence. USCIS approved the case without requesting an interview, and the clients were happy about that.
The clients had known each other for decades. They were family friends for many years and they both grew up in another country together. The husband became a US citizen several years ago through naturalization. After years of being friends, their relationship progressed and they got married. We represented them during the adjustment of status process. The wife was living in the US. She entered legally, and, after the couple got married, we filed for her to adjust status to permanent resident while living in the US. Everything went smoothly with the process and she was approved for a conditional permanent resident card. For the last two years the couple has lived in Aliso Viejo.
Because the marriage was less than two years old at the time of approval of the green card, she was granted conditional resident status. This meant that she was given a permanent resident card for a two year period. During the ninety days preceding the expiration date of the card, she had to file to have the conditions removed from her lawful resident status. With the I-751 process, USCIS has the option of approving the case without calling for an interview. If USCIS is convinced that the evidence provided is sufficient, they can approve the case without an interview in the Santa Ana office of USCIS.
In this case, we provided a substantial packet of evidence to prove the marriage was entered in good faith. Approximately four months after filing the I-751, the case was approved without an interview. As the spouse of a US citizen, she will be eligible to naturalize in about eight months.
If you or your spouse is a conditional permanent resident and the expiration date is less than six months away, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the process and how we can help. Every year we handle at least a dozen I-751 cases so we know what USCIS wants to see.
We just received an approval notice for an I-751 petition to remove conditions on permanent residency for one of our Huntington Beach clients. We filed the case earlier this year prior to the expiration of the husband conditional permanent resident card expiration. It took USCIS less than five months to approve the case.
We originally represented this client in the adjustment of status process based on his marriage to his US citizen wife. At the time of the adjustment of status the couple’s marriage was less than two years old; therefore, by law, he was granted conditional permanent resident status for two years. Towards the end of the two year period, he was required to file the Form I-751 with USCIS in order to have the conditions on permanent residency removed.
Unlike the adjustment of status process which requires an interview with a USCIS officer, the I-751 interview is optional at the discretion of USCIS. If USCIS believes the evidence provided with the I-751 was sufficient, the USCIS officer can approve the case without an interview in the Santa Ana office. In this case, we provided approximately 90 pages of evidence in support of our I-751.
The couple was extremely happy to hear that the husband would be issued a ten-year green card. I advised that he will be eligible to naturalize as a US citizen in approximately one year. As the spouse of a US citizen, a permanent resident that has been 1) married for three years and 2) a permanent resident for three years, is eligible to become a US citizen through naturalization.
If you are a conditional permanent resident and your two year expiration date is approaching, contact The Nunez Firm to schedule a consultation. It’s best to contact us about six months before the expiration date. This allows us ample time to prepare a persuasive and effective case.
With Congress Refusing to Act President Obama Pursues Executive Action to Reform US Immigration Laws
WASHINGTON (Reuters) – President Barack Obama said on Monday he would take executive action to reform the U.S. immigration system after hopes of passing legislation in Congress officially died.
Republican John Boehner, speaker of the House of Representatives, told Obama last week that his chamber would not vote on immigration reform this year, killing chances that a wide-ranging bill passed by the Senate would become law.
The collapse of the legislative process delivers another in a series of blows to Obama’s domestic policy agenda and comes as he struggles to deal with a flood of unaccompanied minors from Central America who have entered the United States.
It also sets up a new battle with congressional Republicans, who accuse Obama of going beyond his legal authority to take executive action on issues such as gay rights and equal pay for women and men.
Obama chided House Republicans for refusing to bring immigration reform to a vote and said only legislation could provide a permanent fix to the problem.
“I take executive action only when we have a serious problem, a serious issue, and Congress chooses to do nothing. And in this situation, the failure of House Republicans to pass a darn bill is bad for our security; it’s bad for our economy, and it’s bad for our future,” Obama said in the White House Rose Garden.
“America cannot wait forever for them to act. That’s why today I’m beginning a new effort to fix as much of our immigration system as I can on my own, without Congress.”
The president directed Secretary of Homeland Security Jeh Johnson and Attorney General Eric Holder to move enforcement resources from the U.S. interior to the border to promote public safety. He said he asked his team to prepare recommendations on other actions he can take unilaterally by the end of the summer.
