OC Immigration Attorney

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.

Earlier today the House of Representatives passed, with broad bipartisan support, Senate bill 47, the Violence Against Women Reauthorization Act. First, the House had to vote down the bad House substitute bill, which they did on a vote of 257 ayes to 166 nays before moving onto the original Senate bill.

The bipartisan nature of support for the Senate version of the bill, which includes important protections for immigrants that the House bill lacked, may be a good sign for any potential upcoming votes on immigration reform. Buzzfeed reports that “in a House led by a Republican conference at odds with itself, which includes a sizable ideologically motivated bloc inclined to oppose almost any major legislation, this dynamic might be the new normal.” That still remains to be seen, but today we saw an important step forward in protecting all victims of violence.

We recently received great news that one of our Irvine VAWA clients had her I-360 approved. She entered the United States illegally in the 1990s. She later met her future husband while she was working in a restaurant in Southern California. Eventually, the couple began dating. She had US citizen children from another relationship, and during the courtship her husband treated her children well.

After the couple married, her husband’s demeanor changed. She began noticing that her children were afraid of her husband. Her husband became very possessive and controlling over our client. He monitored her movements and tried to isolate her from family and friends. Eventually, one of the children’s teachers called a meeting with our client to discuss the possibility of abuse. Her children told her that their stepfather had been abusive when she was not around. She was shocked. Child Protective Services got involved. When our client confronted her husband about the allegations, he became physically violent. They tried to work it out, but he was violent on several other occasions. Eventually, she ran away and filed for a restraining order, which was granted.

When we filed the I-360 and I-485 for adjustment of status, we provided ample evidence that the couple’s relationship was entered into in good faith and that our client was the victim of domestic violence. We received a Request for Evidence, which we responded to promptly. We received the approval notice within a couple months of filing our response to the RFE. The client is overjoyed about the approved I-360. The Nunez Firm is very happy to have been involved in this case. We handle many domestic violence cases and they are some of the most rewarding cases to have succeed.

If you are an alien victim of domestic violence, contact The Nunez Firm. Managing attorney Jay Nunez will personally meet with you to help you better understand the VAWA process and whether you have a strong case.

We received an approval notice from the Vermont Service Center for one of our VAWA cases recently. The approval was a welcome surprise. A couple months earlier we received a request for additional evidence that made me believe USCIS was leaning towards a denial.

Our client originally traveled to the United States to visit friends in the late 90s. During her visit, she met a man and they began to date. When it was time for her to leave the United States, he professed his love and proposed marriage. They had been dating for a couple months, and although it seemed early to get married, neither one of them wanted her to leave the country, so they couple married. Shortly after the wedding, the husband changed a great deal. He became more moody and soon that escalated to violence including rape. She planned her escape from him for several weeks, and one day, while he was in the shower, she left the house and a friend of hers helped her run away. Apart from a chance encounter several months later, she never spoke to him again.

With a VAWA case, the two major evidentiary hurdles are 1) proving good faith marriage and 2) victim of domestic abuse. Because our client left in such a rush and did not gather many of her belongings when she escaped, we were low on evidence to prove good faith marriage. Additionally, she never called the police to report any of the violence and she did not move to a battered women’s shelter.

We were able to obtain tax records to show that the couple lived together for several years. We also requested that USCIS check their files because our client believed that her husband filed adjustment of status paperwork for her when they were living together, but she did not remember what came of the application. We provided affidavits from friends that knew the couple as well.

Regarding domestic violence, we provided an affidavit from a friend that, although she did not witness the abuse first hand, attested to the victim’s change in personality and depression.

The client was pleased when we received the approval notice. We will now wait for the adjustment of status interview which will be scheduled in Santa Ana later this year. If you are an alien victim of domestic violence and are interested in pursuing a VAWA case, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will meet with you during a confidential consultation to help you better understand the process and whether your case is viable.

