Immigration Attorney

Almost a quarter of the U.S. foreign-born population – over ten million people – resides in California. If you are an immigrant to the U.S., you will know from personal experience that every one of these ten million people has traveled a journey marked by courage, sacrifice and struggle. Unfortunately, many immigrants face legal challenges along the way to accessing the protections and opportunities that the U.S. offers.

At Real Deal Attorneys, our lawyer locator service aims to help you access reputable, high-quality immigration law advice, regardless of the immigration issue you are facing. With an experienced immigration attorney by your side, you will be giving yourself the best chance of lawfully cementing your presence in the U.S.

Citizenship And Naturalization

‘Naturalization’ is the process by which a person who has been lawfully and permanently a resident in the U.S. for a certain number of years is granted citizenship. You will need to meet certain requirements depending on your circumstances, but generally, naturalization is available to a person who:

• has been lawfully resident in the US for five years or more;
• is married to a U.S. citizen and has been a lawful permanent resident of the U.S. for three years;
• is the foreign-born child of a U.S. citizen; or
• has served in the U.S. military.

When your chance to apply for U.S. citizenship finally arrives, you want to be sure that your application has been meticulously prepared. A qualified immigration attorney will advise you on your prospects of obtaining citizenship, diligently prepare your paperwork, and liaise with U.S. authorities on your behalf. There are also several exceptions and accommodations in naturalization legislation which you may qualify for depending on your circumstances. Seeking the assistance of an immigration lawyer will allow you to explore your options thoroughly and give you the best chance of success in your application.

Family Petitions

American citizens may petition for their loved ones to be granted a Green Card, fiancé visa or K-3/K-4 visa depending on the nature of the relationship. If you have recently been naturalized and wish for your family to join you, your first port of call should be to speak to a qualified immigration attorney. The administrative and legal requirements for a successful family petition can be daunting and confusing for someone not familiar with immigration law. Hiring a lawyer who has experience in handling family petitions will put you and your loved ones in a much better position to make a strong application.

Asylum, DACA and Temporary Protected Status

Asylum status is available to individuals who are fleeing persecution in their home countries on the basis of race, religion, political opinion, nationality or certain other grounds. You may apply for asylum if you are at a port of entry to the U.S., or within one year of arriving in the U.S., unless certain exceptions apply. After you have been present in the U.S. for one year as an asylee, you may be eligible to apply for a Green Card. Immigrants of certain countries are also eligible to apply for Temporary Protected Status (TPS), which is designed to protect individuals from deportation when there are conditions of civil war, environmental disaster or similarly extreme circumstances in their home countries. TPS is not a path to lawful permanent residence, but those with TPS may still apply for an adjustment of their status (e.g. to non-immigrant or asylum seeker) if they meet certain criteria.

Further, under the Deferred Action for Childhood Arrivals (DACA) policy, people who arrived in the U.S. as undocumented migrant children and who completed high school here are eligible to apply for DACA status. DACA status, which lasts for two years, allows you to work, protects you from deportation, and includes several other benefits. The immigration laws regulating asylum, TPS and DACA status are complicated and can be difficult to understand. The requirements for each type of status are very specific, and to meet them you will need to have an experienced immigration attorney helping you to prepare your application and supporting evidence.

Legislative Protections For Immigrants

Certain federal and state laws have been put in place specifically to protect vulnerable immigrants. For example, the Violence Against Women Act (VAWA) creates a special route to citizenship for non-citizens who have been the victims of domestic violence. In California, the state legislature has created the U-Visa, available to immigrants who have been the victims of certain serious crimes and who have assisted the police, detectives or prosecutors in the investigation process. There are also several anti-discrimination laws that protect you from discrimination on the basis of nationality, ethnicity, language and race.

Should you be the victim of discrimination, or think that you meet the criteria for a U-Visa or VAWA-based citizenship, you should urgently seek the assistance of an immigration attorney. They will advise you on the legal protections available to you, prepare your applications and provide compassionate support during this stressful period.

Deportation Defense

Deportation proceedings may only be initiated by U.S. Immigration and Customs Enforcement (ICE). If you or a loved one are facing deportation, you should consult with an immigration attorney as soon as possible. The immigration laws regulating deportation are complex and constantly changing, which makes having reliable legal representation a must. An immigration attorney will help you to understand the case against you, will advise you on the defenses available, and will diligently prepare your submissions to the immigration court and monitor your case. They will also ensure that your rights to a procedurally and substantively fair immigration hearing are upheld.

Remember, if you are worried that you will be subject to an ICE raid or stopped by an immigration officer, the best thing you can do to prepare is know your rights as an immigrant. An ICE officer may not search you without a warrant, and you have the right to remain silent and refuse to answer questions without your attorney being present. And, if you do receive a Notice to Appear before an immigration court from ICE, the sooner you contact a reputable immigration lawyer, the better your prospects of resisting deportation will be.