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I-485 Adjustment to Permanent Resident Approved for Newport Beach Client Based on Marriage

3/31/2014

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I just attended an adjustment of status interview at the Santa Ana office of USCIS. Everything went smoothly and the conditional permanent resident green card was approved at the interview.

My client, who originally met her husband in 2011, came to the United States on a J-1 visa in 2007. She met her future husband through an online dating website in 2007 and the couple started dating shortly thereafter. About a year after they started dating, they moved into his house in Newport Beach. One year later, they married after he naturalized and became a US citizen.

When we filed for adjustment of status we concurrently filed the I-130 visa petition. We included evidence of their good faith marriage such as joint bank account statements, travel itineraries, joint car insurance, health insurance, utility bills, cards from family members, and many photos of the couple with family and friends. We provided over a hundred pages of evidence to support the case.

The USCIS officer, with whom I had worked before, was polite and professional as she conducted the interview. She asked how the couple met, when they started dating and how they came to get married. I had prepared my clients well for the interview so they knew what to expect. They answered the questions openly and honestly, and the total interview time was about 30-45 minutes.

After the officer informed us that she was approving the case, we asked if my client could receive a temporary I-551 stamp in her passport to prove her lawful permanent resident status. My clients have a wedding reception planned in South America in two weeks; however, the conditional green card won’t arrive for another 2-4 weeks. The USCIS officer provided us with a referral so my client could receive the temporary stamp that will prove to Customs and Border Protection that she is a lawful permanent resident when she re-enters the US after her trip.

The clients were very pleased with the outcome and how smoothly the process worked out. I advised them that because their marriage is less than two years old, she will receive a conditional green card valid for two years. I advised that they will need to file the I-751 petition to remove conditions on permanent residency in approximately one year and nine months. I further advised that she will be eligible to naturalize in three years.

If you are married to a US citizen and considering the marriage based adjustment of status process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you during a confidential consultation to help you better understand the options and which path will work best for you.

Categories:  adjustment of status, conditional resident, good faith marriage, green card, I-130, I-485, I-751, immigration lawyer, Newport Beach, Santa Ana, USCIS, visa petition    

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Marriage-Based Adjustment of Status Approved for Irvine Client Married to US Citizen

3/28/2014

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I recently attended a marriage-based adjustment of status interview at the Santa Ana USCIS office. My clients were a married couple from Irvine. The couple has been dating since they were in high school in Huntington Beach. They decided to marry earlier this year.

At the interview, we provided evidence of their relationship including previous lease agreements, car insurance, and a joint bank account. The couple did not have many bills in the husband’s name because he did not have a social security number at the time. We provided numerous photos to show that the couple had been together for many years prior to the wedding.

The officer was satisfied that the couple was involved in a good faith marriage and the husband was admissible. She approved the husband’s green card on the spot. The approval included the I-485 application to adjust status and I-130 visa petition. The couple was extremely happy that they will be able to move forward with their lives without worrying about the husband living in the shadows and working illegally.

I explained to the couple that because their marriage is less than two years old, they will need to file an I-751 application to remove conditions in two years. I advised them to collect as many documents to prove good faith marriage as possible over the next two years.

If you are considering the marriage-based green card process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you during a free consultation in order to better explain the process and help you understand whether you are eligible.

Categories:  good faith marriage, green card, Huntington Beach, I-130, I-485, I-751, immigration attorney, Irvine, marriage, Orange County, Santa Ana, USCIS    

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Joint Motion to Terminate Removal Proceedings Granted by Immigration Judge for Client in Mission Viejo

3/25/2014

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United States Immigration and Customs Enforcement (“ICE”) agreed to a join in a motion to terminate removal proceedings for an Orange County client living in Mission Viejo, Orange County. The client was in removal proceedings in Los Angeles; however, she married a US citizen several years ago. The couple has an 13 month old son.

