We received an approval for an H-1b non-immigrant visa we filed in April 2015. The case was pending for an unusually long amount of time. The client employee's OPT status was set to expire on October 1, 2015. Therefore, in mid-September, when we still didn't have an adjudication, we reached out to our contact in the USCIS Ombudsman's office. We also filed for premium processing to ensure that we would have an adjudication before October 1st.

We were very excited when we received the approval on September 22nd. The client was happy that the approval arrived before the Premium Processing fee was cashed. Instead USCIS returned the check.

The H-1b was for a dietitian at a health care nursing facility. The employee obtained a Master's of Science in nutrition and food management  from an American University. He is a certified dietitian with extensive experience.

If your company is contemplating the H-1b process for an employee, contact Nelson & Nuñez to discuss your situation and determine whether an H-1b is the right option for you. Jay Nuñez and John Nelson will personally discuss the process during a confidential consultation.

We recently received an approval for an I-130 we filed for a US citizen on behalf of her father. The father is currently in the United States and in removal proceedings. The daughter naturalized as a US citizen earlier this year, and we immediately filed visa petitions for the parents.

Because the parents entered the US legally, they are eligible to adjust status and we already received an approval for the wife’s adjustment of status. However, because the father has pending removal proceedings in Los Angeles we were unable to file the I-485 concurrently with the I-130 visa petition. Now that we have an approved I-130 visa petition we can request that the immigration judge terminate proceedings so the father can adjust status through USCIS.

If you have an immigration situation and are curious about the options available to you moving forward, contact Nelson & Nuñez to schedule a consultation. Attorneys Jay Nuñez and John Nelson will personally meet with you to help you better understand your situation and how best to proceed.

One of our Tustin clients was approved for naturalization recently. She obtained permanent resident status through her husband in 2012 and we represented the couple during that process. Two years later we helped her remove the conditions on her residency through the I-751 process. Earlier this year, we filed for naturalization.

Under 8 CFR §319.1(a)(3), if the alien is married to a US citizen the normal 5 year residency requirement is reduced to 3 years if: (1) the US citizen spouse is a US citizen for three years; and (2) the parties have been “living in marital union” for three years. “Living in marital union” has been interpreted to mean actually residing together.

When we filed for naturalization, we included extensive evidence that the couple had been living in marital union for the last three years including the home mortgage in both their names and evidence that the couple had tried IVF more than once, and the birth certificate of their child.

The officer found that my client qualified for naturalization, and after administering the naturalization tests, she approved the case.

If you are considering the naturalization process, contact Nelson & Nuñez to schedule a consultation. John Nelson and Jay Nuñez will personally meet with you to help you better understand the process and assess whether your case presents hurdles that would complicate naturalization.

We recently received an approval for an I-485 adjustment of status application and I-130 visa petition. We filed the adjustment packet with USCIS based on a US citizen child (over 21 years old) petitioning for her parent. The family is originally from the Philippines. The daughter gained permanent resident status through her husband and three years later naturalized to become a US citizen.

After taking the oath ceremony, the daughter filed a visa petition for her mother along with a concurrent I-485 application. The case was filed in April of 2015 and USCIS approved the green card for the mother without conducting an interview.

With adjustment of status cases, USCIS has the option to request an interview. If the case is marriage-based, USCIS will conduct an interview. If the case is a child petitioning for a parent, they typically will not call for an interview unless there is some underlying issue that complicates adjudication (e.g. criminal record or prior removal).

If you are the parent of a US citizen child that is over 21 years of age, contact Nelson & Nuñez to schedule a consultation. Jay Nuñez and John Nelson will personally meet with you to help you better understand the adjustment of status process and whether your case is eligible for adjustment of status or whether a waiver and consular processing is required.

INA 212(d)(5)(A) gives the Secretary of Homeland Security the discretion to parole for "urgent humanitarian reasons or significant public benefit" any alien applying for admission to the United States. On November 15, 2013, USCIS issued guidance to ensure the consistent adjudication of parole requests made on behalf of non-citizens who are present without admission or parole and who are spouses, children, and parents of those who are serving or have served in the US military.

We recently received an approval for an MPIP case from Las Vegas. Although USCIS is not required to interview all MPIP cases, the Las Vegas office called for an interview so John Nelson flew to Nevada to attend. The USCIS officer conducted a thorough interview which lasted over an hour in order to better understand our clients' full story. Our clients explained that they met while working together in 2004. In 2010, the husband (US citizen) joined the National Guard - part of the reserve component of the US Armed Forces. In 2013, the couple purchased a house in Las Vegas.

During the interview, John Nelson explained that the couple would experience extreme hardship if forced to process the case through the US consulate in Mexico. Under Matter of Anderson, a 1978 BIA case, the relevant factors to consider when deciding extreme hardship include: the age of the subject, length of residence in the US; family ties in the US and abroad; financial status; the qualifying relative's position in the community; the economic and political condition in the country to which the alien is returnable; and the possibility of other means of adjustment.

John referenced other BIA precedent decisions such as Matter of O-J-O while explaining the extreme hardship factors involved. Finally, the USCIS officer agreed to grant the MPIP.

If you are an alien who is currently married or otherwise related to someone who is serving or has served in the US military, contact Nelson & Nuñez to schedule a consultation. Jay Nuñez and John Nelson will personally meet with you to help you better understand your situation and the options available to you.

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015.

What is Changing

Two charts per visa preference category will be posted in the DOS Visa Bulletin:

     -Application Final Action Dates (dates when visas may finally be issued); and

     -Dates for Filing Applications (earliest dates when applicants may be able to apply).

Aliens eligible to file for adjustment of status may file the I-485 when the priority date is prior to the date listed in Chart B even though a visa will not be available until the priority date qualifies under Chart A.

If you believe you are eligible to file for adjustment of status or for consular processing, contact Nelson & Nuñez to schedule a consultation. We will personally meet with you during a confidential consultation to determine how this procedural change may affect your case.