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Continued OPT Approved and Employment Authorization Issued for Irvine Client

2/27/2014

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USCIS approved an extension of OPT (optional practical training) for one of our Irvine clients. His OPT was set to expire in June 2013, and he filed for an extension without the help of an attorney. He received a detailed request for evidence from USCIS. They were concerned about several issues including 1) how he could be employed by a company based outside California, while he was working in Orange County; 2) whether he had been unemployed for any extended period of time while on OPT; and 3) where he had lived during his OPT.

We explained that our client has been employed by his employer which is based in another state. Our client works in Irvine as an on-site consultant for an Orange County based company. We showed USCIS that our client receives his pay checks from his out of state employer. We also provided the contract between his employer and the Orange County company to better explain the relationship. We had the CEO of our client’s employer write a detailed letter explaining the nature of the job duties, the relationship between the employer and the Orange County based company, and why our client could not perform his work while based outside Orange County.

Regarding the issue of unemployment during OPT, we provided pay stubs that showed that during the OPT period, our client was unemployed for less than ten days. Under 8 CFR 214.2(f)(10)(ii)(E), an OPT applicant’s unemployment may not exceed ninety days during the OPT period. Through paystubs, time sheets and letters from current and prior employers we were able to show that our client did not violate the 90-day rule.

The third issue was rather strange, and we weren’t sure why USCIS was so interested in our client’s addresses for the last four years. However, if USCIS issues a request for evidence it is best to answer as completely as possible. We provided proof of prior addresses including leases, letters from landlords and roommates, and bills to show where our client lived while in the US.

USCIS was satisfied with the evidence we presented, and they issued the employment authorization which will not expire until fall 2014. In the meantime, our client intends to pursue an H-1B visa so he can continue his work in the US. If you are considering OPT or need to renew your OPT, contact The Nunez Firm to schedule an appointment. Managing attorney Jay Nunez will meet with you to better explain the process and how we can help.

Categories:  employment authorization, H-1B, immigration, immigration attorney, Irvine, OPT, Orange County, request for evidence, The Nunez Firm, USCIS, visa    

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I-130 Visa Petition Approved Despite Married Couple Living Apart; I-485 Pending

2/25/2014

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We received an approval notice for an I-130 visa petition filed by a lawful permanent resident for his wife. We filed the case in September 2013 and included the I-130 visa petition and I-485 adjustment application. At the time of filing, the priority dates were current, so we were able to concurrently file the I-130 and I-485.

We provided evidence that the couple had been together for several years. We gave USCIS photos of the couple over the years along with flight itineraries for the couple. Because the wife is currently finishing school in another state, and the husband lives in Irvine, the USCIS officer requested additional evidence to prove the good faith marriage. Although some couples live apart, it is certainly not regarded as uncommon and the officer was right to ask for additional evidence. We complied and provided more documentation to show the couple was commingling their assets.

At the time of the interview, the priority dates had retrogressed, so USCIS was unable to process the I-485 adjustment of status application. USCIS approved the I-130 visa petition. Now, we must wait until the priority date becomes current. Then our client will receive her green card. In the meantime she is entitled to work authorization which will allow her to work.

If you are considering the marriage based green card process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally explain the process and help you better understand the various considerations.

Categories:  adjustment of status, bona fide marriage, green card, I-130, I-485, immigration attorney, Irvine, Marriage Based Green Card, priority date, USCIS, visa petition    

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Joint I-751 Approved for couple in Baltimore, Maryland

2/11/2014

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One of our clients was approved for the ten year green card recently. We originally represented them while they were living in Irvine, and we obtained the two-year conditional green card based on marriage through adjustment of status. A year ago, the husband accepted a job in Maryland, and the couple moved.

Despite the move, they wanted us to represent them with the I-751 petition to remove conditions on residency process. We collected the necessary evidence and prepared a comprehensive packet of evidence to prove the couple’s marriage was real and entered into in good faith. Four months later, the case was approved.

The couple was very happy that they did not need to attend an I-751 interview. When USCIS adjudicates an I-751, they have the option to call for an interview or they can approve the case without interview. For more info on the I-751 process, click.

The permanent resident husband looks forward to naturalizing later this year.

If you are considering or currently involved in the marriage based green card process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you and help you better understand the process.


Categories:  conditional green card, green card, I-751, immigration attorney, Irvine, marriage 
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K-1 Visa Issued for Fiance of Laguna Niguel Client; Adjustment of Status Next

2/6/2014

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Well-Known GOP Political Commentator Suggests Republicans Abandon Immigration Reform

2/4/2014

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As Republican politicians wrestle with the thorny issue of immigration reform, they need to remember one thing: Conservative commentator Ann Coulter is always right.

If you don’t believe she’s always right, you’re either a weak-kneed Republican-in-name-only or a sexist America-hating leftie. That’s a lose-lose, so the GOP should listen up.

Republicans gathered in Maryland recently for the party’s annual retreat and polka party, and a key item on the agenda was forging a cohesive plan to address the country’s broken immigration system. To help out, Coulter wrote the lawmakers a 900-word anti-pep talk titled: “GOP Crafts Plan to Wreck the Country, Lose Voters.”

In her piece, Coulter puts forth the reasoned argument that immigrants will never vote for Republicans, so to heck with them.

Coulter reached that conclusion after reading what she calls a “stunning report” by conservative activist Phyllis Schlafly. The report seems to be a collection of data plucked from various polls and designed to prove Schlafly’s point, which is basically that immigrants are un-American and the GOP should deal only with white people.

Categories:  GOP, immigration reform, Latino Vote, path to citizenship, President Obama

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Fiance Visa Issued for Future Wife of Huntington Beach Client

2/2/2014

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Fiance visa approved for future wife of Huntington Beach client. We just received the good news that one of our K-1 fiance visa cases was approved by the consulate in Ciudad Juarez, Mexico. After dating for several years, the couple decided they were done with long distance. The husband would travel to Mexico at least once per month to visit, and they wanted to live together in the US so they could start their life together.

We advised that the K-1 fiance visa was the best option for them. We helped them collect the necessary evidence and information and filed the I-129F with USCIS. A few months later, the K-1 visa petition was approved by USCIS, and the case was forwarded to the Department of State for further processing. We filed additional documents, including the visa application, with the Department of State.

Wedding rings

A month or so later, the case was scheduled for a consular interview. The interview went smoothly and the visa was approved. The wife should arrive in the US within the next week or so. The total time from filing the I-129F to visa approval by the Ciudad Juarez consulate was less than 8 months.

After that, the couple will marry within the first 90 days of the wife’s arrival. Then, we will file the I-485 adjustment of status application. Because the marriage will be less than two years old at the time of interview with USCIS, the wife will be eligible for conditional permanent resident status. This means she will need to file additional evidence two years from now in order to prove to USCIS that the marriage was entered into in good faith.

If you are considering the K-1 process, contact The Nunez Firm to schedule a consultation. Every year, we handle many fiancé visa cases from all over the world. Managing attorney Jay Nunez will personally meet with you to gain a better understanding of your situation and whether the K-1 visa is your best option.

Categories: : adjustment of status, ciudad juarez, conditional green card, fiance visa, I-129F, I-485, k-1 visa, marriage-based, USCIS    

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Newport Beach, CA  92600


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