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Immigration Lawyer Santa Barbara, CA

Immigration Lawyer in Santa Barbara, CA. Your Santa Barbara, CA, immigration lawyer should be someone you can trust with your life – because, in a way, you're doing just that. Whether you're trying to reunite with a family member, ready to become a citizen, petitioning for a fiancé, spouse, or family member, or fighting in removal proceedings, you're facing life-changing circumstances.

Get legal help, no matter what immigration situation you're going through. You want to work with an experienced team of attorneys who will stand by you 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 talk to you. Call us today at (800) 755-5174 or tell us about your case online to set up a free, confidential consultation.

Hablamos español. Llame ahora al (800) 755-5174.


What Your Santa Barbara, 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 Santa Barbara, CA, immigration lawyer before you start. They can have a significant impact on your case. Your immigration attorney will help you avoid mistakes 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. With the ever-changing legal landscape, it's essential to find a lawyer who understands the law and can explain the requirements 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.


What Challenges Do Immigrants Face in Santa Barbara, CA?

Immigrants face a long road just to enter the United States. And afterward, it can be nearly as difficult to apply for citizenship. 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:

  • Complicated, overlapping 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 Santa Barbara, CA, immigration lawyer gives you a guide who can help you navigate these challenges and maximize your chances of a positive outcome.


How Your Santa Barbara, CA, Immigration Lawyer Helps You Enter the U.S.

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 a citizenship form. Fortunately, professional help can make a major difference: From the moment you first enter the country to filling out your citizenship application, your Santa Barbara, CA, immigration lawyer can offer you support.

For many people, the first step is to apply for entry to 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 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 race, nationality, religion, or other protected characteristic, we can aid you in your asylum application. After enough time has passed, you'll be able to apply for lawful permanent resident status.

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 come from an investment of at least $1,050,000 (or $800,000 if in a Targeted Employment Area) and create at least 10 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. 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 are not allowed to immigrate to the U.S. because of factors like 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 are facing deportation. 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

Your Santa Barbara, CA, immigration lawyer can help with more than just entry to the United States. 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 Santa Barbara 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 can inform you on what options are most likely to work for you.

Citizenship Applications

After moving to the United States, many immigrants want to become U.S. citizens. Unfortunately, this process can be difficult, due to the many steps, fees, and complicated registration involved. A U.S. citizenship lawyer can help guide you through 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:

  1. Be at least 18 years old
  2. Be able to read, write, and speak basic English
  3. Be of good moral character

In addition, you must fall into one of the following four categories:

  1. Be a Green Card holder for five years
  2. Be married to a U.S. citizen and while being a Green Card holder for three years
  3. Be a current or former member of the U.S. military
  4. Be a child of a U.S. citizen
    1. 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. We offer help for a variety of U.S. citizenship application circumstances in Santa Barbara.


How Your Immigration Lawyer in Santa Barbara, CA, Can Fight Against Deportation

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 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, there isn't any time to waste. Your Santa Barbara, 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 presently reside in the United States but are not lawful permanent residents. 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. 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 is no limit on the number that the government can give out. 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, this isn't the end of the line. Your Santa Barbara, 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 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 the law has been updated. By contacting an attorney right away, you don't have to give up and accept the negative result.


Special Circumstances: How Your Immigration Attorney Can Help

Not every immigration case follows the ordinary rules. In particular, people who have been victimized by crime are given special treatment that can help with the immigration process. 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) as a form of immigration relief for children who were victims of abuse, abandonment, or neglect. Our attorneys can help you navigate the process and represent you before the 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. 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 are 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, it's important to work with 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
  • 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

Top Santa Barbara, CA, Immigration Lawyer Qualities

There are many Santa Barbara, 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 with immigration law
  • Knowledge of how to handle your needs
  • A reputation for delivering for clients
  • Bilingual communication skills
  • A client-centered attitude
  • Reverence for your customs

Your Santa Barbara, 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 are respectful to our different clients' needs. If you're facing an immigration issue in Santa Barbara, CA, call us today at (800) 755-5174.


Criminal Defense Lawyer for Immigrants in Santa Barbara, CA

Immigrants in Santa Barbara face challenges outside of the immigration and naturalization process. 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 going to be dedicated to protecting your freedom and wellbeing. Our experienced attorneys are prepared to protect immigrants against criminal charges for all of the following case types:

Whatever criminal charge you're up against, and whatever your situation is, we want to be on your side.

Post-Conviction Relief for Immigrants in Santa Barbara, CA

Many people feel defeated after a criminal conviction, but you don't have to give up yet. Your Santa Barbara, CA, immigration lawyer can also aid you with post-conviction relief. Different cases require different types of support, but our attorneys help clients file appeals, 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

Immigrants in Santa Barbara have worked hard to build their lives, and deserve high-quality legal assistance. Whether you need help navigating complicated paperwork, applying for asylum, appealing a court decision, or any similar legal help, our attorneys are ready to stand by your side.

Our firm can also assist you with the following legal services in Santa Barbara, CA:

Talk to an immigration lawyer in Santa Barbara, CA, right away by calling (800) 755-5174 or tell us how we can help you online. Whatever challenge you're facing, you can find an attorney at our firm to represent you.

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Recent Results

  • Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
  • Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico. Our client was the only defendant who received NO JAIL TIME!
  • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victim's mother DISMISSAL of all charges at preliminary hearing!
  • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
  • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

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