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Consular Processing Successful for Son of Green Card Holder; Immigrant Visa (Green Card) Approved

4/24/2014

The son of one of our Huntington Beach clients was approved for an immigrant visa this week. Two years ago we obtained a fiance visa and marriage-based green card for his mother. She came to the United States from Colombia and married her husband. She brought with her one of her sons from Colombia, but she did not bring her other son, who stayed with his father. After we obtained green cards for the mother and son that accompanied her, the mother discussed the other son’s future with the boy’s father. Ultimately, the parents agreed that the boy would have a better future if he moved to Orange County, California, so we started the immigrant visa process.

We filed an I-130 visa petition with the permanent resident mother as the petitioner. When the visa petition became current based on the Department of State visa bulletin, we began the consular processing in Colombia. The boy’s mother flew down to Colombia to make sure everything went smoothly with the medical exam and consular interview. Everything was approved, and we expect him to arrive in California in the next week or so.

If you are considering consular processing, 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 applicable immigration laws and what options are available to you.

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Who is a Qualifying Relative for the I-601 Unlawful Presence Waiver

4/18/2014

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Beginning in March 2013, the I-601A provisional waiver has helped many families avoid long separations from loved ones and obtain much-needed green cards for alien relatives. Under the old system of the I-601 extreme hardship waiver, and alien relative who entered the United States without inspection (illegally), would need to travel to his/her foreign country and apply for the waiver of unlawful presence while abroad. The wait time for a decision could last a few hours or many months, and during that time, the alien would stay outside the US and oftentimes separated from the family in the United States.

Under the I-601A unlawful presence waiver, the alien can apply for the waiver while in the United States. If the waiver is approved, the alien attends an interview in the foreign country and returns to the US within a week or so.

We have represented many I-601A clients over the last year, and I’ve met with several more that I determined we’re ineligible for the I601A. As is the case with many aspects of immigration law, rumors and inaccurate information circulate throughout immigrant communities, and one of the biggest misconceptions regards who can qualify as a qualifying relative for I-601A purposes.

To successfully apply for an I-601A unlawful presence waiver, the applicant must convince US Citizenship and Immigration Services (USCIS) that it would cause the alien’s qualifying relative extreme hardship if the alien is not permitted to live in the United States as a permanent resident. Under the I-601A provisions, a qualifying relative must be a spouse or parent of the alien seeking to obtain permanent residency. The qualifying relative must be a permanent resident (green card holder) or US citizen. Therefore, if alien has a US citizen son (over 21 years old) who wants to petition for the alien to obtain permanent residency, the alien cannot file an I-601A based on extreme hardship to the US citizen son. The alien would need to have a permanent resident or US citizen spouse or parent to act as the qualifying relative.

The rules for the I-601 waiver, which is filed at the consulate, has different rules for who qualifies as a qualifying relative. Under some circumstances a child may act as the qualifying relative. This subtle discrepancy is the likely cause of the confusion.

If you are considering an I-601A waiver and want an experienced immigration attorney to assess your case’s viability, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you during a confidential appointment and help you better understand the process, your options, and likely chances for success.

Categories: : california, ciudad juarez, extreme hardship, I-601A, immigration lawyer, Orange County, provisional waiver, The Nunez Firm, unlawful presence, waiver

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Deferred Action (DACA) Approved for Santa Ana Client; Next Step Filing for Advance Parole

4/10/2014

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We just received an approval for one of our DACA clients in Santa Ana. We filed the case at the end of 2013, and we received the approval almost exactly three months later.

In order to be eligible for deferred action for childhood arrivals, the applicant must meet many requirements and be able to prove it. He must show he arrived in the US before he turned 16 years old. He has lived in the US continuously since June 15, 2007. He was in the United States on June 15, 2012. He graduated or is currently in high school or he has taken or is preparing to take the GED. He cannot have a significant criminal history either. There are several other baseline requirements that all DACA applicants must meet before deferred action will be approved by USCIS.

Our client arrived in the United States when he was nine years old, and we were able to prove his continuous presence since that time by providing school immunization records and other public school attendance records. We provided W2s and other tax documents to prove continuous presence for the last five years. We gave USCIS bank records to show he was in the United States on June 15, 2012.

Our client also received work authorization which will allow him to work legally in the United States for the next two years. We intend to file for advance parole so our client can visit his ailing grandfather in Mexico. He has not seen his grandfather for many years, and, unfortunately, the grandfather will likely pass away some time soon. DACA approved immigrants are eligible for advance parole in certain limited circumstances, and we hope that having a terminally ill grandparent will qualify.

If you are considering the Deferred Action for Childhood Arrivals process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the process and whether you have a viable case.

Categories: Advance Parole, DACA, Deferred Action, Deferred Action for Childhood Arrivals, immigration lawyer, Mexico, Santa Ana, USCIS, work authorization

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Naturalization Approved for Irvine Client; Next: Petitioning for Parents in Mexico to Receive Immigrant Visas

4/7/2014

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I recently attended a naturalization interview for an Irvine client. He had been a permanent resident for almost a decade when he decided to pursue naturalization. He came to me in late 2013 asking about the naturalization process. I explained that he was eligible for naturalization because he had been a permanent resident for over five years and he had no moral character issues during the last five years. He told me he wanted to naturalize so he could petition for his parents who still lived in South America. They had retired and he hoped to have them move to the US so they could help take care of my client’s young children.

We helped him gather the necessary documents in order to naturalize. We prepared all the forms and evidence and filed the case in December 2013. Everything processed smoothly without any delays or requests for evidence. The interview was scheduled about four months after we filed the N-400. The interview went forward in the Santa Ana office of USCIS. the officer was new, and I had never worked with her before. She conducted a relaxed and efficient interview and we were well prepared with all the necessary documents. My client passed the naturalization exams including the civics, reading and writing tests. The total time for the interview as just over a half hour.

We anticipate receiving the oath ceremony notice within the next few weeks. Once my client takes the naturalization oath, we will file I-130 visa petitions for his mother and father. We have already started putting together the necessary evidence and information so we are ready to file as soon as we have proof of my client’s US citizen status. I expect the total processing time for the I-130 visa petitions and consular interview will be around 8 months. Hopefully, his parents can arrive in the US before the end of the year.

If you are considering the naturalization process or want to petition for your parents to become permanent residents, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the process, what to expect and which options are best for you.

Categories: : I-130, immigration lawyer, interview, Irvine, N-400, naturalization, parent of US citizen, parents, Santa Ana, USCIS, visa petition

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Consular Processing Successful for Son of Green Card Holder; Immigrant Visa (Green Card) Approved

Who is a Qualifying Relative for the I-601 Unlawful Presence Waiver

Deferred Action (DACA) Approved for Santa Ana Client; Next Step Filing for Advance Parole

Naturalization Approved for Irvine Client; Next: Petitioning for Parents in Mexico to Receive Immigrant Visas

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