Category: Adjustment Of Status - Nelson and Nunez, P.C.

Adjustment of Status and Green Card Approved for Newport Beach Client Without Having to Pay INA 245i Penalty Fee

5/8/2015

We recently received an approval for one of our adjustment of status clients in Newport Beach. He entered the US legally using a valid visitor visa in the 1990s. However, he hired a notario to help him adjust his status many years ago. The notario took his money and all his documents and vanished when the California Attorney General began investigating him. So, my client had no proof that he entered the US legally.

My client was eligible for INA 245i relief, but we decided to file the case as a standard adjustment of status so he could avoid paying the $1000 penalty fee associated with INA 245i.

When my client's US citizen son turned 21 years old, we filed a form I-102 (for a replacement I-94) along with the I-130 visa petition and I-485 adjustment of status.

A few months later, we received a request for evidence asking us for proof that our client had entered the US legally. At that time, we had not received the I-102 approval. Luckily, we received the I-102 approval a month later. After that, the case was approved without an interview, and my client received his green card just a few days ago.

The overall processing time for the case was over one year, which is much longer than in past years. Many of our adjustment cases are taking much longer to process over the last year. It appears USCIS is short-staffed because of many of President Obama's new administrative actions - I-601A waivers and DACA - and the processing times are lengthening.

If you are the parent of a US citizen child who is 21 years old, contact Nelson & Nuñez, P.C.to schedule a consultation. Nelson & Nuñez, P.C. will personally meet with you to help you better understand your options and whether you are eligible to adjust status to lawful permanent resident.

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

9/22/2014

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

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

9/18/2014

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

jnunez

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

Permanent Resident Status Approved for Santa Ana Couple After 20 Years

9/18/2014

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

Marriage Based Green Card Approved Based on Adjustment of Status for Costa Mesa Client

8/6/2014

I just attended an adjustment of status interview with clients from Costa Mesa. The interview was held in the Santa Ana field office of USCIS. The couple met each other while the husband, a US citizen, was vacationing in Mexico with his family. The wife was working in a restaurant and the two of them began talking. After his vacation ended, they stayed in contact and he visited her in Mexico several more times.

In the fall of 2012, they began discussing the long-term plans for the relationship. In early 2013, he proposed and their two families had an engagement party in Mexico. The husband hired us to help with the fiance visa process, which we started in Spring 2013 when we filed the I-129F. In early 2014, the K-1 visa was approved by the US consulate in Mexico, and the wife arrived in the US shortly thereafter. The couple married within the first 90 days of her arrival, and we filed the I-485 application for adjustment of status shortly thereafter.

The Santa Ana field office is processing adjustment of status cases very quickly these days. Within three months of our filing the I-485, the interview went forward. We provided the USCIS officer will substantial evidence to prove that the marriage was entered into in good faith including bank statements, travel itineraries and photos of the large wedding celebration (150 guests).

The interviewing officer asked many questions about how the couple met, started dating and decided to get married. After reviewing the evidence and interviewing both spouses, the officer was satisfied that the marriage was entered in good faith by both parties, and he approved the case. The interview lasted about 45 minutes. The wife was granted conditional resident status for a period of two years, which means that she will need to file the I-751 to have the conditions removed two years from now.

If you are married or engaged to a non-US citizen and want to help your loved one obtain permanent resident status, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will help you better understand the process and how we can assist you in making everything proceed smoothly. Every year we represent dozens of married or engaged couples and help them decide on which process will best accomplish their goals.

Tags: adjustment of status, Costa Mesa, fiance visa, green card, I-129F, I-485, I-751, immigration lawyer, marriage-based, Mexico, Orange County, permanent resident, Santa Ana, USCIS

I-130 and I-485 Approved for Mission Viejo Husband of US Citizen

7/24/2014

I recently attended an adjustment of status interview for one of my Mission Viejo clients. He entered the US on a visitor visa more than ten years ago. Then, he changed status to an F-1 student visa. In 2009, he met his future wife while registering for classes. The couple dated for almost a year before deciding to get married. Four years later they came to see me seeking help with the adjustment of status process.

