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).
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-751 Petition to Remove Conditions on Residence Approved for Clients in Orange County; No Interview Requested by USCIS
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
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
Jay authors these blog postings. Please contact Jay with any questions.