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With Congress Refusing to Act President Obama Pursues Executive Action to Reform US Immigration Laws

6/30/2014

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WASHINGTON (Reuters) – President Barack Obama said on Monday he would take executive action to reform the U.S. immigration system after hopes of passing legislation in Congress officially died.

Republican John Boehner, speaker of the House of Representatives, told Obama last week that his chamber would not vote on immigration reform this year, killing chances that a wide-ranging bill passed by the Senate would become law.

The collapse of the legislative process delivers another in a series of blows to Obama’s domestic policy agenda and comes as he struggles to deal with a flood of unaccompanied minors from Central America who have entered the United States.

It also sets up a new battle with congressional Republicans, who accuse Obama of going beyond his legal authority to take executive action on issues such as gay rights and equal pay for women and men.

Obama chided House Republicans for refusing to bring immigration reform to a vote and said only legislation could provide a permanent fix to the problem.

“I take executive action only when we have a serious problem, a serious issue, and Congress chooses to do nothing. And in this situation, the failure of House Republicans to pass a darn bill is bad for our security; it’s bad for our economy, and it’s bad for our future,” Obama said in the White House Rose Garden.

“America cannot wait forever for them to act. That’s why today I’m beginning a new effort to fix as much of our immigration system as I can on my own, without Congress.”

The president directed Secretary of Homeland Security Jeh Johnson and Attorney General Eric Holder to move enforcement resources from the U.S. interior to the border to promote public safety. He said he asked his team to prepare recommendations on other actions he can take unilaterally by the end of the summer.
Tags: Attorney General Eric Holder, Congress, executive action, immigration reform, John Boehner, President Obama, Republicans    

Categories: Attorney General Eric Holder, Congress, executive action, immigration reform, John Boehner, President Obama, Republicans   
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Joint I-751 Approved for Riverside Couple; No Interview Requested

6/23/2014

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We received another I-751 Approval without an interview. We represented this couple in obtaining the husband’s marriage-based green card in 2011. Because the marriage was less than two years old at the time of the adjustment of status, he was issued a conditional permanent resident card with a two year expiration date. When it came time to petition for the removal of conditions, we represented them again.

We provided USCIS with substantial evidence to show their relationship was still viable and entered into in good faith. We provided over a hundred pages of evidence. After only a few months, we received the approval notice for the I-751. Unlike the adjustment of status process in which USCIS must conduct an interview with the married couple, the I-751 process does not require an interview. If the USCIS officer charged with reviewing the I-751 is satisfied that the evidence proves good faith marriage, the officer can waive the interview and approve the case. If the officer remains unconvinced, s/he can schedule an interview.

Over the last 18 months, all of our joint I-751 petitions have been granted without an interview. If your conditional permanent residency is expiring in the next six months, contact 
Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will help you understand the process and assess how we can help you.

Categories: : adjustment of status, conditional permanent resident, good faith, green card, I-751, marriage
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Chile Joins Visa Waiver Program

6/13/2014

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Beginning March 31, 2014, Chileans meeting the criteria of the Visa Waiver Program may travel to the United States for business or tourism, for up to 90 days, without a visa.

The Visa Waiver Program (VWP) allows citizens of participating countries to travel to the United States without a visa for stays of 90 days or less, when they meet all requirements explained below. Travelers must be eligible to use the VWP and have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel.

Chile is the first and only country from South/Central America to join the Visa Waiver Program.

Categories: Chile, ESTA, immigration lawyer, Visa Waiver Program   
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July Visa Bulletin Shows Employment-Based Second Preference Jumped

6/11/2014

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The Department of State released the July 2014 Visa Bulletin. The Employment-Based Second Preference, which covers members of professions holding advanced degrees and aliens of exceptional ability, jumped for Indian nationals. The June 2014 bulletin show processing for May 2004; however, the July 204 bulletin jumped to September 2008. This date could retrogress soon, so aliens with EB2 priority dates before September 2008 should consult their immigration attorneys to see about filing for adjustment of status as soon as possible.

If you are considering a visa petition based on family relationship or employment, contact 
Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will personally meet with you and help you better understand your options and the overall process.

Categories:  adjustment of status, employment-based, immigration lawyer, visa, visa bulletin, visa petition   
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Joint I-751 for Irvine Client Approved After Only Four Months

6/4/2014

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We just received great news that one of our Irvine clients was approved for removal of conditions on permanent residency. We filed the I-751 form with USCIS in late January about ninety days before her conditional green card was set to expire. We provided evidence that the couple lived together and although they do not have any children, we provided documents showing that they’ve worked with fertility specialists. We included over a hundred pages of evidence to support a finding of good faith marriage. We represented these clients with the marriage based adjustment of status process two years ago, so we knew exactly what had been filed previously in their case.

The case was approved without an interview. The couple is happy with the outcome and looks forward to visiting the wife’s family this summer. If you have a conditional green card and the expiration date is set to expire in the next six months, contact 
Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will personally meet with you to help you better understand the process.

Categories:  adjustment of status, green card, I-751, immigration lawyer, Irvine, marriage-based, removal of conditions    

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O-1 Visa Reissued by Consulate in Sydney After Client Loses Passport and Visa

6/3/2014

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One of our clients lost his passport and O-1 visa a few months ago. The O-1 visa is reserved for aliens with an extraordinary ability in sciences, arts, business, athletics, education, motion picture and television. He originally obtained the O-1 based on his musical abilities and his work with well-known rock bands in Orange County. When he lost his passport and visa, he became unable to enter the US. We had him file a police report and apply for a new passport. Once he had the passport, we schedule him for a consular interview in Sydney, Australia. He provided all the evidence we originally filed for the O-1 along with an updated itinerary and proof that he was still touring with his band in the US. Everything went smoothly with the consular processing and he was issued the visa. He should be landing in the US within the next couple days.

If you are considering the O-1 visa process, contact 
Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will personally meet with you and help you better understand the standard of proof for the O-1 visa and whether your case is viable and worth pursuing.

Categories: artist, extraordinary ability, immigration attorney, lost passport, lost visa, musician, O-1 visa 
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F2A Family Sponsored Immigrant Visas Regress Even Further for June 2014 Visa Bulletin

6/1/2014

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The family sponsored second preference (F2A) category regressed even further in the upcoming visa bulletin for June 2014. The F2A category includes the spouses and children of lawful permanent residents. In September 2013, the F2A category became current, meaning there was no wait time between filing an I-130 and filing for adjustment of status. Many spouses of lawful permanent residents rushed to file I-130 visa petitions concurrently with I-485 applications.

In the new visa bulletin the F2A category will further retrogress to May 2012. For those that filed their I-130 and I-485, this means they will need to wait much longer until the green card will be ready for processing; however, they will be able to renew work authorization until the priority date becomes current (in most cases).

If you are married to a US citizen or lawful permanent resident, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you and help you better understand the process, fees and any complicating issues.

 
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