OC Immigration Attorney

We just received approvals for a husband and wife from Santa Ana. The couple last entered the United States in 1995 and have lived here ever since. In early 2001, the husband’s employer filed a labor certification application for him before the sunset date of April 30, 2001. This made him eligible for INA 245i. The couple’s eldest daughter was born in the United States, and, after she turned 21 years old, the couple approached me about adjusting their status based on being the parent of a US citizen daughter.

We filed the I-130 visa petitions with the daughter as the petitioner and the parents as the beneficiaries. Along with the visa petition we filed the I-485 applications and all the other necessary forms. The interview as originally scheduled on a day that I was in court in Los Angeles, so we rescheduled for a later date.

The only issue that seemed potentially problematic was that the husband was in the United States prior to 1995. He was caught by INS and forced to return to Mexico. He was worried that this would count as a prior deportation which might complicate his case. I explained to the officer that the prior visit to the United States and my client’s subsequent return to Mexico was not a removal or deportation because my client never saw an immigration judge. Prior to IRRIRA, legacy INS did not have the expeditious removal authority it has today. Before IRRIRA, an alien could only be removed if he was ordered deported by an immigration judge. The unlawful presence bars of INA 212(a)(9) did not take effect until April 1, 1997.

In Matter of Rodarte, the BIA held that Congress did not intend for section 301(b) of IRRIRA to apply retroactively. A Department of Homeland Security Memo stated that INA 212(a)(9)(C) does not apply to re-entries that pre-date April 1997.

In the interview the issue did not even come up and the interview went smoothly. The client was very happy to become a lawful permanent resident after over 15 years of waiting. He and his wife were excited and plan to pursue naturalization in five years when they become eligible.

If you are considering the 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 options available to you.

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.

Sen. Marco Rubio, R-Florida, is laying out elements of his proposal to reform the immigration system, which he pitches as much-needed modernization for the outdated system.

Rubio, who was elected in 2010 to his first U.S. Senate term, told The Wall Street Journal in an interview published Saturday that his plan would include a permanent residency provision and a route to citizenship for those undocumented immigrants currently in the United States, but he stressed that the plan was “not blanket amnesty or a special pathway to citizenship.”

The crux of his plan is to meet the country’s economic needs, including expanding the skilled workforce and supporting agriculture, which has relied on undocumented immigrants.

“I don’t think that in the 21st century we can continue to have an immigration system where only 6.5% of people who come here, come here based on labor and skill,” he said in the interview. “We have to move toward merit and skill-based immigration.”

Rubio has previously spoken out in favor of immigration reform and said last summer he was drafting a GOP alternative to the DREAM Act proposals, which would provide some form of legal status to young people who were brought into the U.S. illegally but who seek higher education or military service.

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.

We recently received an approval for adjustment of status to lawful permanent resident for the father of a naturalized US citizen living in Anaheim. The father entered the United States legally using a tourist visa in the 1980s. He has lived here ever since. His daughter became a naturalized citizen a few years ago, and she wanted to petition for him. Even though he was in unlawful status for more than two decades, he was able to obtain permanent resident status because he entered the US legally. In adjustment of status cases, legal entry is normally one of the biggest issues depending on the type of relationship that underlies the visa petition.

The interview went smoothly, the officer asked questions about whether the father had ever left since his first arrival. He asked about group memberships, criminal conviction history and military experience. We had prepared him thoroughly for the interview so there were no problems. The officer was one that I have worked with many times, so the whole experience was friendly and non-confrontational. We provided all the documentation he asked for and the interview lasted only 15-20 minutes.

The clients were extremely happy with the outcome. The father is excited to be able to visit his home country for the first time in decades. He will be able to relax and not worry about being pulled over by police or being deported. He said he wants to learn English so he can apply for naturalization in five years.

If you are considering the adjustment of status process for you or a family member, whether it be a spouse or parent, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will meet with you to help you better understand the options available to you.

We received an approval for a naturalization client in Brea, California. The client was absent from the United States for ten months in 2007-08. Under Immigration and Nationality Act Section 316, a naturalization applicant must reside in the United States continuously during the five years preceding the naturalization application. An absence from the United States for more than six months raises a rebuttable presumption that the applicant disrupted her continuous residency. In order to rebut the presumption of disrupting the continuous residency, the applicant must convince USCIS that the applicant did not abandon her residency.

