Nelson & Nuñez, P.C.
  • HOME
  • ABOUT
  • BLOG
    • IMMIGRATION RESOURCES >
      • Legal Links
      • List of Immigration Website Resources
  • SERVICES
    • Family Based Immigration
    • Employment/Investor Based Services
    • Deportation
    • Other
  • TESTIMONIALS
  • CONTACT
  • FEATURED
    • I-601A Provisional

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

9/22/2014

0 Comments

 
 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

0 Comments

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

7/18/2014

0 Comments

 
  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
0 Comments

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

7/14/2014

0 Comments

 
 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
0 Comments

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

6/23/2014

0 Comments

 

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
0 Comments

    RSS Feed

    Author

    Jay authors these blog postings. Please contact Jay with any questions.

    Archives

    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    May 2015
    April 2015
    November 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014

    Categories

    All
    245i
    Adjustment Of Status
    Artist
    Attorney General Eric Holder
    BIA
    Border
    Border Enforcement
    Border Security
    Cancellation Of Removal
    Chile
    Ciudad Juarez
    Conditional Green Card
    Conditional Permanent Resident
    Congress
    Consular Processing
    Crime Of Moral Turpitude
    DACA
    Deportation
    Detention
    DOJ
    Domestic Abuse
    Domestic Violence
    El Paso
    Employment-based
    EOIR
    ESTA
    EWI
    Executive Action
    Expertise
    Extraordinary Ability
    Extreme Hardship
    Fiance Visa
    Good Faith Marriage
    Green Card
    I-129F
    I 130
    I-130
    I 360
    I-360
    I 485
    I-485
    I601
    I 601A
    I-601A
    I 751
    I-751
    I-824
    Immigrant Child
    Immigration Attorney
    Immigration Court
    Immigration Lawyer
    Immigration Reform
    Interview
    John Boehner
    K-1 Visa
    LGBT
    Lost Passport
    Lost Visa
    Manila
    Marriage
    Marriage Based
    Marriage-based
    Marriage To US Citizen
    Mexico
    Military
    Military Parole In Place
    Motion To Change Venue
    Musician
    National Visa Center
    Naturalization
    O 1 Visa
    O-1-visa
    Orange County
    Permanent Resident
    President Obama
    Provisional Waiver
    Removal Of Conditions
    Republicans
    Same Sex Marriage
    Senate
    Spouse
    Television
    The Nunez Firm
    USCIS
    U Visa
    VAWA
    Vermont Service Center
    Visa
    Visa Bulletin
    Visa Petition
    Visa Waiver Program
    Waiver
    Windsor
    Work Authorization

    RSS Feed

Quick Links

Home
About
Testimonials
Blog
Contact

Services & Information

DACA
Deportation Defense
I-485 Adjustment of Status
I-130 Visa Petition
Domestic Abuse Visa
Fiance Visa
I-601A
Labor Certification/PERM
O-1 Visa
H-1b Visas
E-2 Visa
I-751
N-400 Naturalization
 
Cancellation of Removal
Same Sex Marriage
U Visa
Extreme Hardship Waiver
INA 245(i)

Contact Us

Nelson & Nuñez, P.C.
1500 Quail St., Suite 260
Newport Beach, CA  92600


TEL:  949.833.2616
FAX:  949.851.8954
Join Our Email List
CONTACT
Website Policies and Terms of Use

Copyright 2015   |   All Rights Reserved   |  Nelson & Nuñez, P.C.  |   Website by iTrust Marketing