Immigration Lawyer in San Diego, CA. Your San Diego, CA, immigration lawyer should be someone that has intimate knowledge of U.S. immigration law, not someone without experience. Whether you're looking for assistance entering the United States, preparing for a citizenship application, petitioning for a fiancé, spouse, or family member, or defending against deportation, expert legal help will maximize your chances of a positive outcome.
Get legal help, no matter what immigration situation you're going through. You want to work with an experienced team of attorneys who will treat you with compassion 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 talk to you. Call us now at (800) 755-5174 or send us a message online to set up a free case review.
Hablamos español. Llame ahora al (800) 755-5174.
What Your San Diego, CA, Immigration Lawyer Will Do For You
There is not a legal requirement to work with an immigration lawyer in San Diego, 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.
With diverse political ideologies in the United States, there are frequent updates and changes to immigration law. When trying to understand the current laws, it's important to have an expert who can explain the current situation to you.
Additionally, if you're facing removal proceedings, your attorney will help you explore avenues to keep you in the country.
Common Immigration Challenges in San Diego, CA
It's difficult for prospective immigrants to enter the country. 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.
If you try to handle this by yourself, you could be facing:
- Complicated, overlapping eligibility requirements
- Complex paperwork and forms
- Barriers to healthcare access
- Conflicting national and state laws
- Overflowing courts and lengthy waits
Talking to your San Diego, CA, immigration lawyer puts you in a positive position and maximizes your chances of a successful outcome.
Lawful Entry to the United States With Your San Diego, CA Immigration Lawyer
United States immigration law can be unclear and confusing. Cases aren't as simple as walking through the border or filling out some simple paperwork. Fortunately, you can have someone at your side to help: From the moment you first enter the country to filling out your citizenship application, your San Diego, CA, immigration lawyer can explain and guide you through the process.
A common first step an immigration attorney can help with is when you apply for entry to the United States. There are many paths to enter the U.S., but three paths that often benefit from legal assistance are through asylum, family hardship, or commercial investment.
Asylum
An asylum immigration lawyer in San Diego, 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, nationality, religion, or other protected characteristic, we can help you find protection through asylum. Later, after spending some time in the U.S., we can also help you apply for 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 new, full-time jobs 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 extreme hardship.
Waiver 601 applies to individuals who were told they cannot immigrate to the U.S. for reasons such as health conditions, criminal record, and prior immigration fraud. Normally, this waiver is filed by someone currently outside the country. Waiver 601(a), on the other hand, is specifically for people have entered the U.S. without permission and could be deported. Your San Diego 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 San Diego, CA
An immigration lawyer is here to advise you after you're in the United States, as well. Applying for lawful permanent resident status or citizenship is a major goal for many American immigrants. The Law Offices of David S. Chesley wants to support San Diego immigrants pursuing their goals, whatever they are.
Adjustment of Status/Lawful Permanent Resident (Green Card)
Applying for Adjustment of Status is a big deal for many American immigrants. If you qualify, you can be given lawful permanent resident status (a Green Card). The qualifications you need to meet change depending on your circumstances – for example, if you are applying through immediate family, you must be the spouse, child, or parent of a U.S. citizen, with certain age restrictions. 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 documentation involved. A U.S. citizenship lawyer can help navigate the challenges and verify your eligibility.
Before becoming a U.S. 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 Green Card holder 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
- For children of U.S. citizens, you don't need to be over 18, and the English language requirements may be scaled down.
Contact us today to get help with your U.S. citizenship application. Whatever your path to citizenship looks like, we are honored to be a part of it.
How Your Immigration Lawyer in San Diego, CA, Can Fight Against Deportation
If you're facing a deportation order, it's natural to be scared and upset. 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 don't get the result you want, we can file a motion to reopen/reconsider.
Cancellation of Removal 42(b) or 42(a)
If you're facing removal (or deportation) proceedings, it's important to act fast. Your San Diego, CA, immigration lawyer can file a cancellation of removal 42(b) or 42(a) procedure to keep you in the United States and grant (or preserve) lawful permanent resident status.
