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Naturalization Approved for Los Angeles Client After Years Defending Against Deportation

9/24/2014

One of my Los Angeles clients was recently approved for naturalization. I began representing her five years ago when she was stopped at the airport and put into removal proceedings because she had two crimes involving moral turpitude from ten years prior. When she was a teenager she was convicted of writing bad checks – misdemeanors. When she tried to enter the US after a trip abroad, she was deemed inadmissible and put into removal proceedings.

We did a motion to change venue from Texas to Los Angeles. Then, for the next four years we pursued cancellation of removal, which was approved by an immigration judge earlier this year. After the deportation case was finished, we began the naturalization case. Everything went smoothly at the interview. The officer asked some questions about the prior convictions, but the general tone of the interview was cordial and friendly. My client will take her naturalization oath in the next month.

If you are considering the naturalization process, contact Nelson & Nuñez, P.C. Especially if you have a criminal conviction, you need to consult an experienced immigration attorney before filing. Otherwise, you could end up in removal proceedings, which can take many years and cost a lot of money to defend. Nelson & Nuñez, P.C. will personally meet with you and help you understand your position and chances for success with naturalization.

Categories: cancellation of removal, crime of moral turpitude, deportation, immigration lawyer, Los Angeles, motion to change venue, naturalization, Orange County

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Marriage-Based Green Card Approved on Conditional Basis for Irvine Client

9/22/2014

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We recently received an approval for a marriage-based adjustment of status for an Irvine client. She entered the US on a K-1 fiance visa earlier this year and the couple married shortly after that. We filed the adjustment of status packet with substantial evidence to prove the marriage was entered into in good faith.

The couple met through friends a few years ago. She was living in Mexico, and my client would visit her every few months. Eventually they decided to take the next step and get married. I advised that the K-1 fiance visa was the best option for them and we started the process. About eight months later, she entered the US on the fiance visa. Per regulations, the couple married within the first ninety days of her arrival.

At the interview in Santa Ana, the USCIS officer asked several questions about the couple’s relationship, past marriages, time spent together, etc. I had prepared my clients regarding what to expect at the interview, and they did a great job answering the questions. The interview went smoothly and was over within thirty minutes.

Because the marriage is less than two years old, my client will receive a conditional resident green card valid for two years. She will need to file to have the conditions removed during the ninety days immediately preceding the expiration date of the green card. I advised my clients to collect as much documentation to prove good faith marriage as possible over the next two years. I explained that if they collect enough evidence the case could be approved without an interview. If they don’t provide enough documentation, USCIS will call for an interview and question the bona fides of their marriage.

If you are considering marriage and one of you is not a US citizen or lawful permanent resident, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will personally meet with you to help you better understand the options available and whether any hurdles exist that could complicate the process.

Categories: adjustment of status, conditions, fiance visa, good faith marriage, I-485, I-751, immigration attorney, Irvine, k-1 visa, Mexico, Orange County, Santa Ana

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Green Card Approved for Same Sex Marriage Adjustment of Status for Laguna Client

9/18/2014

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Green Card Approved for Same Sex Marriage Adjustment of Status for Laguna Client

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We recently received an approval for a marriage-based adjustment of status for a Laguna Beach client. He had been in the US for almost ten years. He was the victim of attorney fraud in another state and he pursued a U visa based on extortion among other crimes. He moved to California and hired another immigration attorney to handle the U visa, but he did not fulfill his promises and the U visa case languished for several years.

Originally, he hired me to take over the U visa case. While I was representing him in the U visa case, the laws on same sex marriage changed when the Windsor decision was announced. At that point, I advised that my client and his long-time partner could marry and he could adjust his status to lawful permanent resident. The couple married (as they had wanted to do for some time), and we started the adjustment of status process. A few months later, we attended an interview at the Santa Ana office of USCIS. I was afraid that the age difference between the two men would be problematic, but the officer did not raise serious objections in that regard. She asked my clients standard questions which they were prepared to answer. At the close of the interview the officer advised that she was inclined to approve the case, but she needed to receive the U visa file from the Vermont Service Center of USCIS. She told me Vermont would not transfer an open file, so we should withdraw the U visa case on our own. My client was initially reluctant to withdraw the U visa case, because we did not have any guarantee that USCIS would approve the marriage-based green card. I explained that I trusted the officer not to sabotage us like that and we really did not have many options for keeping the U visa pending while we awaited a decision on the adjustment of status.

