Orange County Immigration Attorney

The U.S. has a long, complex, and rich history of immigration, beginning from when the first generation of Native Americans arrived over the Bering land bridge. For years on end, people have moved to the U.S. to start new lives, raise their families, and create new traditions. Today, tens of thousands of new immigrants move to the country each year. They come to be with their loved ones, to work, or start a new chapter of life.

Immigrant visas may be put into two categories: those that are subject to numerical limitations and those that are not. Immigrant visas subject to numerical limitations are typically granted to individuals qualifying for employment-related, family, sponsored, or diverse immigrant visas. Conversely, visas not subject to numerical limitations are granted to resident aliens returning from a temporary visit outside of the U.S., former U.S citizens, and immediate relatives of U.S. citizens.

Many foreigners are deterred from coming to the U.S. due to the complexity and the ever-changing nature of immigration laws and regulations. However, having a seasoned attorney improves your chances of getting your immigration application right the first time. At Orange County Immigration Attorney, our primary objective is to make traveling to and living in the U.S. as smooth and speedy as it can be for foreigners and loved ones. Our legal team is here to help you with the seemingly confusing immigration process.

A “green card” or a permanent resident card refers to an identification card given to a person who has become a permanent U.S. resident. Also known as the I-551 card or alien registration card by the government, a United States Green Card is typically valid for 10 years and renewable for an unspecified period of time. A green card gives a person the freedom of living and working in the United States, but does not provide US citizenship. However, there are numerous ways through which one can obtain a US green card and become a permanent resident. We can help you get your green card in one of the following ways:

• Green card through family members- United States citizens and legal permanent residents can file a petition to bring a certain family member to live permanently in the US. This type of green card is primarily meant to promote family unity.
• Green card through an employer- The process of obtaining an employment-based green card begins with filing a labor certification with the Department of Labor. Green card based on asylum or refugee status- Asylees and refugees who entered the US generally qualify for permanent resident status after one year after the grant of the asylum for asylees, and one year living in the U.S. for refugees.

A green card can be denied if the applicant has a history of minor criminal convictions, serious health conditions, overstaying on a past visa, or job loss. Whether you’re seeking a green card yourself or you’d like to sponsor an employee or relative, the Orange County Immigration Attorneys can assist you with all of the legal aspects of the permanent residency application process. 

A foreign national may be eligible for asylum status if he/she fears persecution based on their religion, political beliefs, race, nationality, or membership in a specific social group. A decision made by the U.S. Attorney General in 2018 may complicate the asylum process, especially for persons who have suffered or fear persecution in the hands of private actors, such as abusive spouses or gangs. The new law asserts that the fear of persecution claimed by the asylum applicant must be subjectively and objectively reasonable, and the persecutor must be the government or a group of people that the government is unable or unwilling to control.

A person applying for asylum must do so within one year of the most recent arrival in the U.S. This can be done with the Immigration Judge for an asylum seeker who has been placed in removal proceedings. If an asylum seeker is in the U.S. and has not been placed in removal proceedings, he/she may file an application with the USCIS. However, the USCIS will place the applicant in removal proceedings if he/she is not in valid immigration status.

Securing asylum is no simple task as it necessitates significant effort, evidence, documentation, and legal arguments to prove eligibility for the protection requested. At Orange County Immigration Attorney, we work closely with the victims, their loved ones, law enforcement, medical providers, immigration authorities, and others, to make sure that any asylum request is comprehensive and detailed.

The Deferred Action for Childhood Arrivals (DACA) is a policy that allows individuals who moved to the U.S. when they were children to apply for deferred action regarding the deportation from the country. DACA offers deportation protection to individuals who are in the U.S. unlawfully and who don’t pose a threat to national security. Individuals who can demonstrate that they satisfy certain guidelines may apply for consideration of deferred action for childhood arrivals for a period of 2 years. If accepted into the DACA program, one is able to apply for work authorization cards, driver’s license, social security numbers, and attend schools of higher education. You may apply to be considered for DACA if:

