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 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 received great news that an I-751 joint petition to remove conditions on permanent residency was approved by USCIS. We originally handled the couple’s adjustment of status and waiver applications in 2010. Everything was approved, and the wife, who was originally from Mexico, was approved for a conditional green card. Because at the time of the adjustment of status, the couple had been married less than two years, the wife was approved for conditional status for a two year period. The conditional permanent resident status is a way for USCIS to prevent against marriage fraud. The thinking is that a newly married couple can still obtain a green card for the alien spouse for a two year period. After two years, the couple must provide more evidence to show that they couple has lived in a good faith marriage for the last two years. This allows USCIS to review the case again and make certain they are convinced of the bona fides of the relationship.

In early 2012, the couple contacted The Nunez Firm to ask us for help in applying for the removal of conditions. We met with the couple and reviewed the evidence they brought. We asked them to look for other evidence they had not considered. A few months later, we prepared a comprehensive packet of evidence to show that the couple was still living together and carrying on their lives as a married couple would be expected to do. Per 8 CFR 216.4(a)(1), we filed the joint I-751 petition within 90 days before the second anniversary of the grant of permanent resident status. We provided insurance policies showing both husband and wife as covered individuals. We provided joint bank accounts and photos of the couple.

With an I-751, USCIS wants to see that the qualifying marriage was entered into in good faith. They generally want to see evidence such as joint ownership of property, a lease showing joint tenancy, commingling of finances, birth certificates of children, affidavits of third parties attesting to the relationship and photos of the couple/family among other documents.

The I-751 for this Irvine couple was approved without an interview. The couple was happy that they would not need to attend another interview, because the interview process can be stressful. If you are a conditional resident and your two year expiration date is approaching, contact The Nunez Firm to schedule a consultation. Although you cannot file the joint I-751 before the 90 day window, it is best to start preparing the case a few months in advance. This gives us ample time to prepare as convincing of a case as possible in the hopes that we can obtain an approval without the need for an interview.

We received an approval for permanent residence for the wife of a US Citizen living in Ladera Ranch. The husband is a natural-born US citizen and the wife is originally from Venezuela. The couple married in 2002 and they have two children – both US citizens. After several years of marriage, they decided to proceed with the I-485 application for permanent residency.

The wife entered legally using a B-1/B-2 visitor visa several years ago. Although she overstayed her authorized period of visitation, she was eligible to adjust status to permanent resident as the spouse of a US citizen. In general, an immigrant may adjust status to permanent resident only if she is in an authorized immigrant status at the time of application for adjustment of status. An exception to this rule allows the spouses and parents of US citizens to adjust status even if they are not in legal immigrant status.

We provided USCIS with evidence to help prove the couple’s relationship and the validity of the marriage. We provided the birth certificates of the children and joint tax returns among other documentation.

At the interview, everything went smoothly and as expected. The I-130, I-765 and I-485 were approved. The wife was approved for permanent residency, and because the marriage is over two years old, she will not be a conditional permanent resident. She will not need to file an I-751 application to remove conditions on permanent residence.

The couple was pleased when they found out that the case was approved. They look forward to living together in the US without worrying about being out of status or deportation. If you are considering adjustment of status for an immediate relative, contact The Nunez Firm to schedule a consultation. We handle many adjustment of status cases every year, and Managing Attorney Jay Nunez will personally meet with you to help you better understand the process and options available to you.

We recently found out that our clients from Newport Beach were approved for a fiance visa. The wife is a US citizen living in Orange County. The husband is from India. They met through a friend while the wife was visiting India. They began corresponding with each other and after another visit by the wife to India, they decided to get engaged. We applied for the fiance visa earlier this year and the husband recently attended the consular interview in India. We provided evidence of the wife’s travels to India.

The consular officer approved the fiance visa and the couple traveled to the United States together last week. As is required under the fiance visa adjustment process, the couple plans to marry this month so that we can move forward with the green card application. We will need to attend an interview at the USCIS office in Santa Ana. Assuming everything goes smoothly there, the husband should receive his green card and be able to start working within the next six months.

If you are considering the fiance visa process, contact The Nunez Firm. We handle all types of marriage-based immigration matters and managing attorney Jay Nunez can help you better understand the process and whether the fiance visa is the best option for you.

I recently attended an adjustment of status interview at the Orange County USCIS office in Santa Ana. My clients were a married couple living in Irvine. The couple has been dating since they were in high school in northern California. They decided to finally marry earlier this year.

At the interview, we provided evidence of their relationship including previous lease agreements and a joint bank account. The couple did not have many bills in the husband’s name because he did not have a social security number when they signed up for service. We provided numerous photos to show that the couple had been together for many years prior to the marriage. We also provided final court dispositions for the minor traffic offenses for which the husband was convicted.

The officer was satisfied that the couple was involved in a good faith marriage and the husband was admissible despite the convictions, and she approved the husband’s green card on the spot. The approval included the I-485 and I-130 visa petition. The couple was extremely happy that they will be able to move forward with their lives without worrying about the husband living in the shadows and working illegally from now on.

I explained to the couple that because their marriage is less than two years old, they will need to file an I-751 application to remove conditions in two years. I advised them to collect as many documents to prove good faith marriage as possible: lease agreements, joint tax returns, joint health insurance, auto insurance, mortgage, children’s birth certificates, etc.

