Immigration Lawyer in Newport Beach, CA. Your Newport Beach, CA, immigration lawyer needs to be reliable, trustworthy, and experienced. Whether you're seeking a work visa, applying for citizenship, petitioning for a fiancé, spouse, or family member, or defending against deportation, expert legal help will maximize your chances of a positive outcome.
It's important to have the right person by your side when you're going through these situations. Don't settle for less than an experienced team of attorneys who will stand by you 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 help you today. Call us anytime at (800) 755-5174 or use our online contact form to set up a no strings attached case review.
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What Your Newport Beach, CA, Immigration Lawyer Will Do For You
Even though there are some immigration procedures you can technically do on your own, it's always a good idea to check with your Newport Beach, CA, immigration lawyer before you start. They can make a big difference in your case. Your immigration attorney will give you insights into common mistakes people make and keep you informed on what to expect from your case.
Another reason to work with an immigration attorney in Newport Beach, CA, is because immigration law is often changing. With the ever-changing legal landscape, it's essential to pick an experienced attorney who can make the situation easier to understand.
Finally, if you're facing deportation, your attorney can help you build a defense that guards your legal status against prosecution.
What Makes Immigration in Newport Beach, CA, Difficult?
Getting into the United States requires immigrants to overcome several legal challenges. And afterward, becoming a U.S. citizen can be its own challenge. For a variety of reasons, thousands of green card applications are rejected each year.
On your own, you could be facing:
- Complicated, overlapping eligibility requirements
- Complex and unintuitive paperwork
- Barriers to healthcare access
- Conflicting national and state laws
- Overflowing courts and lengthy waits
Working with your Newport Beach, CA, immigration lawyer gives you a guide who can help you navigate these challenges and maximize your chances of a positive outcome.
Lawful Entry to the United States With Your Newport Beach, CA Immigration Lawyer
United States immigration law can be unclear and confusing. Cases aren't as simple as crossing the border or filling out a citizenship form. Fortunately, professional help can make a major difference: Wherever you are on the immigration pathway, your Newport Beach, CA, immigration lawyer will be there to guide you.
A common first step an immigration attorney can help with is when you 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 Newport Beach, CA, helps people who are not safe in their home country immigrate to the United States. If you are under attack 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., you'll be able to apply for lawful permanent resident status.
EB5 Visa Program (Commercial Investment)
The EB5 Visa Program was designed to introduce new jobs into the American economy through foreign investment. What that means is that many individuals can earn an immigration visa by creating a new business in the United States. In order to qualify, the business must come from an investment of at least $1,050,000 (or $800,000 if in a Targeted Employment Area) and create at least 10 new, full-time jobs for U.S. workers.
Waivers 601 & 601(a) (Family Hardship)
Waivers 601 and 601(a) exist to waive certain entry requirements for qualifying individuals. For one to apply to your case, you must have a qualifying relative who is suffering from a serious medical condition, has serious financial difficulties, or is experiencing another extreme hardship.
Waiver 601 is designed for people who were told they are not allowed to immigrate to the U.S. because of factors like health conditions, criminal record, and prior immigration fraud. Normally, this waiver is filed by someone currently outside the country. Waiver 601(a), meanwhile, is specifically for people have entered the U.S. without permission and are facing deportation. Your Newport Beach immigration attorney can help you present a case that shows your qualifying 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 Newport Beach, CA
Entering the U.S. likely isn't the end of your journey, and your Newport Beach, CA, immigration lawyer is still here to help. For many people, the next steps are earning your Green Card, then your U.S. citizenship. The Law Offices of David S. Chesley is dedicated to helping Newport Beach residents reach their immigration goals, whatever they are.
Adjustment of Status/Lawful Permanent Resident (Green Card)
It's common for United States immigrants to seek Adjustment of Status. If you qualify, you can be given lawful permanent resident status (a Green Card). The requirements vary depending on your circumstances – 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 can inform you on what options are most likely to work for you.
Citizenship Applications
A common end goal for immigrants is to apply for U.S. citizenship. Unfortunately, this process can be difficult, due to the many steps, fees, and complicated form processes involved. A U.S. citizenship lawyer can help give you insight in the process and verify your eligibility.
Before you can apply, 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 member of the U.S. 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.
If you have any questions on these requirements, call our offices now. Whatever your path to citizenship looks like, we are honored to be a part of it.