• You were under 16 years when you first entered the U.S.;
• You entered the U.S. without inspection;
• You were under 31 years old as of June 15, 2012;
• You’ve continuously lived in the U.S. since June 15, 2007, until now;
• You’ve not been convicted of any serious misdemeanor or felony;
• You don’t pose a threat to national security;
• You were physically present in the U.S. when DACA was announced;
• You’re still in school, obtained GED, graduated high school, or are actively serving in or have been honorably discharged from the military

Applying for DACA is a lengthy and multifaceted process that can prove to be difficult to do on your own. It’s also important to understand that there’s a need for strong evidence in each of the qualifications listed above. Rather than attempt to do it alone, let the Orange County Immigration Attorney team help you. We can help you collect the necessary documents and understand what possible issues you may face during the DACA application process.

The harshest punishment one could suffer for violating the U.S. immigration laws and criminal laws is deportation from the country. Many non-citizens fail to understand that even a minor conviction or infraction, irrespective of when it happened, could trigger deportation or removal proceedings. There are numerous circumstances that can lead to deportation. In some cases, a criminal indictment can land you in police custody and result in a removal hearing. You may as well be accused of marriage fraud and be subjected to removal on those grounds.

Removal or deportation often puts an individual’s most important rights at stake. Such proceedings put your ability to live and work in the U.S. at jeopardy and also places limitations on your ability to come back to this country if deported. Removal Proceedings are one of the most difficult areas of immigration laws compounded with many rules to follow in order to protect you or the person in custody. Depending on the facts of your case, you may be eligible for deportation relief.

If you’re a noncitizen, consider retaining the services of an immigration attorney before accepting any plea agreements or pleading guilty. At Orange County Immigration Attorney, we have often found success where other lawyers have failed. Our goal is to obtain a termination or cancellation of the removal and deportation proceedings against you.

If your application for a United States immigration visa has been denied on the basis of a seemingly innocuous issue or a serious criminal record, you may want to consider consulting a lawyer about the possibility of obtaining a waiver of inadmissibility. Inadmissibility means that the applicant will not be allowed to enter the United States or become lawful permanent residents if they’re already in the U.S. Reasons for people to become inadmissible include criminal convictions, health issues, threat to security, illegal entrants and immigration violators, economic grounds, fraud or willful misinterpretation, moral grounds such as polygamy, and false claim of U.S. citizenship.

A waiver may be possible if the crime involves:

• A single conviction for possession of 30 grams or less of marijuana.
• Crimes such as prostitution, theft, or several immigration law violations.

Your waiver application must convince USCIS that the significance of your humanitarian and social greatly outweighs any possible concerns about national security or public safety. This requires a persuasive attorney who can present facts on your behalf and work with other professionals to strengthen your case. If you’re inadmissible to the U.S., we can review your case and help determine if you’re eligible for a waiver. If you are, we’ll help you seek a successful conclusion through the right waiver.

Individuals born to foreign parents outside of the United States must follow a path to naturalization in order to become U.S. Citizens. Obtaining Citizenship in the U.S. will entitle you to certain government benefits and assistance. Moreover, it offers you the rights, privileges, status, as well as duties afforded all U.S. Citizens. Once the naturalization process is complete, you’ll gain the rights of freedom to live and work anywhere in the U.S., the right to vote and run for public office, and the freedom to leave and enter the country at will. It opens many doors and opportunities.

The process of qualifying for citizenship differs greatly from qualifying for permanent residency or qualifying for a visa. Despite the fact that all these actions necessitate applications and paperwork, becoming a United States Citizen further encompasses knowing about the country’s history, being able to read and speak English, and demonstrating that you’ll be an upstanding and moral individual. You’re also required to have lived in the U.S. for 5 years as a lawful resident or 3 years if you’re married to a U.S. citizen.

Orange County Immigration Attorney is honored to help individuals through the process of becoming naturalized. We can assess your eligibility, help you complete the necessary documents, and handle complex naturalization cases which may constitute a basis for denial of citizenship.

