OC Immigration Attorney

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.

We just received a notice of approval for an N-336 we filed for a client living in Santa Ana. The client will be able to naturalize and become a US citizen now.

At the first interview, our client attended by herself without legal representation. The officer (who happens to be one of the most difficult officers with whom to work) asked for all types of tax documents from the applicant’s husband’s business. Although these documents were completely irrelevant, the officer demanded them or she threatened to deny the case. The applicant was unable to organize and find the tax documents in the 30 day time period allowed by the USCIS officer, and the case was denied.

Upon filing the N-336, I argued that the tax records for the husband’s business were irrelevant and had no bearing on the applicant’s moral character. The N-336 officer agreed with me and approved the case.

If you are considering naturalization or have been denied and want to file the N-336, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez is well versed in the naturalization laws and will help you better understand the process of naturalization and chances for success.

An Orange County client was approved for naturalization this week after being a permanent resident for over two decades. She is originally from the Philippines, but she has lived in Mission Viejo, California for the past ten years, and she finally decided to naturalize and become a US citizen.

We filed the naturalization application (N-400) along with all the necessary evidence in October. There were no major issues involved in the case, and the processing went smoothly. At the interview, the examiner asked standard questions, which my client was prepared to answer. At the end of the interview, the officer informed her that she was approved for naturalization. She will likely have her oath ceremony in late January or February. After that, she will be eligible to vote and enjoy all the privileges that accompany United States citizenship.

If you are considering the naturalization process, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally discuss your situation with you and help you decide the best course of action for you.

I just found out that my client’s N-400 was approved after a lengthy process with USCIS. My client has been a lawful permanent resident since 1998; however, she lived primarily in her home country until June 2006. She visited the United States once per year during that time. She resides in Irvine in Orange County, California.

We filed for naturalization in June 2010 based on 8 CFR 316.5(c)(1)(ii), which states that if a naturalization applicant disrupts her permanent resident status by leaving the United States for over one year, she can reapply for naturalization 4 years and one day after returning to the United States.

In our case, my client was out of the United States for under one year. USCIS argued that the 4 year and one day rule only applied to applicants that were out of the country for over one year. They argued that the rule did not apply to my client because she was out of the country for less than one year.

I pointed out to them that their interpretation of 8 CFR 316.5(c)(1)(ii) clearly violated the spirit of the regulation. Essentially, USCIS was saying that my client was in a worse position because she did not stay out of the country for more than one year. I pointed out that their interpretation resulted in a ridiculous outcome, and that the US Supreme Court has repeatedly stated that “Nothing is better settled than that statutes should receive a sensible construction such as will effectuate the legislative intention, and, if possible, so as to avoid an unjust or an absurd conclusion.” Lau Ow Bew v. United States, 144 U.S. 47, 59 (1892).

Ultimately, USCIS changed their position and approved the case. My client was very pleased that she would not need to wait another year to naturalize.

If you are considering naturalization, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will meet with you to discuss your  case and likelihood for success during a free and confidential consultation.

New Application and Petition Fees Go Into Effect on Nov. 23, 2010
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) reminds customers that its new fee schedule goes into effect Nov. 23, 2010.  Applications or petitions postmarked or otherwise filed on or after this date must include the new fee, or they will be rejected.

USCIS published the new fee schedule in the Federal Register on Sept. 24, following a comprehensive review of public comments received after publication of the proposed rule this summer.

The new fee schedule increases application and petition fees by an average of about 10 percent but does not increase the naturalization application fee.

Final Rule: Schedule of Fees

The following schedule lists the adjusted fees that will take effect on November 23, 2010, alongside the existing fees in effect until that date:

Form No.Application/Petition Description             Existing Fees (effective through Nov. 22, 2010                 Adjusted Fees (effective beginning Nov. 23, 2010)