We collected documentation to prove that their relationship was entered into in good faith. Three months after we filed the I-130 visa petition and I-485 application to adjust status packet with USCIS, our interview went forward. The interview was handled by a veteran officer that I’ve worked with on several occasions. He was friendly and efficient and asked a handful of questions about how the couple met and how the relationship progressed. Everything went smooth, and, by the end, we received an approval notice. Our client should receive his green card within the next few weeks.

Because the couple had been married for over two years at the time of the interview, the husband will receive a permanent resident card without conditions. This means he will not need to file an I-751 petition to remove conditions in two years. He will be eligible to naturalize in three years.

If you are considering a marriage-based green card case, contact Nelson & Nuñez to schedule a consultation. Every year we help a dozen or more couples navigate the complicated marriage-based visa process whether the foreign-born spouse lives in the US or abroad. Nelson & Nuñez will personally meet with you to help you better understand the process and how we can help.

Categories: adjustment of status, green card, I-130, I-485, immigration lawyer, marriage to US citizen, Mission Viejo, Orange County, USCIS, visa petition

Immediate Relatives of Armed Services Members (Active and Veterans) May Be Eligible for Adjustment of Status Despite Illegal Entry Into The United States

7/21/2014

The Military Parole in Place process has been in effect for many years. Under the MPIP system, the spouses, children and parents of active duty armed forces members were eligible to adjust status to lawful permanent residency despite illegal entry into the US. As a general rule, any individual who illegally entered the US is ineligible for adjustment of status unless he is 245i eligible. The MPIP program was put in place to help active duty military members keep their families united.

For years the MPIP program was limited to active duty armed forces, selected reserve and ready reserve; however, in November 2013 the program was expanded to veterans as well. The USCIS memo states that “our veterans, who have served and sacrificed for our nation, can face stress and anxiety because of the immigration status of their family members in the United States. We as a nation have made a commitment to our veterans, to support and care for them. It is a commitment that begins at enlistment, and continues as they become veterans.”

This is a huge change that could effect many undocumented aliens. If you entered the US illegally and your parent, child or spouse is a veteran of the armed forces, selected reserve or ready reserve, you might be eligible to adjust status to lawful permanent resident (assuming you are otherwise eligible for a green card). “Absent a criminal conviction or other serious adverse factors, parole in place would generally be an appropriate exercise of discretion for such an individual.”

The parole in place program can help an alien avoid the I-601 or I-601A extreme hardship waiver process which can be more expensive and require travel to the alien’s home country for consular processing. If you are in the US illegally and are married to an active duty or veteran armed forces member, or if your son or daughter is an active duty or veteran armed forces member, contact Nelson & Nuñez to discuss the possibility of parole in place and adjustment of status. The process is complicated and we will need more information before we can assess your eligibility, but Nelson & Nuñez will meet with you during a confidential one-on-one consultation to evaluate your position.

Categories: 245i, adjustment of status, I-485, i-601, immigration lawyer, marriage, Military, military parole in place, spouse, waiver

VAWA I-360 Approved for Mission Viejo Client; Next Step Adjustment of Status to Permanent Resident

7/18/2014

We just received an approval for one of our VAWA domestic violence cases. This was the fastest approval I’ve received in the last several (maybe five) years. We filed the VAWA (Violence Against Women Act) I-360 with the Vermont Service Center in late March 2014, and we received the approval less than four months later. In most cases, it takes USCIS a year to adjudicate an I-360 case.

For a VAWA case, the self-petitioner must prove that she was marred a US citizen or lawful permanent resident spouse in good faith and she was the victim of domestic violence or extreme emotional abuse.

