Blog Posts - Nelson and Nunez, P.C.

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

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

7/18/2014

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

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

7/14/2014

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

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

Video – Senate Committee Hearing on Southern Border Crisis and Rise in Apprehensions

7/9/2014

Video link to Senate Hearings

Catefories: border, border enforcement, immigration reform, Senate

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

7/7/2014

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

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

With Congress Refusing to Act President Obama Pursues Executive Action to Reform US Immigration Laws

6/30/2014

WASHINGTON (Reuters) – President Barack Obama said on Monday he would take executive action to reform the U.S. immigration system after hopes of passing legislation in Congress officially died.

Republican John Boehner, speaker of the House of Representatives, told Obama last week that his chamber would not vote on immigration reform this year, killing chances that a wide-ranging bill passed by the Senate would become law.

The collapse of the legislative process delivers another in a series of blows to Obama’s domestic policy agenda and comes as he struggles to deal with a flood of unaccompanied minors from Central America who have entered the United States.

It also sets up a new battle with congressional Republicans, who accuse Obama of going beyond his legal authority to take executive action on issues such as gay rights and equal pay for women and men.

Obama chided House Republicans for refusing to bring immigration reform to a vote and said only legislation could provide a permanent fix to the problem.

“I take executive action only when we have a serious problem, a serious issue, and Congress chooses to do nothing. And in this situation, the failure of House Republicans to pass a darn bill is bad for our security; it’s bad for our economy, and it’s bad for our future,” Obama said in the White House Rose Garden.

“America cannot wait forever for them to act. That’s why today I’m beginning a new effort to fix as much of our immigration system as I can on my own, without Congress.”

The president directed Secretary of Homeland Security Jeh Johnson and Attorney General Eric Holder to move enforcement resources from the U.S. interior to the border to promote public safety. He said he asked his team to prepare recommendations on other actions he can take unilaterally by the end of the summer.
Tags: Attorney General Eric Holder, Congress, executive action, immigration reform, John Boehner, President Obama, Republicans

Categories: Attorney General Eric Holder, Congress, executive action, immigration reform, John Boehner, President Obama, Republicans

Joint I-751 Approved for Riverside Couple; No Interview Requested

6/23/2014

We received another I-751 Approval without an interview. We represented this couple in obtaining the husband’s marriage-based green card in 2011. Because the marriage was less than two years old at the time of the adjustment of status, he was issued a conditional permanent resident card with a two year expiration date. When it came time to petition for the removal of conditions, we represented them again.

We provided USCIS with substantial evidence to show their relationship was still viable and entered into in good faith. We provided over a hundred pages of evidence. After only a few months, we received the approval notice for the I-751. Unlike the adjustment of status process in which USCIS must conduct an interview with the married couple, the I-751 process does not require an interview. If the USCIS officer charged with reviewing the I-751 is satisfied that the evidence proves good faith marriage, the officer can waive the interview and approve the case. If the officer remains unconvinced, s/he can schedule an interview.

Over the last 18 months, all of our joint I-751 petitions have been granted without an interview. If your conditional permanent residency is expiring in the next six months, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will help you understand the process and assess how we can help you.

Categories: : adjustment of status, conditional permanent resident, good faith, green card, I-751, marriage

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

O-1 Visa Reissued by Consulate in Sydney After Client Loses Passport and Visa

6/3/2014

One of our clients lost his passport and O-1 visa a few months ago. The O-1 visa is reserved for aliens with an extraordinary ability in sciences, arts, business, athletics, education, motion picture and television. He originally obtained the O-1 based on his musical abilities and his work with well-known rock bands in Orange County. When he lost his passport and visa, he became unable to enter the US. We had him file a police report and apply for a new passport. Once he had the passport, we schedule him for a consular interview in Sydney, Australia. He provided all the evidence we originally filed for the O-1 along with an updated itinerary and proof that he was still touring with his band in the US. Everything went smoothly with the consular processing and he was issued the visa. He should be landing in the US within the next couple days.

