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

5/8/2015

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

7/24/2014

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

7/14/2014

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 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
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Green Card Approved Based on VAWA for Los Angeles Client After Deportation Proceedings Dismissed by Immigration Judge

1/31/2014

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One of our Los Angeles clients recently received her green card after her I-485 adjustment of status application was approved. She was approved for VAWA based on being the victim of domestic violence; however, because she had an outstanding removal order, her I-485 was denied. We did not represent her with her initial VAWA adjustment.

She came to me through a client referral. I explained that we first needed to reopen her removal proceedings and get the deportation order taken off her record. After that, we could proceed with the adjustment of status based on the approved VAWA.

I contacted Immigration and Customs Enforcement and explained the situation. They agreed to join in a joint motion to reopen her immigration court case. The immigration judge agreed to reopen the case, dismiss the removal order, and close the court case.

Once the court case was closed, we spoke with USCIS asking them to adjudicate the I-485. After an interview in the Los Angeles office of USCIS, the officer approved the I-485, and, within a few weeks, my client received her green card.

She is very excited that she is a permanent resident. The next step will be to petition for her daughter to come to the United States to live and go to school.

If you have an immigration situation and would like to better understand the options available to you, contact 
Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will meet with you on a confidential basis and help devise the best strategy to accomplish your goals. 

Categories: : deportation order, domestic violence, green card, I-130, I-485, immigration court, immigration lawyer, Los Angeles, motion to reopen, VAWA, visa petition    

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Newport Beach, CA  92600


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