Category: Immigration Lawyer - Nelson & Nuñez, 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.

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

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

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

Immigrant Visa Approved in Ciudad Juarez based on I-601A Waiver Approval

7/11/2014

One of our clients from Idaho re-entered the United States today as a lawful permanent resident after years of living here in unlawful immigration status. He has lived with his wife and children in Idaho for over a decade. They contacted us a couple years ago asking how they might legalize his status. He entered the US without inspection (EWI) over a decade ago. He married his wife many years ago and they had children together.

At the time I advised him that we could pursue the I-601 process if we could prove that it would cause his US citizen wife “extreme hardship” if he were not allowed to live in the US. When they were finally ready to start the process, the new I-601A waiver had become available. We filed the I-130 visa petition for him and it was approved. Then, we filed the I-601A unlawful presence waiver with USCIS. In our waiver packet, we argued that his wife, who has had medical problems for many years, would not be able to care for their children without him. She would not be able to care for herself without him. We provided substantial evidence. The I-601A was approved by USCIS.

Then, we proceeded to file for the immigrant visa through the Department of State. Our client went to Ciudad Juarez to process the immigrant visa and he returned to the US within a week. Everything went smoothly at the consulate and he re-entered the US at El Paso, Texas today. He will fly back to Idaho later today.

If you are in the US illegally and are married to a US citizen of lawful permanent resident, contact Nelson & Nuñez to see if we can help. Nelson & Nuñez will personally meet with you and help you better understand your options.

Categories: ciudad juarez, El Paso, EWI, extreme hardship, i-601, I-601A, Idaho, immigration lawyer, marriage-based, Orange County, permanent resident, USCIS, waiver

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

Chile Joins Visa Waiver Program

6/13/2014

Beginning March 31, 2014, Chileans meeting the criteria of the Visa Waiver Program may travel to the United States for business or tourism, for up to 90 days, without a visa.

The Visa Waiver Program (VWP) allows citizens of participating countries to travel to the United States without a visa for stays of 90 days or less, when they meet all requirements explained below. Travelers must be eligible to use the VWP and have a valid Electronic System for Travel Authorization (ESTA) approval prior to travel.

Chile is the first and only country from South/Central America to join the Visa Waiver Program.

Categories: Chile, ESTA, immigration lawyer, Visa Waiver Program

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

Three Different Standards (Definitions) of Extraordinary Ability for O-1 Visa

5/26/2014

The O-1 Visa, often called the superstar visa, is for foreign-born persons of extraordinary ability. Individuals with an extraordinary ability in sciences, arts, business, athletics, education, motion picture and television are eligible for an O-1 visa; however, the standard for proving extraordinary ability depends on which subcategory the alien qualifies.

Three different standards exist for proving extraordinary ability: 1) Science, educational, business or athletics; 2) Arts; and 3) Motion pictures and television. If the alien claims extraordinary ability in science, education, business or athletics, the alien must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise and is coming to the United States to continue work in the area of extraordinary ability. Under this category, “extraordinary” is defined as a level of expertise indicating that person is one of the small percentage who have risen to the very top of the field of endeavor. Scientists, researchers, professors and physicians can qualify under this category of O-1. Additionally, CEOs, CFOs, executives, entrepreneurs, investment bankers and athletes can qualify.

To qualify, the aline must show that she has received a major, internationally recognized award (such as a Nobel Prize), or she can satisfy the evidentiary requirements by meeting three of the following lesser criteria:

    membership in an association requiring outstanding achievement
    published materials written by others about the alien
    lesser national or international prizes or award
    participation as a judge of the work of others
    authorship of books or articles
    high compensation or salary
    original contributions of major significance
    employed in a critical or essential role for a distinguished organization

If the alien claims extraordinary ability in the Arts, the alien must still prove sustained national or international acclaim and recognition for achievements in the field of expertise and is coming to the US to continue work in the area of extraordinary ability. However, the definition of extraordinary is different. The alien must prove distinction – a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to extent that a person described as prominent is renowned, leading or well-known in the field of arts. The O-1 visa for Artists can work for visual effects artists, animators, architects, graphic designers, fashion designers, stylists, make-up artists, musicians, photographers, chefs, dancers, sound engineers, choreographers, music producers, and writers among others.

To qualify as an Artist O-1, the alien must prove that she has either been nominated or received a significant national or international award or prize such as a Grammy, or meet three out of the following criteria:

    press/media coverage
    significant recognition for achievements from organizations or experts
    high compensation in relation to others in the field
    prior starring roles in major productions
    critical or commercial success

If the alien claims to have extraordinary ability in motion pictures and/or television, the alien must demonstrate a record of extraordinary achievement in motion picture and/or television productions and who is coming to the United States to continue work in the are of extraordinary achievement. Extraordinary is defined as a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable or leading in the motion picture or television field. This O-1 visa is primarily for actors, producers, directors, cinematographers, editors, writers, production designers, costume designers and set designers among others. In order to meet the evidentiary standard, the alien should prove that she has been nominated for or received a significant national or international award such as an Academy Award, Emmy or Golden Globe, or meets three of the following criteria:

    press/media coverage
    significant recognition from organizations or experts
    lead or starring role for distinguished production
    lead, starring or critical role for distinguished organization
    high compensation in relation to others in the field
    major critical or commercial success

At first glance, the O-1 would appear too difficult to qualify for unless the alien is well-known throughout the world. However, that is not always the case. The Nunez Firm has successfully represented up-and-coming artists in many fields of endeavor from music to ballroom dancing. If you are curious about the O-1 process and whether you may qualify, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the standard of proof and how it applies to you.

Categories: artist, expertise, extraordinary ability, immigration lawyer, Irvine, O-1 visa, Orange County, television