If you are considering the O-1 visa process, contact Nelson & Nuñez to schedule a consultation. Nelson & Nuñez will personally meet with you and help you better understand the standard of proof for the O-1 visa and whether your case is viable and worth pursuing.

Categories: artist, extraordinary ability, immigration attorney, lost passport, lost visa, musician, O-1 visa

F2A Family Sponsored Immigrant Visas Regress Even Further for June 2014 Visa Bulletin

6/1/2014

The family sponsored second preference (F2A) category regressed even further in the upcoming visa bulletin for June 2014. The F2A category includes the spouses and children of lawful permanent residents. In September 2013, the F2A category became current, meaning there was no wait time between filing an I-130 and filing for adjustment of status. Many spouses of lawful permanent residents rushed to file I-130 visa petitions concurrently with I-485 applications.

In the new visa bulletin the F2A category will further retrogress to May 2012. For those that filed their I-130 and I-485, this means they will need to wait much longer until the green card will be ready for processing; however, they will be able to renew work authorization until the priority date becomes current (in most cases).

If you are married to a US citizen or lawful permanent resident, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you and help you better understand the process, fees and any complicating issues.

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

FOIA Reveals USCIS Training Materials on Adjudication I-601A Unlawful Presence Waivers

5/22/2014

Chamber of Commerce Blasts GOP Over Immigration Reform Inaction

5/15/2014

The GOP shouldn’t even field a presidential candidate in 2016 unless Congress passes immigration reform this year, U.S. Chamber of Commerce President Tom Donohue said Monday.

“If the Republicans don’t do it, they shouldn’t bother to run a candidate in 2016,” Donohue joked at an event on infrastructure investment in D.C. “Think about that. Think about who the voters are. I just did that to get everybody’s attention.”

Republicans have focused on an immigration overhaul as a way to woo Hispanic voters, who have increasingly drifted to Democrats over the past two election cycles. Growing Hispanic populations in Nevada, Texas and elsewhere could make those states more amenable to Democrats in the future.

Donohue, whose group has spent months pushing House Republicans to support immigration legislation, was speaking about what he thought a dysfunctional Congress could still get done in 2014.

Read more: http://www.politico.com/story/2014/05/chamber-of-commerce-2016-election-immigration-106577.html#ixzz31iN0zXog

Naturalization Approved After Three Years of Permanent Residency for Irvine Client

5/14/2014

We recently received an approval for one of our naturalization clients from Irvine. We represented her in adjusting her status to green card holder based on being the victim of domestic violence. Normally, lawful permanent residents must wait five years from the start of permanent resident status before they can file the N-400 application for naturalization. However, green card holders that obtain permanent resident status based on domestic violence victimization under the Violence Against Women Act are eligible to naturalize after only three years.

We filed the N-400 earlier this year and interview was conducted in the Santa Ana USCIS office earlier this month. There was a slight delay after the interview because the officer had to transfer the VAWA file from the Vermont Service Center to make sure our client was eligible for naturalization.

The interview went smoothly other than the file transfer issue. My client is excited to take her oath of citizenship later this month. If you are considering the naturalization process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the process and what issues or problems might be expected.

Consular Processing Successful for Son of Green Card Holder; Immigrant Visa (Green Card) Approved

4/24/2014

The son of one of our Huntington Beach clients was approved for an immigrant visa this week. Two years ago we obtained a fiance visa and marriage-based green card for his mother. She came to the United States from Colombia and married her husband. She brought with her one of her sons from Colombia, but she did not bring her other son, who stayed with his father. After we obtained green cards for the mother and son that accompanied her, the mother discussed the other son’s future with the boy’s father. Ultimately, the parents agreed that the boy would have a better future if he moved to Orange County, California, so we started the immigrant visa process.

We filed an I-130 visa petition with the permanent resident mother as the petitioner. When the visa petition became current based on the Department of State visa bulletin, we began the consular processing in Colombia. The boy’s mother flew down to Colombia to make sure everything went smoothly with the medical exam and consular interview. Everything was approved, and we expect him to arrive in California in the next week or so.

