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Posts Tagged ‘Southern California’

Adjustment of Status Approved for Canadian Client Based on Marriage to U.S. Citizen Husband

August 23rd, 2010 No comments
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This morning my Canadian client was approved for lawful permanent resident status based on her marriage to her US citizen husband. The couple started dating over three years ago. She often visited the US to spend time with her (then) boyfriend. In December 2009, she visited and they decided they wanted to get married. They moved to California together, and they married in March 2010. I began representing them with the adjustment process after that. We filed the I-485 and I-130 a month later.

The couple is young and the husband’s income was not sufficient for him to act as the sole sponsor; therefore, his father acted as the joint sponsor. Applicants for adjustment of status based on marriage must show that they have sufficient financial support and they are not likely to become a public financial charge. The sponsor, or in this case joint sponsor, must earn at least 125% of the federal poverty guidelines. The husband’s father easily met this requirement, and the USCIS officer did not view my client as likely to become a public charge.

Because the couple has been married for less than two years, she will be a conditional permanent resident for the next two years. Between May 23, 2012 and August 23, 2012, she will need to file the I-751 petition to remove conditions, so that she can remain a lawful permanent resident.

For now, the young couple is excited to have this step behind them, and they look forward to living in their new apartment in Westminster, and I overheard rumors of possible puppy adoption.

If you are considering the adjustment of status process, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will meet with you during a confidential consultation and help you determine if adjustment of status is right for you.

Marriage Based Green Card Approved for Fountain Valley Man

August 19th, 2010 No comments
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I attended an interview in Santa Ana this morning with my married clients from Fountain Valley. The couple met two years ago while living in Hawaii. The husband is originally from Japan, and the wife is a US citizen. He visited in February of this year and they decided to get married. After the wedding, we filed for adjustment of status so the husband could obtain permanent residence in the United States.

The USCIS officer, who I have worked with on many other cases, was very polite and patient, as the husband is still learning English. She asked questions about how they met each other and when they decided to get married. We brought photos of the couple with family and on vacations together. The officer approved the case on the spot. We will likely receive the green card within the next month or so.

I explained to the couple that they will need to file an I-751 in Summer 2012 to prove to USCIS that the marriage was entered into in good faith and to have the conditions removed from the green card. I gave them a thorough list of documents they should collect over the next two years in preparation for the I-751 filing.

If you are married to a US citizen and are considering the adjustment of status process, call The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will meet with you and answer your questions to help you determine if adjustment of status is appropriate for your case.

Adjustment of Status to Permanent Resident for Irvine Client

August 18th, 2010 No comments
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We just received the great news that one of our Irvine clients was approved for adjustment of status based on her marriage to her US citizen husband. The couple has been married for several years; therefore, she was approved for permanent residence rather than conditional residence. There was an issue with prior criminal convictions because she was convicted of a crime in Las Vegas a few years ago. However, we were able to allay the officer’s concerns and avoid the waiver application process. I spoke with the officer for a long while and explained to him why the conviction was not a bar to admission. I explained that the petty offense exception applied in this case, and he eventually agreed.

The couple is excited to be done with the adjustment of status process, and they can move forward with their lives and their children without any fear that she might be forced to move back to her home country of South Korea.

If you are considering the adjustment of status process, contact The Nunez Firm to schedule a free consultation with managing attorney Jay Nunez.

Naturalization Approved for Newport Beach Client After 3 Years of Permanent Resident Status

August 16th, 2010 No comments
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My client from Newport Beach was just approved for naturalization after our successful interview this morning at the Santa Ana USCIS office. She has been a lawful permanent resident for three years. Generally, aliens seeking naturalization must have their green cards for five years before they are eligible for naturalization. There are several exceptions to this rule. For example, if an alien has been married to a United States citizen for over three years and has had lawful permanent residence for over three years, s/he can naturalize.