Due to an USCIS error, the couple’s adjustment of status was denied in 2011 and the wife was placed in removal proceedings. This occurred before the couple hired me. The husband filed a visa petition for his wife and it was approved in June 2013. Based on the approved I-130 visa petition, I requested that ICE join in terminating the removal proceedings against my client. This would allow her to adjust her status out of court.

The ICE attorney agreed and we filed a joint motion to terminate in December. We just received the court order approving termination. Now, the couple can handle the case through USCIS in Santa Ana rather than driving to Los Angeles for immigration court.

If you are in removal proceedings in Los Angeles, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will discuss your case with you and help you determine your options and likelihood of success.

Categories:  adjust status, deportation, ICE, immigration court, immigration lawyer, Los Angeles, Mission Viejo, motion to terminate, removal proceedings, Santa Ana, USCIS, visa petition    

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I-751 Petition to Remove Conditions Approved for Conditional Resident Client in

3/21/2014

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We just received the good news that our client’s I-751 petition to remove conditions was approved. She was originally from China and married to her husband after entering on a B-1/B-2 Visitor visa. We helped them adjust her status to conditional permanent resident through marriage. Since then the couple has lived together in Irvine. They do not have any children together.

We filed the I-751 jointly during the 90-day window. Soon after, we received the receipt notice which extended our client’s conditional resident status for one year while she waited for a decision. We included substantial evidence to show the couple’s marriage was entered into in good faith and not to circumvent the immigration laws of the United States. We included travel itineraries, car loan documents and lease agreements among other things. The packet of evidence was over 100 pages.

USCIS was satisfied that we met the burden of proof, and they approved the case approximately 4 months after filing. USCIS did not call for an interview.

The client was very pleased with the outcome, and is happy that she will be able to stay in the United States as a permanent resident indefinitely. She plans to naturalize as soon as she is eligible later this year.

If you are a conditional resident and need to file the I-751 petition, contact The Nunez Firm to schedule a consultation with managing attorney Jay Nunez. Every year we help many conditional residents obtain their ten-year green card either through joint petitions or based on one of the waivers (domestic violence, extreme hardship, or good faith marriage).

For more information on the I-751 process, click here.

Categories: : adjustment of status, China, conditional green card, domestic violence, good faith marriage, I-751, immigration lawyer, Irvine, naturalization, remove conditions on permanent residence, visitor visa    

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Adjustment of Status Approved and Green Card Processed for Wife of US Citizen in Irvine

3/11/2014

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I recently attended an interview with one of our Irvine clients, and the USCIS officer conducting the interview approved the case on the spot. The I-130 visa petition and I-485 application to adjust status were both approved, and our client should receive her conditional lawful permanent resident card (green card) within a few weeks.

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The couple has known each other for six years, and they first met while attending school in the Midwest. They were friends for a few years, then they began dating. The husband was a US citizen and the wife was from South Korea. They had a long distance relationship for many years. In late summer 2013, the wife came to visit the US, and the couple decided they were done with long distance. They came to see me and we discussed the options available to them. They originally planned to pursue a fiance visa, but I advised that since the wife was already in the US, we could help with adjustment of status and avoid the added cost and time of the fiance visa process. I explained that, every year, we handle several adjustment of status cases involving visa waiver entrants.

We advised them on the process – when to do what, and which documents we would need. We filed the paperwork in late October and the interview in Santa Ana took place in early March.

At the interview, the officer asked many questions about their relationship. I had prepped them thoroughly before the interview, so they knew what to expect. The process went smoothly and the interview took less than ninety minutes. The couple was excited to have the case approved, and they look forward to moving forward with their life together.

If you are considering the marriage-based green card process, contact The Nunez Firm. Each case is different and there are several options available for couples planning to marry and live in the US. Managing attorney Jay Nunez will personally meet with you and help you better understand which path will work best for you.