42(b) applies to immigrants who already are in the United States but are not lawful permanent residents. Unfortunately, these cancellations are not unlimited, and they are very competitive. To qualify, you must meet the following requirements:
- 10 years of continually residing in the United States
- 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. Below are the requirements you must meet for 42(a):
- 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, this isn't your final option. Your San Diego, 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 the law has been updated. By acting fast, you can get a second chance to fight against deportation.
Special Circumstances: How Your Immigration Attorney Can Help
Sometimes, immigration cases take place in abnormal circumstances. In particular, people who are crime victims are given special treatment that can help with the immigration process. The Law Offices of David S. Chesley can help you with any of the below situations:
Special Immigration Juvenile Status (SIJS)
The United States offers Special Immigration Juvenile Status (SIJS) as a form of immigration relief for children who were victims of abuse, abandonment, or neglect. We will advocate for you and present your case 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 gives victims of human trafficking lawful resident status for up to 4 years. Additionally, once this time period is up, many T Visa holders can apply to become lawful permanent residents.
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
- Help the police investigate the trafficking operation
- 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 designed for a much wider type of crimes. People who have suffered abuse (where the United States has jurisdiction) can apply for a U Visa. If you are filing a U Visa, you will want an immigration lawyer in San Diego, 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
- During the crime, you must have suffered abuse
- You provide information that helps the law enforcement investigation
- The crime broke U.S. law
- You must meet typical admission requirements
What to Look for in an Immigration Lawyer in San Diego, CA
When looking for the right San Diego, CA, immigration lawyer, it's important to look for the right criteria. Here are the essential qualities you should look for when picking someone to work with:
- Experience helping people in your situation
- Knowledge of how to handle your needs
- A plan that's tailored for you
- Bilingual communication skills
- A client-centered attitude
- Reverence for your heritage
Your San Diego, CA, immigration lawyer from our firm is someone with the experience and knowledge needed to take on your case. We offer Spanish bilingual support and create a unique plan that is designed for you. If you're facing an immigration issue in San Diego, talk to one of our attorneys today at (800) 755-5174.
Criminal Defense Lawyer for Immigrants in San Diego, CA
Immigrants in San Diego face challenges outside of the immigration and naturalization process. If you've been accused of a crime, there could be serious immigration consequences with a conviction. Your immigration lawyer in San Diego, CA, should also be ready to fight against criminal accusations.
A criminal defense lawyer from the Law Offices of David S. Chesley is someone dedicated to finding the best outcome possible for you. Our seasoned attorneys are here to help you with whatever criminal charge you're facing, including:
Whatever you've been accused of, and whatever your situation is, we want to be on your side.
Post-Conviction Relief for Immigrants in San Diego, CA
Criminal accusations are difficult to handle. Criminal convictions can be even harder, but don't give up yet. Your San Diego, CA, immigration lawyer can also aid you with post-conviction relief. Each case's options are unique, but our attorneys help clients file appeals, earn certificates of rehabilitation, and more. By acting now, you can protect your immigration status from unnecessary side-effects.
Our San Diego, CA, Immigration Lawyers Will Stand By Your Side
Immigrants in San Diego have worked hard to build their lives, and deserve high-quality legal assistance. Whether you need help reuniting with family, becoming a lawful permanent resident, reopening your case, or any similar legal help, our attorneys will guide you and fight for you.
Our firm can also assist you with the following legal services in San Diego, CA:
- Sex Crimes Lawyer
- Drug Charges Lawyer
- Theft Lawyer
- Violent Crimes Lawyer
- DUI Lawyer
- Criminal Defense Lawyer
Connect with an immigration lawyer in San Diego, CA, now by calling us at (800) 755-5174 or send us a message online. No matter what kind of immigration legal service you need, you can call the Law Offices of David S. Chesley.
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