The conditions were just removed from our client’s permanent residence. She received her green card based on her marriage to her husband in 2008. Shortly after the wedding, her husband became controlling and temperamental. He began treating her like a servant and would routinely chastise her in front of his family. He called her derogatory names based on her nationality. The abuse progressed, which is often the case, and after a while, he became physically violent. He pushed her hard enough for her to fall back and hit her head on the wall. The domestic violence cycle began, and he apologized and promised never to do it again. She believed him and took him back. There were periods of calm, but eventually his abusive side revealed itself again.

She threatened to leave him several times and she even filed for divorce, but did not go through with it. When he broke one of her bones, she came to see me. We prepared the I-751 packet including X-rays of the broken bone and a report from a doctor stating that the break was consistent with a physical altercation.

We attended our first interview with USCIS in mid-2011 in Los Angeles. The officer was inexperienced with VAWA cases and she was one of the least sympathetic USCIS officer I have dealt with. She questioned whether the broken bone was a result of domestic violence. She treated my client rudely and exhibited her lack of experience with domestic violence situations when she questioned why my client didn’t just leave her husband if he was so abusive. At one point I asked to speak to a supervisor, who was more sympathetic to our facts. All in all, the first interview did not go well. The officer said she would consider the case and be in touch.

We did not hear from the officer for several months. I wrote to her three times, but no response. I wrote to the supervisor, but no response. I tried visiting the office to speak with her, but the office was shut down and I was informed that the file had been transferred without me being notified. Eventually, I tracked down the file and the case was transferred to the Santa Ana USCIS office for a second interview. I was pleased that the file was transferred to Santa Ana, because I interact with the Santa Ana officers on a weekly basis, and I have found them to be reasonable and pleasant to work with. The officer conducting our interview was wonderful. From the beginning I could tell that she had worked with domestic violence victims before. She was patient and understood that it was difficult for my client to discuss the things that had happened to her. She understood that domestic violence victims have had their confidence and sense of self shattered. They are fragile, and they need someone nurturing to help them discuss the situation. The officer approved the case on the spot, and she even remarked that she did not understand why this case was not approved previously. My client was ecstatic. She plans to pursue naturalization in the near future.

If you are considering the I-751 process, either based on a joint petition or a waiver, contact The Nunez Firm. Managing attorney Jay Nunez will help you better understand the pros and cons of each option and which one is best for you.

We just received the news that one of our Orange County clients was approved for the permanent green card. She received her conditional residence card several years ago through her marriage to her husband. After being abused for over a year she left him and hired The Nunez Firm to assist her with removal proceedings (stemming from failing to file the I-751 on time) and VAWA. We had the VAWA case approved by the Vermont Service Center and our motion to terminate removal proceedings was granted by the immigration judge based on the approved I-360.

The client originally planned to handle the rest of the case by herself, but she realized later that it was more complex than she had thought. She came back to me to help with the I-751 process to have the conditions finally removed from her residency. We filed the case along with all the evidence of domestic violence (and the proof of the I-360 approval) with the California Service Center. She was scheduled for an interview in Santa Ana and she attended it. The interview was quick and the officer approved the case on the spot.

She was very happy when she called me to inform me of the good news. She is glad that she will not need to deal with immigration court or USCIS for a long time. She plans to naturalize as a US citizen at some point in the future, but for now she is happy to be a lawful permanent resident.

If you or someone you know is an alien victim of domestic violence, contact The Nunez Firm to schedule a free consultation. We can help you better understand the options available to you which could include adjustment of status to lawful permanent resident through the Violence Against Women Act or possibly a U visa. Managing attorney Jay Nunez will meet with you personally during a confidential consultation in order to better explain the relevant laws.

USCIS has released an informational online pamphlet that answers common questions regarding alien domestic violence victims and marriage-based immigration.

Immigrants are particularly vulnerable because many may not speak English, are often separated from family and friends, and may not understand the laws of the United States.  For these reasons, immigrants are often afraid to report acts of domestic violence to the police or to seek other forms of assistance.  Such fear causes many immigrants to remain in abusive relationships.

