Immigration Lawyer in Del Mar, CA. Your Del Mar, CA, immigration lawyer should be someone you can trust with your life – because, in a way, you're doing just that. Whether you're looking for assistance entering the United States, ready to become a citizen, petitioning for a fiancé, spouse, or family member, or defending against deportation, working with the right attorney is essential.
Get legal help, no matter what immigration situation you're going through. You want to work with an experienced team of attorneys who will guide you through the process and advocate for you. You need the Law Offices of David S. Chesley, Inc.
Our offices can assist with all the most common immigration matters, and are ready to review your case. Call us now at (800) 755-5174 or reach out online to set up a free, confidential consultation.
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Why You Need an Immigration Lawyer in Del Mar, CA
There is not a legal requirement to work with an immigration lawyer in Del Mar, CA, but doing so can have a significant impact on your case. Your immigration attorney will give you insights into common mistakes people make and give you time back to focus on the rest of your life, while they manage your case.
Another reason to work with an immigration attorney in Del Mar, CA, is because immigration law is often changing. With the ever-changing legal landscape, it's essential to have an expert who can explain the current situation to you.
Finally, if you're facing removal from the U.S., your attorney can help you build a defense that guards your legal status against prosecution.
Common Immigration Challenges in Del Mar, CA
Getting into the United States requires immigrants to overcome several legal challenges. And afterward, becoming a U.S. citizen can be its own challenge. Between paperwork, eligibility requirements, and other hurdles, thousands of green card applications are rejected each year.
If you try to handle this by yourself, you could be facing:
- Variable eligibility requirements
- Complex and unintuitive paperwork
- Restrictions on the number of visas available
- Conflicting national and state laws
- Months-long wait times while cases are pending
Working with your Del Mar, CA, immigration lawyer is a way to address these challenges and prepare yourself for the process.
How an Immigration Lawyer in Del Mar, CA Can Help You Get Into the United States
United States immigration law is difficult on its own, and can be even harder for non-native English speakers. Cases aren't as simple as walking into the country or filling out some simple paperwork. Fortunately, professional help can make a major difference: for any legal guidance you need, your Del Mar, CA, immigration lawyer will be there to guide you.
Your journey begins when you first apply to enter the United States. There are many paths to enter the U.S., but some of the ones we most frequently assist with are through asylum, family hardship, or commercial investment.
Asylum
An asylum immigration lawyer in Del Mar, CA, can help you avoid persecution in your home country through migration to the United States. If you have faced threats or violence because of your association with a social group, political opinion, religion, or other protected characteristic, we can aid you in your asylum application. Later, after spending some time in the U.S., our attorneys can help you apply for adjustment of status and earn your green card.
EB5 Visa Program (Commercial Investment)
The EB5 Visa Program helps foreign investors enter the U.S. by giving them a visa for investing enough money and creating enough jobs with that investment. In order to qualify, the business must meet the minimum investment requirement of $1,050,000 (or $800,000 if in a Targeted Employment Area) and create at least 10 full-time employment opportunities for U.S. workers.
Waivers 601 & 601(a) (Family Hardship)
Waivers 601 and 601(a) give potential immigrants who are ineligible another chance at entry. They can apply in situations where you have a qualifying relative who is suffering from harsh circumstances and extreme hardship.
Waiver 601 is designed for potential immigrants who were told they cannot immigrate to the U.S. for reasons such as health conditions, criminal record, and prior immigration fraud. It is typically filed from outside the U.S. Waiver 601(a), on the other hand, is specifically for people have entered the U.S. without permission and could be deported. An experienced immigration attorney will help you present a case that demonstrates hardship and maximizes your chances of getting into, or staying in, the U.S.
Becoming a Lawful Permanent Resident or U.S. Citizen With Help From an Immigration Attorney in Del Mar, CA
Your Del Mar, CA, immigration lawyer can help with more than just entry to the United States. If you want to apply for lawful permanent resident status, or to become a U.S. citizen, you can get professional help with that, too. The Law Offices of David S. Chesley wants to support Del Mar immigrants pursuing their goals, whatever they are.
Adjustment of Status/Lawful Permanent Resident (Green Card)
Adjustment of Status is a major step for many people who have immigrated to the U.S. If you qualify, you can be given lawful permanent resident status (a Green Card). The qualifications you need to meet change depending on your situation – for example, if you are are a religious worker, you must be entering the U.S. to work for a nonprofit religious organization. A local immigration attorney help you determine which path is most likely to work in your favor.
Citizenship Applications
After moving to the United States, many immigrants want to become U.S. citizens. Unfortunately, this can be a barrier for many, due to the many steps, fees, and complicated filings involved. A U.S. citizenship lawyer can help give you insight in the process and check your application for errors.
If you want to become a United States Citizen, you need to fulfill the following three requirements:
- Be at least 18 years old
- Be able to read, write, and speak basic English
- Be of good moral character
In addition, you must fall into one of the following four categories:
- Be a lawful permanent resident for five years
- Be married to a U.S. citizen and while being a Green Card holder for three years
- Be a current or former servicemember in the United States military
- Be a child of a U.S. citizen
- You can be under the age of 18 in this case, and the language requirements may be relaxed.
Contact us today to get help with your U.S. citizenship application. We are here to help you no matter where you are in the process.
How Your Immigration Lawyer in Del Mar, CA, Can Fight Against Deportation
If you're facing a deportation order, it's natural to be scared and upset. But we're ready to help you fight for your place in the U.S. By filing a cancellation of removal, you can make a case before a judge to stop your deportation. And if you don't receive the outcome you were hoping for, we can file a motion to reopen/reconsider.