In this case, our client had a child with her ex-husband, so we felt confident that good faith marriage would not be an issue. The abuse was more difficult to prove. The ex-husband was never arrested for his abuse, and she did not get a restraining order against him. He had a history of domestic abuse with a previous wife, so we used that as probative evidence. We also had written statements from our client’s co-workers explaining that the ex-husband would often spy on her while she was at work. He would get drunk at her work as well. She filed one police report regarding his abuse, but the report did not say much. The ex-husband also used her immigration status as leverage as a way to manipulate her into obeying his demands.

We helped her draft a written statement explaining how they met, when the abuse started, and how it progressed. We also had her evaluated by a psychiatrist and he issued a report on how the abuse has affected her.

I was surprised we received the approval so soon. The client, who resides in Mission Viejo, was thrilled by the good news. The next step will be an adjustment of status interview in Santa Ana. Because we filed the I-485 adjustment of status application concurrently with the I-360, USCIS should transfer the file to Santa Ana soon. The interview should be rather straightforward because my client does not have any inadmissibility bars that would prevent her from obtaining a green card. Even though she entered the US without inspection or admission, that will not bar her from obtaining a green card because this is a VAWA case. I expect the interview to move forward in the next 2-4 months.

If you are the victim of domestic violence, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez works with male and female victims of domestic violence so they can secure their immigration status in the United States, and we would be happy to help you better understand the process.

Categories: adjustment of status, domestic abuse, domestic violence, good faith marriage, I-360, I-485, Mission Viejo, Santa Ana, USCIS, VAWA, Vermont Service Center

Adjustment of Status Based on Marriage Approved for Irvine Client; Green Card Issued

7/14/2014

I recently attended an interview for a marriage-based adjustment of status for an Irvine client. He entered the US on an F-1 student visa in 2008. He graduated and received his Bachelor’s degree, then pursued a Master’s degree. In 2012, he met his future wife and the couple began dating. They moved in eight months later. Earlier this year, the couple married and came to see me about the adjustment of status process.

We helped them collect the necessary evidence to prove good faith marriage including utility bills, apartment leases and joint insurance among other things. We filed the I-130 visa petition and I-485 adjustment of status application concurrently along with the other required forms and evidence. Within four months, the interview in Santa Ana was scheduled. I prepared them for the interview beforehand and advised them on what to expect. We brought additional evidence to prove good faith marriage when we attended the interview. Everything went smoothly at the interview. My clients knew which questions would be asked and they were calm and prepared. At the conclusion of the interview, the USCIS officer approved the case.

Because the marriage was less than two years old at the time the green card was approved, my client will receive a conditional resident card that is valid for two years. He will need to file the I-751 petition to remove conditions in two years.

The couple was very pleased with the result. They plan to travel to my client’s home country and have a large wedding in the Catholic Church in a few months. They’re even more excited about the honeymoon.

If you are considering the marriage-based green card process, contact Nelson & Nuñez to schedule a consultation. Every year we represent more than a dozen marriage-based green card cases at the Santa Ana, Los Angeles and San Bernardino offices of USCIS. Nelson & Nuñez will personally meet with you to assess whether your case is eligible for adjustment of status or consular processing.

Categories: : adjustment of status, good faith marriage, green card, I-130, I-485, Irvine, marriage, Santa Ana, USCIS, visa petition

I-751 Petition to Remove Conditions on Residence Approved for Clients in Orange County; No Interview Requested by USCIS

7/7/2014

We just received another approval for a Form I-751 Petition to Remove Conditions on Residence. USCIS approved the case without requesting an interview, and the clients were happy about that.

The clients had known each other for decades. They were family friends for many years and they both grew up in another country together. The husband became a US citizen several years ago through naturalization. After years of being friends, their relationship progressed and they got married. We represented them during the adjustment of status process. The wife was living in the US. She entered legally, and, after the couple got married, we filed for her to adjust status to permanent resident while living in the US. Everything went smoothly with the process and she was approved for a conditional permanent resident card. For the last two years the couple has lived in Aliso Viejo.