In this case, my client has been married for four years, and she has been a lawful permanent resident for over three years. The interview went smoothly. The USCIS officer asked to see documents proving that her marriage was entered into in good faith. We provided joint tax returns, life insurance documents, joint bank account information and evidence of joint investment in real estate. The officer was quickly convinced of the validity of the marriage and the case was approved after a thirty minute interview.

My client is very excited. She intends to petition for her children to obtain immigrant visas so they can come to the United States from Europe.

If you are considering naturalization, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally meet with you in a confidential setting and help you determine if naturalization is the right option for you.

Mitch McConnell and GOP Look to Eliminate the 14th Amendment and Birthright Citizenship

August 7th, 2010 1 comment
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According to Senate Minority Leader Mitch McConnell (R-Ky), Congress “ought to take a look at” changing the 14th Amendment, which give the children of illegal immigrants a right to U.S. citizenship. McConnell’s statement signals growing support within the GOP for the controversial idea, which has also recently been touted by Senate Minority Whip Jon Kyl (R-Ariz.) and Sen. Lindsey Graham (R-S.C.).

After McConnell stated in an interview that the 14th Amendment provision should be reconsidered in light of the country’s immigration problem. Kyl, then in a TV interview said that there is a constitutional provision in the 14th amendment that has been interpreted to provide that , if you are born in the United States, you are a citizen no matter what. However, according to Kyl, the question is, if both parents are here illegally, should there be a reward for their illegal behavior?

Kyl added that he suggested to Graham that “we should hold some hearings and hear first from the constitutional experts to at least tell us what the state of the law on that proposition is.”

It is unclear when such hearings would occur. Democrats, who control the Senate, set the chamber’s hearing schedule.

Proponents of comprehensive immigration reform strongly oppose the Republican-led effort, which could play a major role in firing up both the left and right this election year.

The escalating debate on the 14th Amendment comes in the wake of the legal battle between Arizona and the federal government over the state’s immigration law. The idea of changing the nation’s policy on this issue has picked up steam among conservatives in recent weeks.

Graham, who had considered working with Democrats on immigration reform earlier this year, now claims that birthright citizenship is a mistake. Adding that we should change our Constitution and say if one comes illegally and has a child, that child is automatically not a citizen.

McConnell said the Obama administration needs to improve its ability to secure the country’s borders before tackling a change to the amendment. However, while Obama’s push for immigration reform is considered dead in the 111th Congress, some Democrats on Capitol Hill are pushing for a scaled-back bill to move this fall.

One such option is Senate Majority Whip Dick Durbin’s (D-Ill.) Dream Act, which would give undocumented students the right to apply for permanent residence in the U.S. Durbin’s bill has attracted praise from Senate Majority Leader Harry Reid (D-Nev.), but Durbin has publicly noted that some Democrats are not on board.

ICE Launches Immigrant Detainee Locator System

August 5th, 2010 No comments
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Immigration and Customs Enforcement (ICE) launched its On-Line Detainee Locator System.  The system allows attorneys, family members, and other individuals to locate noncitizens who are in ICE custody.  ICE has stated that the system includes all facilities where it detains immigrants.  The system does not include individuals held in state or local custody under an ICE detainer, as they are not physically in ICE custody.  The system is updated within 8 hours of an apprehension or transfer within ICE custody.

The locator can be found here

Green Card Approved for VAWA Client in Costa Mesa

August 4th, 2010 No comments
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We just received the news that a green card was approved for one of our VAWA-approved clients in Orange County. The VAWA case was approved earlier this year. The I-485 application for lawful permanent residence was filed previously by her ex-husband while the couple was still married. After the couple split up, we filed for VAWA and asked USCIS to hold the I-485 in pending status while we waited for a VAWA decision. USCIS agreed, which made it so that our client would not need to pay the I-485 application fee ($1010) again.

