Category: USCIS

Marriage Based Green Card Approved Based on Adjustment of Status for Costa Mesa Client

8/6/2014

I just attended an adjustment of status interview with clients from Costa Mesa. The interview was held in the Santa Ana field office of USCIS. The couple met each other while the husband, a US citizen, was vacationing in Mexico with his family. The wife was working in a restaurant and the two of them began talking. After his vacation ended, they stayed in contact and he visited her in Mexico several more times.

In the fall of 2012, they began discussing the long-term plans for the relationship. In early 2013, he proposed and their two families had an engagement party in Mexico. The husband hired us to help with the fiance visa process, which we started in Spring 2013 when we filed the I-129F. In early 2014, the K-1 visa was approved by the US consulate in Mexico, and the wife arrived in the US shortly thereafter. The couple married within the first 90 days of her arrival, and we filed the I-485 application for adjustment of status shortly thereafter.

The Santa Ana field office is processing adjustment of status cases very quickly these days. Within three months of our filing the I-485, the interview went forward. We provided the USCIS officer will substantial evidence to prove that the marriage was entered into in good faith including bank statements, travel itineraries and photos of the large wedding celebration (150 guests).

The interviewing officer asked many questions about how the couple met, started dating and decided to get married. After reviewing the evidence and interviewing both spouses, the officer was satisfied that the marriage was entered in good faith by both parties, and he approved the case. The interview lasted about 45 minutes. The wife was granted conditional resident status for a period of two years, which means that she will need to file the I-751 to have the conditions removed two years from now.

If you are married or engaged to a non-US citizen and want to help your loved one obtain permanent resident status, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will help you better understand the process and how we can assist you in making everything proceed smoothly. Every year we represent dozens of married or engaged couples and help them decide on which process will best accomplish their goals.

Tags: adjustment of status, Costa Mesa, fiance visa, green card, I-129F, I-485, I-751, immigration lawyer, marriage-based, Mexico, Orange County, permanent resident, Santa Ana, USCIS

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

7/18/2014

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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

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

7/11/2014

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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

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

7/7/2014

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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

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Joint I-751 Petition for Removal of Conditions Approved Without Interview

7/3/2014

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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

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Marriage Based Green Card Approved Based on Adjustment of Status for Costa Mesa Client

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

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

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

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

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

Joint I-751 Petition for Removal of Conditions Approved Without Interview

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