Categories:  adjustment of status, green card, I-130, I-485, immigration lawyer, Irvine, marriage, Santa Ana, South Korea, visa petition    

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Green Card Approved Based on Marriage to US Citizen for Huntington Beach Client

3/5/2014

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One of our marriage based green card cases was approved this week after a nine month wait. We successfully represented the couple in the fiance visa process in 2012. The husband arrived in the US and the couple got married. After we filed for adjustment of status but before the USCIS interview in Santa Ana, the husband was arrested. The District Attorney decided not to press charges and the case was dismissed. At the interview, we provided USCIS with evidence that the case had been dismissed and our client was eligible to adjust status; however, because the District Attorney is allowed one full year to pursue a conviction, USCIS decided not to approve the adjustment of status at that time. They kept the case in pending status.

Over the next several months, we contacted USCIS requesting that they approve the case. Finally, after nine months of continuous pressure from our office, USCIS approved the case. Our client should receive his green card within the next few weeks. Because the marriage is less than two years old, he will receive a conditional green card that will expire in 2016. He will need to file an I-751 to remove the conditions on permanent residency at that time. The couple is excited that this stage of the process is complete. They look forward to raising their daughter in Huntington Beach knowing that their future in the US is secure.

If you are considering the adjustment of status process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the marriage based green card process and how we can help.

Categories: : adjustment of status, fiance visa, good faith marriage, Huntington Beach, I-485, I-751, immigration lawyer, Marriage Based Green Card, USCIS   
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Zuckerberg’s Pro Immigration Reform Group Begins Running Ads Pushing Congressional GOP to Act

3/5/2014

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The Council for American Job Growth, an affiliate of the Zuckerberg-founded and financed Fwd.us group, has released a new ad blasting House Republicans for slowing the path to immigration reform.

Fwd.us is controversial in Silicon Valley, where its tactics have caused a stir. After the group financed advertising praising the Keystone XL Pipeline, it lost Elon Musk as a supporter. The efficacy of the group’s methods is also open for question.

The Council for American Job Growth will spend $500,000 on the ad buy, running the spot in all 50 states, TechCrunch confirmed. The ad lays out a simple message: Immigration reform is a legislative must, both teams in Congress agree, and action now is better than action later. The spot began running today.

Fwd.us was founded by Zuckerberg and a cadre of technology elites, including Bill Gates, Ron Conway, Reid Hoffman, and Sean Parker. It has two affiliates, the aforementioned Council for American Job Growth, and Americans for a Conservative Direction, which are used as vehicles to push both parties toward Fwd.us-blessed goals.

Why should you care that technology money is being funneled into the realm of political advertisement? High-skill immigration was rolled into comprehensive immigration reform, meaning that it can’t pass without a larger immigration package passing. And given that American technology firms are keen to increase the number of H1-B visas, making it easier for them to hire, they have a stake in the larger immigration question.

Categories:: california, H-1B, immigration reform, Zuckerberg    

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USCIS Approves I-129F for fiance of Irvine Client; Consular Processing Next

3/3/2014

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We recently received an I-129F approval for the fiance of an Irvine client. The I-129f is the first step of the fiance visa process. In order to qualify for a fiance visa, the alien beneficiary must be the fiance(e) of a US citizen who seeks to enter the United States for the sole purpose of entering into a valid marriage with the US citizen. The marriage must occur within 90 days of the entry.

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The I-129f is filed with USCIS. Now that USCIS has approved the I-129f, the case will be transferred to the National Visa Center in order to process the consular interview. We will file additional documents with the National Visa Center before they schedule the visa interview so the consul can decide whether our client is eligible to receive an immigrant visa. The I-129f petition will remain valid for four months while we proceed with consular processing. If, for some reason, the case is not completed within four months, a four month extension is possible.

If you are considering the fiance visa process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will meet with you to help you better understand the process and whether the K-1 is right for you.

Categories: : fiance visa, I-129F, immigration lawyer, Irvine, k-1 visa, marriage, National Visa Center, Orange County, USCIS    

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