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.

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 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.

We just received great news that one of our clients from Garden Grove was approved for a conditional resident card through adjustment of status. She married her husband last year after the couple knew each other for many years. Everything about the case was fairly standard except one issue – whether she was admitted into the United States.

In general, in order to adjust status to permanent resident through marriage to a US citizen, the couple must prove many things such as good faith marriage and joint asset ownership among others. The alien is permitted to adjust status (subject to the discretion of USCIS) if the alien was inspected and admitted into the United States. In most cases, the alien will have an I-94 arrival record to prove lawful admission. A stamp in the alien’s passport is helpful evidence as well.

In 2010, the Board of Immigration Appeals decided the case of Matter of Quilantan. In Quilantan, the BIA held that an alien who physically presents herself for questioning and makes no knowing false claim to citizenship is inspected even though she volunteers no information and is asked no questions by the immigration authorities, and that such an alien has satisfied the inspected and admitted requirement of INA 245(a). In Quilantan, the alien was a citizen of Mexico. She did not have a visa or border crossing card when she approached the border as a passenger in a car driven by her US citizen friend. The immigration officer asked the driver if he was an American citizen and the driver confirmed that he was. The officer did not ask Ms. Quilantan any questions before waving the car through to the United States. The BIA held that Ms. Quilantan had been admitted to the US as required in order to adjust status to permanent residency. The BIA held that Ms. Quilantan’s entry had been procedurally proper because she underwent an inspection by an immigration officer, who subsequently admitted the alien. DHS argued that Ms. Quilantan’s entry was not procedurally proper because she had not shown that she was admitted in a particular immigrant or non-immigrant status. DHS argued that Ms. Quilantan was required to present herself before an immigration officer as an alien. The BIA disagreed.

In our case, the facts were remarkably similar. Our client was a young child when she was placed in a car with her relatives. There were five individuals in the car. All were either US citizens or lawful permanent residents other than my client. The officer at the border asked for the driver’s green card, but did not ask for anyone else’s proof of admissibility. The officer waved the car through.

Because Quilantan is a relatively new case, we provided USCIS with a legal brief explaining why our client was eligible for adjustment of status. During the interview, the officer asked many questions about my client’s entry into the United States. My client answered the questions honestly and to the officer’s satisfaction. The officer took the case under review and a few weeks after the interview the case was approved.

Because my client’s marriage is less than two years old, she will be required to file an I-751 in two years to remove the conditions on her residency. I advised her that she should collect evidence of living together and conducting themselves as a married couple for the next two years.

If you are considering adjustment of status based on marriage to a US citizen, 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 the options available to you.

The California Service Center published an updated processing time report for February 5, 2013. The chart identifies the various forms the California Service Center processes including the current wait time an applicant should expect.

The California Service Center processes I-751, I-765, I-130, and I-129F among others.

If your case has been pending for longer than the estimated processing time, contact The Nunez Firm. We might be able to help spur activity on your case.

We just received an approval notice for the removal of conditions on lawful permanent residence (I-751). The husband is originally from Japan. He and his wife, who is a US citizen, originally met in 2008 while living in Hawaii. They dated for almost a year before deciding to marry and move to California. They hired us shortly after their wedding in 2009 and we helped the husband with adjustment of status to lawful permanent residence. Because the marriage was less than two years old at the time of the adjustment to permanent residence, the husband was approved for a two year conditional resident status. This meant that he would need to file an I-751 with USCIS during the 90 day period immediately preceding the expiration of his two year green card.

The couple came back to us when it was time to remove the conditions and file the I-751. We helped them collect the necessary evidence and compile a packet of evidence that proved the couple had been living in a good faith marriage and combining their assets for the last two years. We provided bank statements, joint tax returns, proof the couple had been living together and many other pieces of evidence. When we filed, we were confident that we were presenting a compelling packet of evidence; however, I believed we would likely need to attend an interview with USCIS. In I-751 cases, USCIS has the option of calling an interview before adjudication of the I-751. I was surprised when we received an approval without an interview.

