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Posts Tagged ‘approved’

I-751 Petition Based on Good Faith Marriage Approved After Three Years

May 23rd, 2013 No comments
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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.

Motion to Reopen Granted for Denied I-485; Adjustment of Status Approved for San Diego Client

May 21st, 2013 No comments
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In November 2012, I attended an interview in the San Diego office of USCIS with my client from Oceanside. She is originally from Great Britain and married a US Citizen, who was also an active duty Marine. The couple had a young child. My client initially entered the United States under the visa waiver program in the 1990s. She overstayed and remained in the US without authorization for over a decade.

Standard USCIS policy is that visa waiver overstays are eligible to adjust status like any other legal entrants to the United States. However, the San Diego office takes a different approach – the San Diego office posits that visa waiver overstays are not eligible to adjust status. Further, because visa waiver entrants forego their right to a removal trial as a condition of being admitted on the visa waiver program, they cannot argue to an immigration judge that they should be admitted as lawful permanent residents.

In the present case, we filed for adjustment of status in San Diego despite the visa waiver entry. We intended to argue that our client’s husband was an active duty Marine and she should be considered for military parole in place as a result. Military parole in place allows the spouses of active duty service members to adjust status despite illegal entry into the United States. The policy is meant to benefit service members who risk their lives for the United States.

At the interview in November, everything went well. The officer seemed sympathetic to our case and even remarked that he was in the Marines and worked on the same vessel that my client’s husband works on. He told us that he needed to get his supervisors approval for visa waiver entrant cases, but he did not think that would be a problem. A few weeks later, we received an approval notice for the I-130 visa petition, but nothing regarding the I-485 application to adjust status.

Shortly after the holidays, we received a denial of the I-485. We immediately prepared an appeal. Additionally, we filed a motion to reopen and sent a letter to the USCIS director in charge of San Diego pointing out that even if my client entered the US illegally she would remain eligible to adjust status under military parole in place. For several months, we did not hear anything. My client was nervous that she might be forced to return to Great Britain and separate from her husband and child. She was terrified at the prospect.

Just a few days ago we received the approval notice stating that the case was reopened, the denial was reversed and my client would receive her green card. The client was thrilled and relieved. She knows she can stay in the United States with her family indefinitely. If you are considering the marriage based 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 process and any issues that might arise.

Client in Pittsburgh, PA approved for Naturalization as US Citizen

January 25th, 2012 No comments
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We recently received the good news that one of our clients from Irvine, who is currently studying in Pittsburgh, Pennsylvania was approved for naturalization. There was an issue whether our client, who was a permanent resident, had broken his continuous residency and was barred from naturalization. In general, a naturalization applicant must satisfy USCIS that s/he has maintained continuous residency in the United States during the statutory time period, which is generally five years (three years in some cases).

The naturalization applicant cannot leave the United States for more than six months. An absence of more than six months raises a rebuttable presumption that continuous residency has been broken. USCIS will consider the following factors when deciding whether the applicant has rebutted the presumption: maintaining employment in the US; presence of immediate family in the US; retention of full access to US home; not obtaining employment abroad. Other factors may be considered relevant as well.

If an applicant is absent from the US for over one year, continuous residency is broken. There are certain exemptions including military service abroad, employment abroad and spouses of US citizens working abroad for US companies. There are very specific details regarding these exemptions, and you should contact The Nunez Firm to inquire if they apply to you.

In the present case, we provided USCIS with a legal brief explaining the law and why our client’s absence from the US did not disqualify him from naturalizing. The client advised that the naturalization interview went smoothly and he was very happy that he would soon be taking the oath ceremony to become a naturalized US citizen.

If you are considering the naturalization process, contact The Nunez Firm to schedule a free consultation. We handle many naturalization proceedings every year including complex cases involving criminal convictions and routine naturalizations involving clients that want to ensure that everything will go smoothly. Managing attorney Jay Nunez will personally meet with you to discuss the facts involved with your case and whether naturalization is a viable option for you.

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