If you are considering consular processing, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you during a confidential consultation to help you better understand the applicable immigration laws and what options are available to you.

Who is a Qualifying Relative for the I-601 Unlawful Presence Waiver

4/18/2014

Beginning in March 2013, the I-601A provisional waiver has helped many families avoid long separations from loved ones and obtain much-needed green cards for alien relatives. Under the old system of the I-601 extreme hardship waiver, and alien relative who entered the United States without inspection (illegally), would need to travel to his/her foreign country and apply for the waiver of unlawful presence while abroad. The wait time for a decision could last a few hours or many months, and during that time, the alien would stay outside the US and oftentimes separated from the family in the United States.

Under the I-601A unlawful presence waiver, the alien can apply for the waiver while in the United States. If the waiver is approved, the alien attends an interview in the foreign country and returns to the US within a week or so.

We have represented many I-601A clients over the last year, and I’ve met with several more that I determined we’re ineligible for the I601A. As is the case with many aspects of immigration law, rumors and inaccurate information circulate throughout immigrant communities, and one of the biggest misconceptions regards who can qualify as a qualifying relative for I-601A purposes.

To successfully apply for an I-601A unlawful presence waiver, the applicant must convince US Citizenship and Immigration Services (USCIS) that it would cause the alien’s qualifying relative extreme hardship if the alien is not permitted to live in the United States as a permanent resident. Under the I-601A provisions, a qualifying relative must be a spouse or parent of the alien seeking to obtain permanent residency. The qualifying relative must be a permanent resident (green card holder) or US citizen. Therefore, if alien has a US citizen son (over 21 years old) who wants to petition for the alien to obtain permanent residency, the alien cannot file an I-601A based on extreme hardship to the US citizen son. The alien would need to have a permanent resident or US citizen spouse or parent to act as the qualifying relative.

The rules for the I-601 waiver, which is filed at the consulate, has different rules for who qualifies as a qualifying relative. Under some circumstances a child may act as the qualifying relative. This subtle discrepancy is the likely cause of the confusion.

If you are considering an I-601A waiver and want an experienced immigration attorney to assess your case’s viability, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you during a confidential appointment and help you better understand the process, your options, and likely chances for success.

Categories: : california, ciudad juarez, extreme hardship, I-601A, immigration lawyer, Orange County, provisional waiver, The Nunez Firm, unlawful presence, waiver

Deferred Action (DACA) Approved for Santa Ana Client; Next Step Filing for Advance Parole

4/10/2014

We just received an approval for one of our DACA clients in Santa Ana. We filed the case at the end of 2013, and we received the approval almost exactly three months later.

In order to be eligible for deferred action for childhood arrivals, the applicant must meet many requirements and be able to prove it. He must show he arrived in the US before he turned 16 years old. He has lived in the US continuously since June 15, 2007. He was in the United States on June 15, 2012. He graduated or is currently in high school or he has taken or is preparing to take the GED. He cannot have a significant criminal history either. There are several other baseline requirements that all DACA applicants must meet before deferred action will be approved by USCIS.

Our client arrived in the United States when he was nine years old, and we were able to prove his continuous presence since that time by providing school immunization records and other public school attendance records. We provided W2s and other tax documents to prove continuous presence for the last five years. We gave USCIS bank records to show he was in the United States on June 15, 2012.

Our client also received work authorization which will allow him to work legally in the United States for the next two years. We intend to file for advance parole so our client can visit his ailing grandfather in Mexico. He has not seen his grandfather for many years, and, unfortunately, the grandfather will likely pass away some time soon. DACA approved immigrants are eligible for advance parole in certain limited circumstances, and we hope that having a terminally ill grandparent will qualify.

If you are considering the Deferred Action for Childhood Arrivals process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the process and whether you have a viable case.