I-90       Application to Replace Permanent Resident Card$290$365
I-102    Application for Replacement/Initial Nonimmigrant Arrival-Departure Document$320$330
I-129/129      CWPetition for a Nonimmigrant Worker$320$325
I-129F        Petition for Alien Fiancé(e)$455$340
I-130        Petition for Alien Relative$355$420
I-131       Application for Travel Document$305$360
I-140     Immigrant Petition for Alien Worker$475$580
I-191     Application for Advance Permission to Return to Unrelinquished Domicile$545$585
I-192     Application for Advance Permission to Enter as Nonimmigrant$545$585
I-193    Application for Waiver of Passport and/or Visa$545$585
I-212    Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal$545$585
I-290B   Notice of Appeal or Motion$585$630
I-360    Petition for Amerasian, Widow(er), or Special Immigrant$375$405
I-485     Application to Register Permanent Residence or Adjust Status$930$985
I-526    Immigrant Petition by Alien Entrepreneur$1,435$1,500
I-539    Application to Extend/Change Nonimmigrant Status$300$290
I-600/600A
I-800/800A      Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing of Orphan Petition$670$720
I-601     Application for Waiver of Ground of Excludability$545$585
I-612     Application for Waiver of the Foreign Residence Requirement$545$585
I-687    Application for Status as a Temporary Resident under Sections 245A or 210 of the Immigration and Nationality Act$710$1,130
I-690   Application for Waiver of Grounds of Inadmissibility$185$200
I-694    Notice of Appeal of Decision under Sections 245A or 210 of the Immigration and Nationality Act$545$755
I-698   Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603)$1,370$1,020
I-751   Petition to Remove the Conditions of Residence$465$505
I-765    Application for Employment Authorization$340$380
I-817    Application for Family Unity Benefits$440$435
I-824    Application for Action on an Approved Application or Petition$340$405
I-829    Petition by Entrepreneur to Remove Conditions$2,850$3,750
I-881     Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105–110)$285$285
I-907    Request for Premium Processing Service$1,000$1,225
Civil Surgeon Designation$0$615
I-924     Application for Regional Center under the Immigrant Investor Pilot Program$0$6,230
N-300   Application to File Declaration of Intention$235$250
N-336    Request for Hearing on a Decision in Naturalization Proceedings$605$650
N-400     Application for Naturalization$595$595
N-470    Application to Preserve Residence for Naturalization Purposes$305$330
N-565    Application for Replacement Naturalization/Citizenship Document$380$345
N-600/600K     Application for Certification of Citizenship/ Application for Citizenship and Issuance of Certificate under Section 322$460$600
Immigrant Visa DHS Domestic Processing$0$165

BiometricsCapturing, Processing, and Storing Biometric Information$80$85

At the naturalization interview this morning, USCIS approved the N-400 application for naturalization for a client from Coto De Caza in Orange County. He is originally from Switzerland, and he came to the United States 15 years ago. He acquired his permanent resident status 12 years ago through his marriage to his US citizen wife. He decided earlier this year that he wanted to become a US citizen, so that he could vote in elections.

The interview went smoothly and we were well prepared. The client passed the English and civics exam. The officer approved the case on the spot, and we should receive the appointment letter for the oath ceremony within the next few weeks.

The client was very excited about the approval, and is excited to vote in Fall elections.

If you are considering naturalization, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will discuss your situation with you and help determine whether there will be any issues or complications with the naturalization process.

We just received the great news that the N-336 for one of my clients was approved today. She was denied naturalization a few months ago when USCIS denied her N-400 application for naturalization. The decision stated that she did not provide enough evidence of her bona fide marriage to a US citizen. She has lived in Laguna with her husband for the last 4 years.

After receiving the denial, she contacted The Nunez Firm to see if I could help her. We began collecting all types of evidence to prove her valid marriage to her husband. After a few weeks of collecting documents we filed the N-336 form.

We attended the interview at USCIS in Santa Ana and handed over a huge stack of evidence to prove the couple’s relationship. Our strategy was to overwhelm the officer with documents and evidence proving bona fide marriage. The stack was at least two inches thick. Clearly, the officer was convinced, because we received the decision for approval just one week later.

If your N-400 was denied by USCIS, contact The Nunez Firm to discuss whether you should pursue an N-336 rehearing. In some cases, there is nothing that can be done to change the USCIS officer’s mind; however, in other cases it is possible to have the case approved after a rehearing with a different officer. Managing attorney Jay Nunez will discuss your case with you personally during a free and confidential consultation.

A naturalization client in Huntington Beach had her N-400 application for naturalization approved today despite being convicted for a DUI five years ago. Due to the Driving Under the Influence misdemeanor conviction, she was sentenced to three years probation, which ended two years ago. She did not have any other convictions on her record.

Generally, a naturalization applicant must show good moral character over the last five years. However, because my client has been married to a US citizen for the last three years, the good moral character period applies only to the last three years. Because her DUI conviction occurred outside the three year statutory period, I argued that USCIS should not consider the DUI conviction. During the interview, the examiner pointed out that my client was on probation during the three year period in question. I argued that because a DUI is not considered a crime involving moral turpitude under Matter of Lopez-Meza (BIA 1999), the probation that resulted from the DUI cannot logically be considered a mark against my client’s moral character.

Additionally, I pointed out that 8 CFR 316.10(c)(1) states “An applicant who has been on probation, parole, or suspended sentence during all or part of the statutory period is not thereby precluded from establishing good moral character, but such probation, parole, or suspended sentence may be considered by the Service in determining good moral character. An application will not be approved until after the probation, parole, or suspended sentence has been completed.”

I argued that because my client was no longer on probation and the DUI misdemeanor was her only conviction, she should be considered to have good moral character and her naturalization application should be approved.

We provided USCIS with extensive documentation regarding my client’s good moral character including letters from employers, friends and her pastor. Ultimately, the examiner agreed that my client proved good moral character and approved the case. My client was extremely happy with the outcome, and she looks forward to her oath ceremony, which should occur in the next month or so.

If you are considering naturalization, but you are worried about previous convictions and how they might affect your naturalization attempts, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally discuss your case with you and explain the risks, options and chances of success so that you can make an informed decision.