We withdrew the U visa case, and within 60 days the USCIS officer in Santa Ana approved the green card. My client received his conditional resident card this week. Now, he and his husband can live in Laguna Beach and know they do not need to worry about deportation. He can work legally in the US and even visit his family in his home country for the first time in many years. He can introduce his spouse to his family in person as well.

If you are in a same-sex marriage and considering the adjustment of status process, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will personally meet with you privately to discuss your options and how we can help. We have worked with many LGBT clients with many different types of immigration cases such as U visas, marriage, domestic violence and asylum.

Categories: adjustment of status, green card, I-130, I-485, immigraton attorney, Laguna Beach, LGBT, Orange County, same sex marriage, U visa, visa petition, Windsor

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Permanent Resident Status Approved for Santa Ana Couple After 20 Years

9/18/2014

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We recently received approvals for a husband and wife to obtain their permanent resident green cards. They entered the US in the early 1990s. The wife entered on a visitor visa. The husband entered without inspection (EWI). The wife worked as a cook for many years and her employer filed a labor certification for her in the late 1990s. For many years, she tried to convert the labor certification into a green card, but she was represented by several inexperienced attorneys that botched and re-botched her case for years.

Ultimately, I helped her son obtain his green card through marriage, and subsequently helped him become a US citizen through naturalization. After he became a US citizen, we filed visa petitions and I-485 adjustment of status applications for his parents (as the parents of a US citizen). Because the mother entered legally, we filed a standard I-130 visa petition and I-485 concurrently; however, because the father entered illegally, we filed a 245i adjustment case for him (requiring an additional $1000 filing fee).

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At the interview everything went smoothly. I had worked with the Santa Ana officer many times and she approved the case.

When my clients finally received the permanent resident cards, they were overjoyed and relieved. Over the years many attorneys had made false promises, so they were skeptical that I would resolve the case until they finally received the cards in hand. Now, they can live and work in the United States without fear that they could be separated from each other and their children without warning. After 20 years of calling the US their home, they now have the legal status to feel safe here.

If you are in the US illegally, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will help you better understand your situation and whether you have options for obtaining a green card.

Categories: adjustment of status, EWI, green card, I-130, I-485, immigration lawyer, interview, Mexico, naturalization, permanent resident, Santa Ana, visa petition

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I-751 Waiver Approved for Huntington Beach Client

9/11/2014

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We recently received an approval for one of our Huntington Beach clients. She was married to a US citizen and obtained her conditional resident status through the marriage. The couple was married for over three years when the husband became more controlling and emotionally abusive. He objected to his wife working and going to school. He expected her to be his sexual pet that would succumb to his every whim. Eventually, she left and moved out. She came to me after she separated from him.

Because she left in a hurry, she did not have many documents to prove good faith marriage. Additionally, we did not have any police records regarding abuse – in fact, he was never physically abusive. He was emotionally abusive. He would manipulate her psychologically, constantly pointing out the sexual abuse she suffered when she was younger as a reason she could not satisfy him sexually.

We decided to file the I-751 petition to remove conditions with all three waiver categories checked – good faith marriage, victim of extreme cruelty, and extreme hardship.

For good faith marriage, we provided marriage counseling records, email correspondence between our client and her in-laws showing they had a close relationship, and letter and cards from in-laws. We also provided a deposition transcript from a car accident in which both spouses were involved. The evidence was unconventional and sparse, but it was all we could gather.

To prove emotional abuse victimization, we provided a psychological evaluation and correspondence between the spouses to show how the husband manipulated her.

To prove that our client would suffer extreme hardship if she was deported to her home country we argued that she was sexually abused by her brother, and if she returned home she would be forced to live near him again.

When we received the approval notice, it did not tell us which basis for the waiver was approved. However, the client was overwhelmed with happiness. We received the approval within a couple weeks of sending the response to the request for evidence.

If you are a conditional resident and your expiration date is approaching within the next six months, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you understand the process and how we can help. We have experience with all types of I-751 cases: joint petitions, good faith marriage waivers, domestic abuse waivers, and extreme hardship cases. We have represented several clients in having denied I-751 cases reviewed in immigration court as well.

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Naturalization Approved for Los Angeles Client After Years Defending Against Deportation

Marriage-Based Green Card Approved on Conditional Basis for Irvine Client

Green Card Approved for Same Sex Marriage Adjustment of Status for Laguna Client

Permanent Resident Status Approved for Santa Ana Couple After 20 Years

I-751 Waiver Approved for Huntington Beach Client

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