We received another I-751 Approval without an interview. We represented this couple in obtaining the husband’s marriage-based green card in 2011. Because the marriage was less than two years old at the time of the adjustment of status, he was issued a conditional permanent resident card with a two year expiration date. When it came time to petition for the removal of conditions, we represented them again.
We provided USCIS with substantial evidence to show their relationship was still viable and entered into in good faith. We provided over a hundred pages of evidence. After only a few months, we received the approval notice for the I-751. Unlike the adjustment of status process in which USCIS must conduct an interview with the married couple, the I-751 process does not require an interview. If the USCIS officer charged with reviewing the I-751 is satisfied that the evidence proves good faith marriage, the officer can waive the interview and approve the case. If the officer remains unconvinced, s/he can schedule an interview.
Over the last 18 months, all of our joint I-751 petitions have been granted without an interview. If your conditional permanent residency is expiring in the next six months, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will help you understand the process and assess how we can help you.
Beginning March 31, 2014, Chileans meeting the criteria of the Visa Waiver Program may travel to the United States for business or tourism, for up to 90 days, without a visa.
The Visa Waiver Program (VWP) allows citizens of participating countries to travel to the United States without a visa for stays of 90 days or less, when they meet all requirements explained below. Travelers must be eligible to use the VWP and have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel.
Chile is the first and only country from South/Central America to join the Visa Waiver Program.
The Department of State released the July 2014 Visa Bulletin. The Employment-Based Second Preference, which covers members of professions holding advanced degrees and aliens of exceptional ability, jumped for Indian nationals. The June 2014 bulletin show processing for May 2004; however, the July 204 bulletin jumped to September 2008. This date could retrogress soon, so aliens with EB2 priority dates before September 2008 should consult their immigration attorneys to see about filing for adjustment of status as soon as possible.
If you are considering a visa petition based on family relationship or employment, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you and help you better understand your options and the overall process.
We just received great news that one of our Irvine clients was approved for removal of conditions on permanent residency. We filed the I-751 form with USCIS in late January about ninety days before her conditional green card was set to expire. We provided evidence that the couple lived together and although they do not have any children, we provided documents showing that they’ve worked with fertility specialists. We included over a hundred pages of evidence to support a finding of good faith marriage. We represented these clients with the marriage based adjustment of status process two years ago, so we knew exactly what had been filed previously in their case.
The case was approved without an interview. The couple is happy with the outcome and looks forward to visiting the wife’s family this summer. If you have a conditional green card and the expiration date is set to expire in the next six months, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the process.
One of our clients lost his passport and O-1 visa a few months ago. The O-1 visa is reserved for aliens with an extraordinary ability in sciences, arts, business, athletics, education, motion picture and television. He originally obtained the O-1 based on his musical abilities and his work with well-known rock bands in Orange County. When he lost his passport and visa, he became unable to enter the US. We had him file a police report and apply for a new passport. Once he had the passport, we schedule him for a consular interview in Sydney, Australia. He provided all the evidence we originally filed for the O-1 along with an updated itinerary and proof that he was still touring with his band in the US. Everything went smoothly with the consular processing and he was issued the visa. He should be landing in the US within the next couple days.
If you are considering the O-1 visa process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you and help you better understand the standard of proof for the O-1 visa and whether your case is viable and worth pursuing.
We recently filed an I-824 for one of our clients in Los Angeles. She was approved for VAWA using an I-360. A couple months ago, she adjusted her status to permanent resident based on VAWA and received her green card. When an alien is approved for VAWA, her dependent minor children become eligible for immigrant visas and green cards. Her daughter still lives in the Philippines, so we filed the I-824 Application for Action on an Approved Case asking USCIS to transfer the file to the National Visa Center (Department of State) so they could forward the case to the US consulate in the Philippines. Then, we can process the daughter’s immigrant visa through consular processing.
We hope the consulate in Manila will receive the file in the next couple months so we can get the daughter reunited with her mother as soon as possible.
If you are interested in immigrating a family member to the US from another country, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you during a confidential appointment and help you better understand your options, the process and what to expect.