How Your Immigration Lawyer in Newport Beach, CA, Can Fight Against Removal
It's hard to imagine something more difficult than having the government attempt to remove you from the country. Whatever the circumstances, you do have ways to fight back. By filing a cancellation of removal, you can make a case before a judge to stop your deportation. And if you are given a negative ruling, we can file a motion to reopen/reconsider.
Cancellation of Removal 42(b) or 42(a)
If you're facing removal (or deportation) proceedings, you need to act quickly. Your Newport Beach, CA, immigration lawyer can file a cancellation of removal 42(b) or 42(a) procedure to stop the deportation and grant (or preserve) lawful permanent resident status.
42(b) applies to immigrants who already are in the United States but do not have a Green Card. Unfortunately, the United States government puts a cap on how many 42(b) allowances can be granted each year, and they are very competitive. For this procedure, 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. additionally, there are unlimited 42(a) slots available, making it a less competitive process. 42(a) applicants must fulfill the following requirements:
- 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
If you're still facing removal after a 42(a) or 42(b) application, don't give up hope. Your Newport Beach, CA, immigration lawyer can file a motion to reopen or a motion to reconsider, to challenge the result of the proceedings. 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 argues that an error was made in the previous decision, or that the applicable law has changed. By acting fast, you can get a second chance to fight against deportation.
Special Circumstances: How Your Immigration Attorney Can Help
There are times when the normal process for immigration doesn't apply. In particular, people who have been victimized by crime can take advantage of U.S. policies that aid in immigration. The Law Offices of David S. Chesley has experience helping with each of the following circumstances:
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
Getting a chance to stay in the U.S. can be life-changing for some people.
T Visas
A T Visa effectively gives someone lawful resident status in the United States for up to 4 years, if they were a victim of human trafficking. At the end of this time, qualifying T Visa holders can apply for lawful permanent resident status.
To qualify for a T Visa, you must match the criteria below:
- Be a victim of severe human trafficking
- Currently reside 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 works similarly to a T Visa, but is designed for a much wider type of crimes. It applies to anyone who has been a victim of abuse. If you are filing a U Visa, you will want an immigration lawyer in Newport Beach, CA, who can also help you file a criminal protective order.
Below are the U Visa eligibility requirements:
- You must have been victimized by a crime from an applicable list
- You must have suffered abuse in the process
- 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
What to Look for in an Immigration Lawyer in Newport Beach, CA
There are many Newport Beach, CA, immigration lawyers to choose from, but not all of them are right for your case. The list below goes over some of the most important factors to look for in your attorney:
- Experience helping people in your situation
- Knowledge of how to handle your needs
- A reputation for delivering for clients
- Bilingual communication skills
- Sympathy for clients
- Cultural sensitivity to your traditions
Your Newport Beach, CA, immigration lawyer from the Law Offices of David S. Chesley is someone with the experience and knowledge needed to help you with your case. We offer Spanish bilingual support and are aware of the cultural needs of our different clients. If you're an immigrant in a difficult legal situation in Newport Beach, CA, talk to one of our attorneys now at (800) 755-5174.
Criminal Defense Lawyer for Immigrants in Newport Beach, CA
Immigrants in Newport Beach face challenges outside of the immigration and naturalization process. If you've been accused of a crime, you could be facing major immigration consequences after a conviction. Your immigration lawyer in Newport Beach, CA, should also handle any criminal charges you're up against.
A criminal defense lawyer from the Law Offices of David S. Chesley is prepared to fight for your rights and protect your freedom. Our dedicated attorneys are prepared to protect immigrants against criminal charges for all of the following case types:
Whatever crime accusation you're facing, and whatever your situation is, we want to be on your side.
Post-Conviction Relief for Immigrants in Newport Beach, CA
Many people feel defeated after a criminal conviction, but you don't have to give up yet. Your Newport Beach, CA, immigration lawyer can also help you with post-conviction relief. Different cases require different types of support, but our attorneys help clients appeal decisions, file motions to vacate previous convictions, and more. By acting now, you can protect your immigration status from unnecessary side-effects.
Our Newport Beach, CA, Immigration Lawyers Will Stand By Your Side
Immigrants in Newport Beach have worked hard to build their lives, and deserve high-quality legal assistance. Whether you need help reuniting with family, earning your Green Card, appealing a court decision, or any other immigration services, our attorneys are ready to stand by your side.
Our firm can also assist you with the following legal services in Newport Beach, CA:
Start working with an immigration lawyer in Newport Beach, CA, right away by calling (800) 755-5174 or tell us about your case online. Whatever challenge you're facing, we are ready to fight alongside you.
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