If you are considering the green card process, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally meet with you during a free consultation in order to better explain the process and help you understand whether you are eligible.

We just received an adjustment of status approval for an Irvine client, who is the wife of a US citizen. The couple has known each other for decades, but started dating about five years ago when they were reacquainted in Canada. She lived in Canada and he lived in California. They traveled to visit each other often and when she visited for Thanksgiving in 2011, he proposed to her saying he didn’t want her to leave again and he wanted to start his life with her in the US. She accepted.

Earlier this year, they came to us asking about the immigration process. We explained the process and what to expect including the various fees and information and documents required. After being retained, we collected the documents and compiled the packet for USCIS including the I-130 visa petition and I-485. Everything processed in a timely fashion and within four months of filing the packet with USCIS, we were scheduled for an interview in Santa Ana.

At the interview the officer asked questions about how they met, when they started dating and the marriage proposal. The couple answered the questions honestly and we provided evidence of the good faith marriage including life insurance policies, shared health insurance and joint bank accounts. The officer was satisfied that the marriage was valid and approved the green card on a conditional basis. Because the marriage occurred within the last two years, the couple will need to file an I-751 two years from now and provide more evidence that they are still living together and conducting themselves as a married couple would be expected.

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 discuss your options and help you better understand marriage based adjustment process.

USCIS approved a green card for a Santa Ana client, who has been married to his US citizen wife for almost six years.The couple came to us earlier in the year and we filed the I-485, I-130 and all the other necessary paperwork required for adjustment of status.

I recently attended the interview with the couple and everything went smoothly. The couple has been together for many years, but only recently decided to move forward with the adjustment of status. Despite the husband having a single conviction for petty theft, USCIS approved the green card based on the petty theft exception. In general, a criminal conviction for theft can result in inadmissibility problems for the alien beneficiary. However, if the conviction is for a petty offense, the petty offense exception can help avoid inadmissibility and the need for a waiver. A conviction is considered a petty offense if the maximum penalty possible for the the crime did not exceed imprisonment for one year and the alien was not sentenced to a term of imprisonment in excess of six months. The petty offense exception is not applicable if the alien has committed more than one crime involving moral turpitude.

Because the couple has been married for more than two years, the green card was approved for permanent resident status, and the couple will not need to file an I-751 joint petition two years from now. The husband will be eligible to file for naturalization in three years. The couple was very happy and planned to celebrate together this weekend.

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 discuss the process and whether you are eligible for a green card.

We recently received an approved I-485 and I-130 for our Costa Mesa client. He is originally from Europe and she is a US-born citizen. The couple dated for a long while before deciding to get married and go forward with the adjustment of status process. We filed a few months ago and because USCIS has been processing marriage based adjustment cases so quickly, we just recently had the good faith marriage interview.

The interview went smoothly with no major issues. The couple has a one year old child together so good faith marriage was a relatively low concern for the USCIS officer. We provided USCIS with other proof of the relationship as well including joint health insurance, joint back account records, joint car insurance and a joint lease for an apartment.

The couple was very excited that they would be able to stay together in the US and the husband would be able to start looking for work. I advised them that they would need to file the I-751 to have the conditions removed from permanent residency in two years. I advised how they could best prepare for that process as well.

If you are considering applying for a green card, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally meet with you to discuss your case and help you better understand the options available to you.

I just returned from an adjustment of status interview with my clients from Irvine and the green card was approved. The interview took place at the Santa Ana office of United States Citizenship and Immigration Services. Everything went smoothly and the officer was satisfied that the marriage was entered into in good faith and not for immigration purposes.

The couple met two years ago while working at a summer camp with children. The husband was in the US on a J-1visa. They spent a lot of time together that summer and started dating by the end of the summer. Over the next year they remained in contact and visited each other when they could. In 2011, while on a ski trip in Europe the husband proposed and the wife accepted. They planned for a July 2012 wedding. He visited in the summer of 2011 and they decided they did not want to live apart anymore if possible.That’s when they came to see me.

I explained that it would be possible to obtain permanent residency while in the United States without having to travel abroad and process the case through the consulate. The couple got married in October 2011 and we helped put the adjustment of status and visa petition packet together for filing with USCIS. Within a a couple months we were scheduled for the interview.

Because the couple is young, we didn’t have much evidence to prove joint asset ownership, but we provided a lot of correspondence, photos, statements from parents about meeting the in-laws, joint lease and joint bank statements. The officer took into account the age of the couple and approved the case for conditional permanent residency.

After the interview I explained that the couple would need to file the I-751 petition jointly in order to have the conditions removed from the green card. I advised that they should save as many joint documents as possible over the next two years so that USCIS will have a lot of evidence upon which to base an approval. They stated that they intended to hire The Nunez Firm to help with that process.

I also explained that if the husband is interested in becoming a US citizen, he would be eligible to do so three years from now as the spouse of a US citizen. Most permanent residents must be residents for 5 years, but spouses of US citizens have a shorter wait time depending on other factors. The couple was very happy and said they were going to go celebrate with brunch and possibly a mimosa.

If you are considering the adjustment of status process, contact The Nunez Firm. We handle many marriage based green card cases in Orange County and managing attorney Jay Nunez will attend the interview with you to make sure you are treated fairly and with respect.