Because the marriage was less than two years old at the time of approval of the green card, she was granted conditional resident status. This meant that she was given a permanent resident card for a two year period. During the ninety days preceding the expiration date of the card, she had to file to have the conditions removed from her lawful resident status. With the I-751 process, USCIS has the option of approving the case without calling for an interview. If USCIS is convinced that the evidence provided is sufficient, they can approve the case without an interview in the Santa Ana office of USCIS.

In this case, we provided a substantial packet of evidence to prove the marriage was entered in good faith. Approximately four months after filing the I-751, the case was approved without an interview. As the spouse of a US citizen, she will be eligible to naturalize in about eight months.

If you or your spouse is a conditional permanent resident and the expiration date is less than six months away, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will personally meet with you to help you better understand the process and how we can help. Every year we handle at least a dozen I-751 cases so we know what USCIS wants to see.

Categories: adjustment of status, Aliso Viejo, conditional green card, I-751, interview, Orange County, removal of conditions, Santa Ana, USCIS

Joint I-751 Petition for Removal of Conditions Approved Without Interview

7/3/2014

We just received an approval notice for an I-751 petition to remove conditions on permanent residency for one of our Huntington Beach clients. We filed the case earlier this year prior to the expiration of the husband conditional permanent resident card expiration. It took USCIS less than five months to approve the case.

We originally represented this client in the adjustment of status process based on his marriage to his US citizen wife. At the time of the adjustment of status the couple’s marriage was less than two years old; therefore, by law, he was granted conditional permanent resident status for two years. Towards the end of the two year period, he was required to file the Form I-751 with USCIS in order to have the conditions on permanent residency removed.

Unlike the adjustment of status process which requires an interview with a USCIS officer, the I-751 interview is optional at the discretion of USCIS. If USCIS believes the evidence provided with the I-751 was sufficient, the USCIS officer can approve the case without an interview in the Santa Ana office. In this case, we provided approximately 90 pages of evidence in support of our I-751.

The couple was extremely happy to hear that the husband would be issued a ten-year green card. I advised that he will be eligible to naturalize as a US citizen in approximately one year. As the spouse of a US citizen, a permanent resident that has been 1) married for three years and 2) a permanent resident for three years, is eligible to become a US citizen through naturalization.

If you are a conditional permanent resident and your two year expiration date is approaching, contact Nelson & Nuñez to schedule a consultation. It’s best to contact us about six months before the expiration date. This allows us ample time to prepare a persuasive and effective case.

Categories: adjustment of status, Huntington Beach, I-751, immigration lawyer, interview, naturalization, removal of conditions, USCIS

Joint I-751 Approved for Riverside Couple; No Interview Requested

6/23/2014

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

July Visa Bulletin Shows Employment-Based Second Preference Jumped

6/11/2014

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

Joint I-751 for Irvine Client Approved After Only Four Months

6/4/2014

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

I-824 Granted For Los Angeles Client; Next Step Consular Processing for Daughter in Manila

5/28/2014

We recently filed an I-824 for one of our clients in Los Angeles. She was approved for VAWA using an I-360. A couple months ago, she adjusted her status to permanent resident based on VAWA and received her green card. When an alien is approved for VAWA, her dependent minor children become eligible for immigrant visas and green cards. Her daughter still lives in the Philippines, so we filed the I-824 Application for Action on an Approved Case asking USCIS to transfer the file to the National Visa Center (Department of State) so they could forward the case to the US consulate in the Philippines. Then, we can process the daughter’s immigrant visa through consular processing.

We hope the consulate in Manila will receive the file in the next couple months so we can get the daughter reunited with her mother as soon as possible.

If you are interested in immigrating a family member to the US from another country, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will personally meet with you during a confidential appointment and help you better understand your options, the process and what to expect.

Categories: adjustment of status, consular processing, green card, I-360, I-824, immigration lawyer, Los Angeles, Manila, National Visa Center, VAWA