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 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 one of our clients’ software engineers in southern California. The employee has a Master’s Degree from Cal State Long Beach, therefore, she was eligible to process her H-1B under the Master’s Cap. The case was processed under the premium processing provisions.

The employee was already working for our client under Temporary Protected Status; therefore, we were changing her status from TPS to H-1B. The employer is not considered H-1B dependent, because fewer than 15% of the companies employees are H-1Bs.

The employee will help develop, create and modify the company’s software, use AI techniques for statistical data analysis, design application architecture and infrastructure using business process management, and perform coding and unit test authoring. Additionally, she will assist in authoring and reviewing technical product documentation and technical product training materials.

USCIS was convinced that the position required a high level of sophistication in a highly complex and technical area of software engineering that could only be performed by an individual with a minimum of a bachelor’s degree in computer science or a related engineering area.

The employee has a bachelor of science degree with a major in computer and communication engineering for a foreign university. Additionally, she has a master of science degree in electrical engineering from Cal State Long Beach. She began working for the employer in February 2012.

The client and employee were very happy with the result, and the look forward to the next three years of employment under H-1B status. This year the number of H-1B visas was reached within the first few days; therefore, a lottery was instituted to determine which petition would be selected. If you are considering an employment-based visa, contact The Nunez Firm to discuss the options available to you. Managing attorney Jay Nunez will personally meet with you to help you better understand the various paths, pros and cons.

We just received an approval notice for the I-821d and I-765 of a DACA client from Hacienda Heights. We filed the case in late November 2012 and USCIS approved it after four months. USCIS was satisfied that we met all the requirements for Deferred Action and did not issue a Request for Evidence. We provided evidence that the client entered the United States before his sixteenth birthday and was under the age of 31 on June 15, 2012. Further, we provided evidence that he has lived in the US for the last five years without breaking his residency. He has never been in trouble with the law. We provided school records to show he is currently in school. We provided high school transcripts to show that he was physically present in the US on June 15, 2012.

The client was excited to hear the good news. He plans to start looking for a job as soon as school ends in a couple months. If you are considering the DACA process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to answer your questions and help you better understand the process.

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 just received an approval notice for DACA for one of our Orange County clients living in Dana Point. In order to obtain deferred action through DACA, which was announced on June 15, 2012, the applicant must meet several requirements. She must have arrived in the US before the age of sixteen. She must have resided in the US continuously for the five years preceding June 15, 2012.  She must have been present in the US on June 15, 2012. She must be in school currently or graduated high school or obtained the GED. She must be under the age of 31 years old. She cannot have a significant criminal record.

In this case, our client entered the US legally when she was four years old. We provided the I-94 to prove entry. Additionally, we provided school records and other evidence to show that she has lived in the US since that time. We provided a California Department of Justice report showing no convictions whatsoever.

We filed the case in October, and, five months later, USCIS sent the approval notice. From our experience, most DACA cases are being adjudicated within 3-5 months. The client was very happy to finally have work authorization. She plans to obtain her driver’s license and find a job as soon as possible. If you are considering the Deferred Action process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will meet with you on a confidential basis and help you better understand the process.

We just received an approval notice for a client of ours in San Juan Capistrano. He was approved for an O-1 visa to teach ballroom dancing for a studio in Orange County. We satisfied the USCIS examiner by showing that our client was a person of extraordinary ability. We provided letters from fellow dance competitors and judges who attested to our client’s reputation in the industry. We detailed his competition results for over a decade showing the sustained success of our client. We provided his awards and competitive wins over the years as well. Additionally, we provided a letter from the American Guild of Musical Artists stating that the organization did not oppose the approval of our client’s visa. They did not believe it would adversely affect working conditions for Americans working in the same field.

We filed the I-129 with the studio as the petitioner. Because our client was already in the United States, we filed the application with USCIS. Had he been outside the US, we would have applied at the consulate.

Three weeks after filing, we received an approval. USCIS was satisfied that our client had achieved sustained international acclaim for his work in DanceSport. They did not issue a Request for Evidence and the case was processed in less than a month.

The client and the studio were very pleased with the result and our client intends to start working with the new employer immediately. If you are considering the O-1 visa process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you understand the process and whether the O-1 visa is right for 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.