Categories: Advance Parole, DACA, Deferred Action, Deferred Action for Childhood Arrivals, immigration lawyer, Mexico, Santa Ana, USCIS, work authorization

Naturalization Approved for Irvine Client; Next: Petitioning for Parents in Mexico to Receive Immigrant Visas

4/7/2014

I recently attended a naturalization interview for an Irvine client. He had been a permanent resident for almost a decade when he decided to pursue naturalization. He came to me in late 2013 asking about the naturalization process. I explained that he was eligible for naturalization because he had been a permanent resident for over five years and he had no moral character issues during the last five years. He told me he wanted to naturalize so he could petition for his parents who still lived in South America. They had retired and he hoped to have them move to the US so they could help take care of my client’s young children.

We helped him gather the necessary documents in order to naturalize. We prepared all the forms and evidence and filed the case in December 2013. Everything processed smoothly without any delays or requests for evidence. The interview was scheduled about four months after we filed the N-400. The interview went forward in the Santa Ana office of USCIS. the officer was new, and I had never worked with her before. She conducted a relaxed and efficient interview and we were well prepared with all the necessary documents. My client passed the naturalization exams including the civics, reading and writing tests. The total time for the interview as just over a half hour.

We anticipate receiving the oath ceremony notice within the next few weeks. Once my client takes the naturalization oath, we will file I-130 visa petitions for his mother and father. We have already started putting together the necessary evidence and information so we are ready to file as soon as we have proof of my client’s US citizen status. I expect the total processing time for the I-130 visa petitions and consular interview will be around 8 months. Hopefully, his parents can arrive in the US before the end of the year.

If you are considering the naturalization process or want to petition for your parents to become permanent residents, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the process, what to expect and which options are best for you.

Categories: : I-130, immigration lawyer, interview, Irvine, N-400, naturalization, parent of US citizen, parents, Santa Ana, USCIS, visa petition

I-485 Adjustment to Permanent Resident Approved for Newport Beach Client Based on Marriage

3/31/2014

I just attended an adjustment of status interview at the Santa Ana office of USCIS. Everything went smoothly and the conditional permanent resident green card was approved at the interview.

My client, who originally met her husband in 2011, came to the United States on a J-1 visa in 2007. She met her future husband through an online dating website in 2007 and the couple started dating shortly thereafter. About a year after they started dating, they moved into his house in Newport Beach. One year later, they married after he naturalized and became a US citizen.

When we filed for adjustment of status we concurrently filed the I-130 visa petition. We included evidence of their good faith marriage such as joint bank account statements, travel itineraries, joint car insurance, health insurance, utility bills, cards from family members, and many photos of the couple with family and friends. We provided over a hundred pages of evidence to support the case.

The USCIS officer, with whom I had worked before, was polite and professional as she conducted the interview. She asked how the couple met, when they started dating and how they came to get married. I had prepared my clients well for the interview so they knew what to expect. They answered the questions openly and honestly, and the total interview time was about 30-45 minutes.

After the officer informed us that she was approving the case, we asked if my client could receive a temporary I-551 stamp in her passport to prove her lawful permanent resident status. My clients have a wedding reception planned in South America in two weeks; however, the conditional green card won’t arrive for another 2-4 weeks. The USCIS officer provided us with a referral so my client could receive the temporary stamp that will prove to Customs and Border Protection that she is a lawful permanent resident when she re-enters the US after her trip.

The clients were very pleased with the outcome and how smoothly the process worked out. I advised them that because their marriage is less than two years old, she will receive a conditional green card valid for two years. I advised that they will need to file the I-751 petition to remove conditions on permanent residency in approximately one year and nine months. I further advised that she will be eligible to naturalize in three years.

If you are married to a US citizen and considering the marriage based adjustment of status process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you during a confidential consultation to help you better understand the options and which path will work best for you.

Categories: adjustment of status, conditional resident, good faith marriage, green card, I-130, I-485, I-751, immigration lawyer, Newport Beach, Santa Ana, USCIS, visa petition