The couple is very excited as well. They are already talking about naturalizing the husband as a US citizen, which he will be eligible for in a few months. If you are married to a foreign-born spouse and are considering the green card process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will help you better understand the process that applies to your situation. We have helped countless couples obtain green cards in the United States and avoid deportation.

Facts:
In Matter of Stockwell, a 46-year-old male, native and citizen of the United Kingdom, entered the U.S. in 1987 as a visitor. He married a U.S. citizen in 1987 and was granted permanent resident status on a conditional basis. They divorced in 1988, and he married a second U.S. citizen on July 6, 1989. His new wife filed a visa petition on his behalf that was approved on September 19, 1989. He was placed in deportation hearing on July 14, 1989 because his conditional permanent residency terminated. IJ found that Stockwell was deportable since his conditional permanent resident status had been terminated. He granted his application for adjustment of status.

Procedural Posture:
IJ found that Stockwell was deportable since his conditional permanent resident status had been terminated. He granted his application for adjustment of status.
The USCIS appealed on the ground that the Congressional intent of 245(d) was to exclude aliens who have had their conditional status terminated as well as those continuing to hold conditional status.

Issue:
Whether section 245(d) of the INA (“Act”) prohibits an alien whose conditional permanent resident status has been terminated from adjusting status under section 245(a) of the Act.

Holding:
No. Affirmed IJ’s holding that Stockwell be granted to adjust status based on his second marriage to a U.S.C. wife.

Rule:
An alien holding conditional permanent resident status is prohibited by section 245(d) of the Immigration and Nationality Act, 8 U.S.C. Section 1255(d)(1988), from adjusting his status under section 245(a), but Section 245(d) of INA does not prohibit an alien whose conditional permanent resident status has been terminated from adjusting his status under section 245(a).

Reasoning:
The Board focused on the congressional intent of 245(d), which was to prevent aliens from circumventing the immigration legal system through fraudulent marriages. By barring adjustment of status during the 2-year conditional period, Congress sought to prevent aliens from acquiring conditional permanent residency through marriage only to adjust status on another basis. This way, they might have tried to bypass the requirements for removing the conditions of residence. Therefore, the Board reasoned that section 245(d) of the Act was not intended to prohibit an alien whose conditional permanent resident status had been terminated from adjusting status under 245(a).

If your I-751 has been denied by USCIS and your case has been transferred to the immigration court, 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 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.

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.

I just attended an adjustment of status interview yesterday at the Santa Ana office of USCIS. I accompanied a Huntington Beach couple to the adjustment interview. The couple met in 2009 while the US citizen wife was visiting Europe. While traveling with a friend, she met her future husband and they hit if off. The couple continued communicating after she left Europe, and he visited on the Visa Waiver Program a few months later. The couple visited each other over the next couple years with her traveling to see him in Europe on a few occasions. He traveled to the US to see her and meet her parents as well.

In June 2011, he came to the United States on a J-1 visa and stayed with her. After a month in the United States, he proposed marriage to her and she accepted while the couple was in Las Vegas celebrating her birthday with her family. She was overjoyed and accepted.

The couple attempted the adjustment of status process on their own initially; however, they didn’t follow the procedures correctly and the I-485 was denied. After that, they came to The Nunez Firm to seek assistance. We handled all the paperwork for them and filed the case within a month or so. A few months later, USCIS scheduled the interview. I prepared them for the interview and advised them on what to expect at the interview. They were well-prepared and everything went smoothly. The USCIS officer approved the case after a 30 minute interview and the couple was happy.

After the interview, I advised them that they will need to file an I-751 petition to remove the conditions on permanent residency. I advised that they should collect documents proving joint residency over the next two years so they will be well-prepared to file the I-751.

If you are considering the adjustment of status process, contact The Nunez Firm where we handle countless adjustments every year. Managing attorney Jay Nunez will personally meet with you to help you better understand the process and whether adjustment of status is a viable option for you.