For many young immigrants who are now lawfully present under the Deferred Action for Childhood Arrivals (DACA) initiative—which grants them the right to work and live in the United States for at least two years—the next question may be, when will they be able to travel outside of the United States?  Depending on what guidance they reference, the answer could vary, adding confusion to what has been a reasonably straightforward implementation process.

To be eligible for DACA, an individual must have entered the U.S. before their 16th birthday and have continuously resided here since June 15, 2007.  As a result, by definition, many DACA recipients haven’t left the U.S. in years.  And, given the uncertainty associated with their undocumented status – and the fear that if they leave they may not be able to return – many DACA recipients haven’t left since first arriving here. Many young immigrants hoped this new status would allow them to safely and legally travel to visit family members, or pursue educational and cultural opportunities with the confidence that they would be allowed to re-enter the U.S. upon their return.  As the U.S. Citizenship and Immigration Services (USCIS) begins to implement the process for travel outside of the U.S., it is becoming clear that DACA recipients’ ability to travel may be unnecessarily restricted by shortsighted policies.

The Administration has outlined its position regarding travel for DACA recipients in two places: 1) the proposed application form for a travel document with accompanying instructions where USCIS describes the process for obtaining an “advance parole” travel document and 2) the DACA FAQs.

The advance parole travel document allows an otherwise inadmissable immigrant, such as a DACA applicant, to seek authorization to re-enter, or be paroled, into the United States prior to his or her departure from the United States.  In essence, it is a promise by USCIS, with some limitations, that a person will be allowed back into the U.S. after traveling abroad.

Though the proposed form and instructions have not yet been finalized, they suggest that USCIS is planning to adopt a restrictive policy with respect to advance parole for these young people.  Specifically, the instructions state that a DACA recipient may travel only for “humanitarian, educational, and employment” purposes.  While these terms may appear to encompass a wide range of reasons for travel, the “humanitarian” category is limited to medical and health emergencies, such as attending a family funeral service or visiting an ailing relative.  Thus, the acceptable reasons for travel do not include what is arguably an extremely important and equally legitimate humanitarian reason to travel:  the opportunity to connect with family members, i.e., a family wedding, birth, baptism or countless other family-related reasons.

The DACA FAQ seems to be offering a more generous definition of when it’s acceptable for a grantee to travel than what the proposed form is offering.  They state that USCIS may determine whether travel is “justifiable based on the circumstances” described by the applicant.  They also state that DACA applicants will “generally” only receive advance parole to travel for humanitarian, educational and employment purposes, thereby not rejecting other potential reasons for travel out of hand.

The more generous DACA FAQ should be the basis for the final Advance Parole application.  In this spirit, the Legal Action Center, American Immigration Lawyers Association and Catholic Legal Immigration Network, Inc. submitted comments to USCIS, encouraging the agency to bring the application form and instructions in line with the FAQs and to broaden the acceptable reasons for travel.

The DACA initiative was implemented to encourage young undocumented immigrants to come out of the shadows and claim a semblance of a normal life.  Let’s hope USCIS reconciles its advance parole policies to allow young immigrants to add ‘travel’ to their list of newly gained liberties.

If you are considering the DACA 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 and whether DACA is right for you.

Starting Friday, Feb. 1, those who receive an immigrant visa package from a U.S. consulate or embassy abroad will be required to pay a new $165 immigrant fee.

According to USCIS, the fee is necessary to cover the costs of producing and delivering permanent resident cards.

Important Points to Remember:

• Starting on Feb. 1, 2013, applicants must pay both the Department of State (DOS) application fee and the USCIS Immigrant Fee.
• To simplify and centralize the collection of this new fee, we will require immigrants to pay online through the USCIS website.
• Applicants must submit their payment online after they receive their visa package from DOS and before they depart for the United States.

Children who enter the United States under the Orphan or Hague adoption programs, Iraqi and Afghan special immigrants, returning residents (SB-1s), and those issued K visas  are the only immigrant visa cases exempt from paying the new fee.

If you are considering the green card process, either through adjustment of status or consular processing, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will help you better understand the immigration system and the options available to you.