After we received the VAWA approval, we asked USCIS in Santa Ana to schedule an adjustment of status interview to finalize the process. We had the interview last week, which went smoothly, and we just received the I-485 approval. The client is very happy that her case was successful and she never again needs to rely on her abusive ex-husband to help her with her immigration status.

If you are currently married to an abusive spouse that is a US citizen or lawful permanent resident, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally discuss your case with you and help determine whether VAWA is a viable option for you. The Nunez Firm handles many VAWA cases every year, and understand the Violence Against Women Act thoroughly.

N-400 Naturalization Approved for Immigration Client in Coto De Caza

July 30th, 2010 No comments
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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.

Joint I-751 Approved for Immigration Clients in Corona Del Mar

July 26th, 2010 No comments
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We just received the good news that the I-751 for a couple in Corona Del Mar in Orange County was approved by USCIS. The couple has been married for almost 4 years now. She originally came to the US from Germany as an F-1 student. She met her husband while studying and the couple married in 2006. They applied for her conditional permanent residence shortly after the wedding. They have lived together in Costa Mesa and Corona Del Mar since that time.

As required by the Immigration and Nationality Act, we filed the I-751 to have the conditions removed in 2009. We included documents tending to show that the couple lived together as husband and wife and conducted themselves as any married couple might. We included auto insurance documents, health insurance documents, joint tax returns, photos, utility bills, Netflix delivery receipts and other evidence. Additionally, we included statements from neighbors stating that they knew the couple and saw them together on a daily and weekly basis.

The couple was very pleased with the approval, and they look forward to many years together in Orange County. The wife will be eligible to naturalize as a US citizen, if she so chooses within the next several months.

If your deadline for filing the I-751 is approaching, contact The Nunez Firm to schedule a free consultation. We can help you with the I-751 process to remove the conditions on your permanent residence. Managing attorney Jay Nunez has helped many clients gain approval of their I-751 either as joint petitions or through the use of a waiver of the joint filing requirement.

Ninth Circuit Allows for Asylum Claims for Guatemalan Women

July 23rd, 2010 No comments
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A federal appeals court ruling Monday created the possibility that Guatemalan women could qualify for political asylum in the U.S. because of the high female murder rate in the Central American country.

The 9th U.S. Circuit Court of Appeals issued a strongly worded ruling reversing the deportation orders of two immigration courts that such a claim applies too broadly. The San Francisco-based court ordered the immigration judges, who work in the U.S. Department of Justice, to reconsider granting asylum to Lesly Yajayra Perdomo, an illegal immigrant in her mid-30s who settled in Reno, Nev.

Most important, the court ordered the Board of Immigration Appeals to determine whether all Guatemalan women can qualify, a decision which would open the door to similar claims from other countrieswith high female murder rate in Central America,  such as El Salvador, Honduras and others with history of widespread gender abuse.

This is the first such case to reach this high in the United States’ court system, which has grappled with determining gender-based claims for asylum.

Perdomo followed her mother to the U.S. in 1991 when she was 15 and settled in Reno, where she graduated high school and found work in the health care industry.

In 2003, the Immigration and Naturalization Service began deportation proceedings and she applied for asylum the next year citing Guatemala’s poor record of investigating and solving the hundreds of murders of women annually. The appeals court noted that the Board of Immigration, which rejected Perdomo’s asylum petition, has never addressed whether gender itself could be the basis for an asylum claim.

On Monday, the appeals court said past decisions suggest that women in Guatemala may qualify for asylum, which includes citizenship and is granted to those showing they were persecuted because of religion, political beliefs, race, nationality or membership in a particular social group.

Perdomo asked the court to include Guatemalan women as a “particular social group” eligible for asylum.

“While we have not held expressly that females, without other defining characteristics, constitute a particular social group, we have concluded that females, or young girls of a particular clan, met our definition of a particular social group,” Judge Richard Paez wrote for the unanimous three-judge panel.

Unless there is an appeal, the case goes back to the Board of Immigration Appeals to determine if Perdomo should be granted asylum.

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