Cancellation of Removal 42(b) or 42(a)
If you're facing removal (or deportation) proceedings, there isn't any time to waste. Your Del Mar, CA, immigration lawyer can file a cancellation of removal 42(b) or 42(a) procedure to let you stay in the country and grant (or preserve) lawful permanent resident status.
42(b) applies to immigrants who already live in the United States but do not have a Green Card. Unfortunately, there are a limited number of these slots available, and they are very competitive. To qualify, you must meet the following requirements:
- Live in the U.S. for 10 years, without major breaks
- Possess good moral character
- No disqualifying criminal convictions on your record
- Removal would cause extreme hardship to a qualifying family member
42(a) is similar, but is for people who already have their Green Cards. Also, there are unlimited 42(a) slots available, making it a less competitive process. To be eligible for this procedure, you must meet the following criteria:
- Green card for at least 5 years
- United States resident for at least 7 continuous years
- No aggravated felony convictions on your record
Motion to Reopen/Motion to Reconsider
Even if your 42(a) or 42(b) process doesn't work, this isn't your final option. Your Del Mar, CA, immigration lawyer can file a motion to reopen or a motion to reconsider, which can give you another chance to stay in the U.S. A motion to reopen makes sense when your circumstances have changed in a way that could change the court's decision. Meanwhile, a motion to reconsider can be filed if the previous judgement was legally incorrect, or if the applicable law has changed. By contacting an attorney right away, you get another opportunity to protect yourself from removal.
Special Circumstances: How Your Immigration Attorney Can Help
Not every immigration case follows the ordinary rules. Notably, people who are crime victims can take advantage of U.S. policies that aid in immigration. The Law Offices of David S. Chesley can help applicants with any of the below procedures:
Special Immigration Juvenile Status (SIJS)
The United States offers Special Immigration Juvenile Status (SIJS) to protect children who have been abused, abandoned, or neglected. Our immigration attorneys are prepared to argue for your special immigration status in court.
To qualify, you must:
- Be in the United States
- Be unmarried
- Be under 21
- Have an applicable juvenile court order
- Receive permission from the Department of Homeland Security
- Receive permission from the Department of Health and Human Services, if applicable
T Visas
A T Visa helps immigrants who are victims of human trafficking by giving them lawful status in the country for up to 4 years. The T Visa also provides a pathway for many immigrants to apply for a Green Card at the end of this time period.
To qualify for a T Visa, you must meet the following requirements:
- Be a victim of severe human trafficking
- Currently live in the United States
- Aid in law enforcement's investigation of the trafficking
- Be subject to extreme hardship if you were removed from the U.S.
- Meet regular admission requirements
U Visas
A U Visa is a lot like a T Visa, but is applicable for a broader range of people who have been victimized by crime. People who have suffered abuse (where the United States has jurisdiction) can apply for a U Visa. If you are filing a U Visa, it's important to work with an immigration lawyer in Del Mar, CA, who can also help you file a criminal protective order.
The main criteria to apply for a U Visa are:
- You must be a victim of a qualifying crime
- During the crime, you must have suffered abuse
- You are working or will work with the police to help them catch the abuser
- The crime broke U.S. law
- You must meet typical admission requirements
Top Del Mar, CA, Immigration Lawyer Qualities
When looking for the right Del Mar, CA, immigration lawyer, it's important to look for the right criteria. The list below goes over some of the most important factors to look for in your attorney:
- Experience with immigration law
- Knowledge of the process you're involved in
- A plan for how to help
- Bilingual communication skills
- Sympathy for your situation
- Reverence for your customs
Your Del Mar, CA, immigration lawyer from our firm is someone with the experience and knowledge needed to handle your case. We offer Spanish bilingual support and are respectful to our different clients' needs. If you're facing an immigration issue in Del Mar, call us today at (800) 755-5174.
Criminal Defense Lawyer for Immigrants in Del Mar, CA
For many people, it's not enough to work with an attorney who only focuses on immigration law. If you're up against criminal charges, there could be life-changing immigration consequences after a conviction. Your immigration lawyer in Del Mar, CA, should also handle any criminal charges you're up against.
A criminal defense lawyer from our firm is prepared to fight for your rights and protect your freedom. Our experienced attorneys are prepared to protect immigrants against criminal charges for all of the following case types:
Whatever you've been accused of, and whatever your immigration status is, we want to be on your side.
Post-Conviction Relief for Immigrants in Del Mar, CA
Many people feel defeated after a criminal conviction, but you don't have to give up yet. Your Del Mar, CA, immigration lawyer can also aid you with post-conviction relief. Each case's options are unique, but our attorneys help clients seal criminal records, file motions to vacate previous convictions, and more. When you act fast, you can defend yourself against far-reaching immigration consequences.
Get Help From Expert Del Mar, CA, Immigration Lawyers
Immigrants in Del Mar have worked hard to build their lives, and deserve high-quality legal assistance. Whether you need help reuniting with family, applying for a work visa, reopening your case, or any similar legal help, our attorneys will guide you and fight for you.
The Law Offices of David S. Chesley also offers the following legal services in Del Mar, CA:
Talk to an immigration lawyer in Del Mar, CA, now by calling us at (800) 755-5174 or send us a message online. Whatever challenge you're facing, we are ready to fight alongside you.
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