USCIS will consider many factors in deciding whether the applicant disrupted residency including 1) whether the applicant accepted employment abroad; 2) whether the applicant remained employed in the United States; 3) whether the applicant’s immediate relatives remained in the United States; and, 4) whether the applicant maintained her U.S. abode. We were able to show that our client did not work abroad and certain family members remained in the United States. Additionally, we showed that she maintained her U.S. abode because she continued to receive mail at her siblings’ home while she was abroad for ten months.

We also provided documentation tending to prove that the only reason she stayed outside the country for more than six months was because her fiance became very sick and was diagnosed with cancer while the couple was outside the country. She did not want to abandon her fiance while he underwent treatment; therefore, she decided to stay with him and offer her support. The interviewing officer was satisfied that my client had not intended to abandon her residency and it was only due to special circumstances that she stayed outside the country over six months.

Once that issue was resolved, the rest of the interview went smoothly. My client passed the written, civics and oral tests and she was approved on the spot. If you are considering the naturalization process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you and help you better understand the naturalization process.

We recently received approval for a naturalization client in Newport Beach. He became a permanent resident over ten years ago through his marriage to his US Citizen wife. He postponed naturalization for several years, but recently he decided he wanted to petition for his parents to become lawful permanent residents. He approached The Nunez Firm in early summer 2012 regarding naturalization.

We prepared the necessary forms and evidence making sure that the continuous residency requirement was fulfilled. We filed the packet with USCIS within a couple weeks and four months later the interview went forward. At the interview the officer asked questions about travel outside the United States and employment history. My client was well-prepared and answered all the questions to the officer’s satisfaction. The interview lasted only twenty minutes, which is relatively short, and the case was approved.

My client is scheduled for an oath ceremony later this month, and, after that, we plan to start the visa petition process for his parents. If you are considering the naturalization process in Southern California, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will meet with you to help you better understand the process and your chances of success.

We recently received an approval for naturalization for a Newport Beach client originally from Germany. He has been a permanent resident for many years and finally decided to pursue naturalization so he could petition for his wife, who is an alien.

He originally obtained his green card through employment and the PERM/labor certification process. The naturalization process went smoothly. There were no criminal conviction issues and the only subject that resulted in substantial questioning was the clients extensive travel abroad. We successfully convinced the immigration services officer that the travel did not disqualify the client from naturalization. I personally prepped the client for the naturalization interview in Santa Ana, and I told him what to expect. Although he was still nervous during the interview, I attended with him and made sure that everything went smoothly.

He will be taking the oath ceremony later this month. Afterwards, we intend to file for adjustment of status for his wife so that she can become a permanent resident. If you are considering the naturalization or adjustment of status process, contact The Nunez Firm. Managing attorney Jay Nunez will explain the process to you and advise whether we can be of service. We have helped countless individuals obtain green cards and US citizenship over the years and we can help you better understand the options available to you.

We recently received green card approvals for the parents of a US citizen. The family was originally from Mexico. The parents came to the United States in the 80s. A labor certification was filed for the mother in the late 1990s, which made her eligible for INA 245i. Additionally, the husband and children were considered derivative beneficiaries on the labor certification.

The son married a US citizen several years ago and he became a permanent resident under INA 245i. After five years of permanent residence, he naturalized and became a US citizen.

INA Section 245(i) states that if an I-130 visa petition, I-140 petition, I-360 or labor certification was filed with USCIS on behalf of the alien before April 30, 2001, the alien may be able adjust status and receive a green card without leaving the United States. If the visa petition or labor certification was filed between January 14, 1998 and April 30, 2001, the alien must prove that h/she was in the United States on December 21, 2000. INA 245i is helpful because the alien is not required to travel back to their home country to process the visa. Oftentimes, travel back to the home country can result in a ten year bar from entering the United States.

We filed the adjustment of status applications along with the I-130 visa petition for the parents and paid the required processing fees ($2,490 per parent) in May 2012. After doing the biometrics fingerprints, the USCIS interview was scheduled. I prepared the clients thoroughly before the interview so they would know what to expect. Everything went smoothly and the USCIS officer, who I had worked with several times, was pleasant and friendly throughout the interview.

If you are considering petitioning for a family member’s permanent residence, contact The Nunez Firm. Managing attorney Jay Nunez will personally meet with you to help you better understand the process and the options available to you. At The Nunez Firm, we handle only immigration law matters. He process countless green card cases every year and we always keep in mind that the immigration process is one of the biggest events in our clients lives. It could mean the difference between staying with their families or being separated indefinitely.

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.