Nelson and Nunez, P.C.
  • HOME
  • ABOUT
  • BLOG
  • SERVICES
    • Family Based Immigration
    • Employment/Investor Based Services
    • Deportation
    • Other
    • IMMIGRATION RESOURCES >
      • Legal Links
      • List of Immigration Website Resources
  • TESTIMONIALS
  • CONTACT
  • FEATURED
    • These Services Require an Immigration Attorney
    • Immigration Court and Form I-751 Denials GADS
    • Military Parole in Place
    • I-601A Provisional
    • E-2 Visa for Investors

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

5/8/2015

0 Comments

 
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.
0 Comments

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

9/18/2014

1 Comment

 
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.




Picture
 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
1 Comment

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

7/7/2014

0 Comments

 

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
0 Comments

    RSS Feed

    Author

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

    Archives

    September 2024
    August 2024
    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