Immigration Lawyer in Santa Barbara, CA. Your Santa Barbara, CA, immigration lawyer needs to be reliable, trustworthy, and experienced. Whether you're trying to reunite with a family member, preparing for a citizenship application, petitioning for a fiancé, spouse, or family member, or defending against deportation, working with the right attorney is essential.
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 treat you properly and fight for your goals. 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 send us a message online to set up a free case review.
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The Importance of Working With an Immigration Lawyer in Santa Barbara, CA
There is not a legal requirement to work with an immigration lawyer in Santa Barbara, 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 keep you informed on what to expect from your case.
They can also help you navigate the ever-changing United States immigration law landscape. With the ever-changing legal landscape, it's important to have an expert who can explain the current situation to you.
Additionally, if you're facing removal from the U.S., your attorney will be someone to fight in your corner against deportation.
Legal and Related Problems Immigrants Face in Santa Barbara, 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. 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 up against:
- Difficult to understand eligibility requirements
- Complex and unintuitive paperwork
- An intense interview process
- Conflicting federal and state laws
- A backlog of immigration cases on the docket
Contacting your Santa Barbara, CA, immigration lawyer is a way to address these challenges and prepare yourself for the process.
How an Immigration Lawyer in Santa Barbara, 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: from the moment your first reach out until you've achieved your goals, your Santa Barbara, CA, immigration lawyer can explain and guide you through the process.
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 most common ones we help with are through asylum, family hardship, or commercial investment.
Asylum
An asylum immigration lawyer in Santa Barbara, CA, helps people who are not safe in their home country immigrate 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., 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 full-time employment opportunities for U.S. workers.
Waivers 601 & 601(a) (Family Hardship)
Waivers 601 and 601(a) exist to waive certain entry requirements for qualifying individuals. They can apply in situations where you have a qualifying relative who is suffering extreme hardship.
Waiver 601 is designed for individuals who were told they do not qualify 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 who are already in the United States unlawfully and could be removed from the country. 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 Santa Barbara, CA
Entering the U.S. likely isn't the end of your journey, and your Santa Barbara, 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 Santa Barbara 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. It allows you to become a lawful permanent resident, also known as earning your Green Card. The requirements change 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 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 challenge for many people, due to the many steps, fees, and complicated document requirements involved. A U.S. citizenship lawyer can help guide you through the process and verify your eligibility.
Before you can apply, you need to fulfill the following criteria:
- 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.
If you're not sure whether or not you're eligible, or need help determining how to qualify, contact our offices today. We are here to help you no matter where you are in the process.
How Your Immigration Lawyer in Santa Barbara, CA, Can Fight Against Removal
One of the most stressful things you can experience as an immigrant is a deportation order. But we're ready to help you fight for your place in the U.S. By filing a cancellation of removal, you can force the state to fight you in court, where we can defend you. 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, don't wait and let the proceedings pass by without a fight. Your Santa Barbara, 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 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 many people apply for them. 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. Also, there is no limit on the number that the government can give out. To be eligible for this procedure, you must meet the following criteria:
- Green card for at least 5 years
- Live in the U.S. for 7 straight years
- No aggravated felony convictions on your record
Motion to Reopen/Motion to Reconsider
If your cancellation of removal application is rejected, this isn't your final option. Your Santa Barbara, CA, immigration lawyer can file a motion to reopen or a motion to reconsider, which can still keep you in the country. A motion to reopen is applicable if you have found new evidence that could persuade a judge to keep you in the United States. Meanwhile, a motion to reconsider is best used if there was an error in the court proceedings, or if the applicable law has changed. By contacting an attorney right away, 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 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
Getting a chance to stay in the U.S. can be life-changing for some people.
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 match the criteria below:
- 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 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 should look for an immigration lawyer in Santa Barbara, 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 violated a U.S. law
- You must meet typical admission requirements
How to Find the Right Santa Barbara, CA Immigration Lawyer
There's a lot to consider when deciding on the right Santa Barbara, CA, immigration lawyer for your case. Here are the essential qualities you should look for when picking someone to work with:
- Experience with similar cases
- Knowledge of the relevant laws
- A reputation for delivering for clients
- Bilingual communication skills
- Sympathy for clients
- Respect for your lifestyle
Your Santa Barbara, CA, immigration lawyer from our firm is someone who is ready to handle your case. We offer Spanish bilingual support and are aware of the cultural needs of our different clients. If you're facing an immigration issue in Santa Barbara, talk to one of our attorneys today at (800) 755-5174.
Santa Barbara, CA, Immigrant Criminal Defense Lawyer
For some people, immigration challenges don't stop when you earn your Green Card. If you're up against criminal charges, there could be serious immigration consequences with a conviction. Your immigration lawyer in Santa Barbara, CA, should also be ready to defend you in criminal court.
A criminal defense lawyer from our firm is someone dedicated to finding the best outcome possible for you. Our experienced attorneys will help you fight for justice in 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 Santa Barbara, CA
Criminal accusations are difficult to handle. Criminal convictions can be even harder, but don't give up yet. Your Santa Barbara, CA, immigration lawyer can also help you with post-conviction relief. Different cases require different types of support, but our attorneys help clients seal criminal records, earn certificates of rehabilitation, and more. When you act fast, you can defend yourself against far-reaching immigration consequences.
Get Help From Expert Santa Barbara, CA, Immigration Lawyers
At the Law Offices of David S. Chesley, we want to serve the immigrant community in Santa Barbara, CA. Whether you need help fighting a deportation order, earning your Green Card, appealing a court decision, or any similar legal help, our attorneys have the experience and expertise needed to guide you.
The Law Offices of David S. Chesley also offers the following legal services in Santa Barbara, CA:
Start working with an immigration lawyer in Santa Barbara, CA, right away by calling (800) 755-5174 or tell us about your case online. Whatever immigration legal situation you are in, we are ready to fight alongside you.
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