The United States government uses immigration detention as a means of dealing with undocumented immigrants suspected or charged with immigration violations. When a loved one has been placed in detention, it creates a major problem of trying to discover where they’re being held, or the person’s whereabouts after being released. Typically, the government will detain an immigrant because he/she is considered a “flight risk” and may pose a public safety threat or may move to another area within the U.S. The Department of Homeland Security (DHS) can detain a person for several reasons including the person having committed a crime, missed prior immigration hearing dates, arrived at the border without a visa, or an outstanding removal order on record.

When a friend or loved is held in a facility, the most important thing may be to get him/her out. Immigration court proceedings for detained immigrants also move much more quickly so you’ll want to see the judge sooner rather than later. You can entrust this important defense to the experienced Orange County Immigration Attorney. We understand the economic and social devastation caused by detention and deportation. We can evaluate the case and determine eligibility for relief. We can also work with a criminal lawyer to attempt to vacate convictions associated with the arrest.

Non-immigrant visas are generally for purposes of temporary stays in the United States. Individuals from around the world may seek a non-immigrant visa if they want to explore the U.S. or are visiting family. Temporary visas are also available to corporations, employees, colleges, universities, students, athletes, diplomats, entertainers, technicians, and professionals who have no immigrant intent but would want to be in the U.S. for a limited period of time. The selection of non-immigrant visas includes H visas for employment, B-1/B-2 for visitors, F Visas for students, C-1/D Visas for crewmen, and J visas for exchange visitors. Each visa category has its own requirements and application process.

Regardless of what visa category you seek, it’s important to ensure that all documents are correctly completed and that there are no concerns of missing documents during the consular interview. What’s more, when applying for a non-immigration visa, your first chance is usually your only chance. Do not try it alone. We can review your documents and help you know what is expected.

Foreign nationals living in the U.S. cannot work unless they’ve obtained permission based on the terms of the visa or have distinctly applied for, qualified for, and obtained a work permit. Also called an Employment Authorization Document (EAD), a work permit, refers to a photo identity card issued by the USCIS. When employing a new employee, all U.S. employers must request proof of their immigration status or their right to work. Any employer in violation of this faces sanctions. All green card holders automatically obtain permission to work in the U.S. and only show their green card to the respective employer. Immigrants who become United States Citizens can work, and they will need to show their employers their naturalization certificates or U.S. passport. Foreigners who get work-based visas sponsored by U.S. employers are also qualified to work in the US.

We can help you with the permit application to ensure that you do everything right the first time so you can get work as soon as possible.

Dealing with the USCIS and the U.S. Department of Homeland security can be a confusing and slow process particularly drawn out by limited visa availability, USCIS errors, and backlog delays. Once you obtain legal status in the U.S., you should commence the process of bringing your family members together. Any unnecessary delays could cost you the right to certain types of visas for your loved ones or prolong the time they have to wait to immigrate to the United States. You’ll basically be required to file Form I-130, Petition for Alien Relative. How long you’ll have to wait for the visa will depend on the preference category, the relationship with the family member, and the date you file.

Whether you’re seeking an adjustment of status, making temporary non-immigrant residency permanent, or attempting to consular process, you can trust the expertise of our seasoned immigration attorney to navigate through the complicated immigration law process.

There are numerous ways for foreign investors and entrepreneurs to receive visas in the United States. The majority of the visas issued to entrepreneurs and investors usually don’t have a pathway to permanent residency. We offer immigration services for businesses and investors in a range of legal matters, including:

• Investors and treaty traders E-1/E-2: Individuals and certain employees from countries that share a treaty of commerce with the U.S. may be eligible to the United States when making significant investments in the US business.
• EB-5 Immigrant Visa: This visa category requires an investment of $1 million in a commercial enterprise with the capacity of employing 10 full-time United States workers. The investor may invest in a pre-approved regional center, his/her commercial enterprise, or in a business owned by other parties.
• L-1 and EB1.3 Transfer Visa: These visas allow business and business people abroad to establish an enterprise in the U.S. and transfer investors, employees, entrepreneurs to the U.S.

Our immigration approaches serve entrepreneurs with a U.S. emerging growth company, start-up, or even expansion. We assure you an immigration process that is not only stress-free but also efficient.