This fact sheet will explain domestic violence and inform you of your legal rights in the United States.  Also, this fact sheet provides the same information as the pamphlet titled, “Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa.”  The International Marriage Broker Regulation Act (IMBRA) requires that the U.S. government provide foreign fiancé(e)s and spouses immigrating to the United States information about their legal rights as well as criminal or domestic violence histories of their U.S. citizen fiancé(e)s and spouses.  One of IMBRA’s goals is to provide accurate information to immigrating fiancé(e)s and spouses about the immigration process and how to access help if their relationship becomes abusive.

The information provided by US Citizenship and Immigration Services also addresses the following questions:

• What is Domestic Violence Against an Immigrant?
• What are the legal rights for immigrant victims of domestic violence in the US?
• What services are available to immigrant domestic violence and sexual abuse victims?
• What immigration options are available to an immigrant victim of domestic violence, sexual assault or another crime?
• How does the marriage-based immigration process work?
• What are the penalties for marriage fraud?
• How does the US regulate International Marriage Brokers?

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.

My client’s deportation proceedings were terminated by the Immigration Court in Los Angeles this morning, which means she will not be subject to removal and will not be forced to return to the Los Angeles Immigration Court again. The Immigration Judge terminated the deportation case because my client was approved for VAWA a few months ago, which entitles her to keep her green card and lawful permanent resident status.

My client was married to an abusive husband for several years. He was physically and emotionally abusive, and he manipulated her into staying in the relationship because he threatened to have her deported if she ever spoke to the police. We spent months preparing a comprehensive and convincing VAWA case. We filed for VAWA in late 2008, and the case was approved in early 2010.

Unfortunately, this scenario occurs all the time in the United States. A dramatic power imbalance exists if the US citizen spouse decides to take advantage of the non-citizen spouse’s situation. Many US citizen spouses treat their alien spouses as servants and order them to do anything and everything using threats of deportation. Many abusive spouses beat and emotionally abuse their spouses, and the alien victims are afraid to report the crimes to the police due to fear that they will be arrested and deported, or that the police will believe a US citizen over a foreigner.

The Violence Against Women Act (VAWA) provides several immigration benefits to abused spouses and children of US citizens and lawful permanent residents. VAWA was passed into law in 1994. VAWA provides lawful permanent resident status to spouses and children that have been battered by or subjected to extreme cruelty from the US citizen or lawful permanent resident spouse. Contrary to popular belief, abused male spouses are equally entitled to the immigration benefits provided by VAWA.

If you or someone you know is an alien victim of domestic violence, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally discuss your case with you during a confidential consultation. The Nunez Firm has helped countless domestic violence victims obtain green cards and break away from their dependence on their abusive spouses.

USCIS approved a green card for one of my VAWA clients, who was a victim of domestic violence. She lives in Texas, and her VAWA I-360 was approved several months ago. After the VAWA application was approved, the Vermont Service Center transferred her file to Texas for an adjustment of status interview. Generally, the adjustment of status interview is fairly quick when an approved I-360 VAWA application is involved. The USCIS officer will generally ask questions about criminal history and make sure the individual is not inadmissible.

I just spoke with the client, and she was very excited that her green card was approved. Now, she can live and work in the United States without worrying about her husband’s threats to deport her and his violent behavior towards her. She seems very happy now that she is rid of him. Additionally, if she chooses to naturalize as a US citizen, she will be eligible to do so in three years (rather than the usual five years), because she is a VAWA approved case. The Nunez Firm wishes her the very best.

If you or someone you know is an alien victim of domestic violence, contact The Nunez Firm to discuss your case. Managing attorney Jay Nunez has successfully handled many domestic violence cases for both male and female victims of domestic abuse. The Nunez Firm has handled VAWA cases from all over the country including Nevada, New York, Florida, North Carolina, Arizona and Texas among others.