D E F E N S E
C O N S U L A R
Navigating the U.S. State Department Consular Processing is a bureaucratic maze of procedure and timelines. The National Visa Center plays a vital role in preparing consular officials abroad with your Visa once it is approved and available.
We walk our clients through this maze and have assisted clients in over 21 embassies and US Consulates abroad with their visa applications.
There are many grounds of Inadmissibility under the Immigration Nationality Act, which are applied by the interviewing officer, and prevent many people
from entering the United States, even though they won an approved Immigration Petition via a family member or sponsoring employer.
A thorough analysis is required to save valuable time and heartache to know before-hand which type of waiver may be available, clearing the way for entrance into the United States.
Examples: convictions of prior crimes, prior illegal entries into the United States, living in the U.S. out of status on a prior visa, living in the U.S. with no legal status, etc.
C O N S U L A R
P R O C E S S I N G
L I S T O F
S E R V I C E S
I-9 Audits for Businesses
Citizenship and Naturalization
Child Status Protection Act (CSPA) Issues
J-1 Visa Waivers
Waivers of Inadmissibility
Non-Immigrant Visa Waivers
National Interest Waiver
Permissions to Apply for Reentry
Motions to Reopen/Reconsider
Requests for Humanitarian Reinstatement
E Investor Visas
Temporary Visitor Visas
Removing the Conditions on Residence
VAWA (Violence Against Women Act)
Inter-company Transfer Visas
P visas — Athletes, artists and entertainment groups
O visas — Extraordinary ability in the
Sciences, Arts, Business, Athletics and Education
R visas — Religious visas
I visas — Media
F and M — Students
J visas — Exchange Visitor Program
K visas — Fiancé(e)
The Executive Office for Immigration Review (EOIR), is an agency within the United States Department of Justice, and presides over immigration courts.
The U.S. government is represented in deportation proceedings by attorneys, and most individuals caught in the system go unrepresented.
Unlike criminal proceedings, there is no right to counsel in deportation proceedings. We offer exhaustive deportation defense for our clients nationwide.
If you or a loved one is dealing with a pending deportation, contact us at 866-580-4203.
Types of immigration attorney services
Learn about the situations in which you will need the support of an immigration attorney in California.
Are you looking for a reliable immigration attorney in Sacramento or Stockton - California? The United States is a great country, for that reason many people enter in order to achieve a better quality of life.
Its legal framework offers multiple options for the entry of foreigners to the country, although some choose routes that violate the norms and, for this reason, require legal assistance in the face of the imminent possibility of deportation.
There are many situations in which you will need to hire an immigration lawyer, if you are looking to acquire or remain under legal status within the country to develop a full life with the fewest setbacks.
So this time we will tell you in which situations you should hire an immigration lawyer, whether or not the beneficiary lives in the state of California.
Arrest or detention at the border or ports for immigration reasons.
This is one of the cases that has shown a notable increase in recent months within the United States. According to the BBC, about 1.7 million arrests were made on the Mexican border between September 2020 and the same month in 2021.
Of this conglomerate, more than 1 million have been expelled from the country. Each case requires a thorough evaluation and expertise to prevent the migrant from being deported.
And it is that a person who is detained in these circumstances does not have the same benefits or protections as another whose arrest occurs while within the country. Faced with this eventuality, the first thing you should do is ask to speak to a lawyer and remain silent.
Immigration agents will act to get you to agree to voluntary departure from the country, but if you do, you will not get access to a court hearing. Therefore, your deportation will be imminent and consequently you may not be able to re-enter this country again or it will affect the future obtaining of your legal immigration status.
In this situation, you should know that you have the right to call a family member or a lawyer. Make use of this right and put yourself in the best hands.
Asylum or Refuge
The legal framework of the United States provides protections for people who are persecuted within their countries for reasons of race, religion, nationality, belonging to a social group or for political reasons. According to CNN, during 2019 more than 46,000 people were admitted as asylees and more than 29,000 as refugees.
A refugee is a person who is in his country and needs to leave urgently in the face of a proven situation of persecution for the aforementioned reasons, both for himself and for his family.
While an asylee is a person who is already within the United States or in an air or sea port, as well as at a land border of the country and requests this quality.
However, this is not easy to check and there are many things to consider, for example:
Citizens of some countries have a greater humanitarian concern for the United States than others.
There are specific periods in which the possibility of admitting refugee applications opens.
Asylees must attend an interview where they can be represented by a lawyer.
As well as these, many other aspects you need to consider so as not to be harmed in the process.
TPS or Temporary Protected Status
It is a status granted by the United States Government to immigrants from a particular country. Countries such as Venezuela, Burma, Yemen, El Salvador and Somalia, among others, enjoy this protection.
To qualify for this condition, it is necessary that you are physically within the United States in addition to meeting other requirements. You can make the grant request in the corresponding period or submit a late request and, in the event that it is denied, a motion or appeal is feasible.
But, in any case, a licensed immigration attorney can advise you on how to submit your TPS application so that it is approved as soon as possible and you continue to develop a calm and better life within the United States.
Consideration of Deferred Action for Childhood Arrivals (DACA)
This is a type of temporary protection that is granted to those people who are facing the possibility of deportation but who managed to enter the United States when they were still children.
Deferred action prevents the deportation of a person in a period of two years and not only can it be renewed, but it is also possible to work in that period if you show that you have the need.
In no case, the fact that this consideration is granted will provide you legal status in the country. There are several requirements that you must meet to achieve this deferred action, since you must verify your identity, the age at which you entered the United States, your immigration status and much more.
Ideally, you should receive the advice of an immigration attorney, because improper management will trigger an unwanted deportation.
Deferred Enforced Departure (DED)
This is an action that can currently be brought by citizens of Liberia, Hong Kong and Venezuela. Due to the fact that it is granted in a discretionary manner by the president of the nation, each executive decision of this nature has its peculiarities that must be taken care of to take advantage of its benefit.
When you protect yourself under this rule, you prevent your deportation for a set time. It is necessary to evaluate if your country of origin plans to use this protection, to grant a work permit as well as to travel outside the country, if required.
This is one reason why it is possible to enter the United States legally and for which there are a good number of programs. Hence the relevance of the case being studied, as it is necessary to determine the way that allows your application to be approved promptly.
It is feasible only for American citizens or people who have permanent residence, with some differences in rights between them regarding the eligibility of their affections.
Motions and Appeals
When a United States body, such as USCIS, issues a decision that is unfavorable to you, you can request a motion or an appeal. The motion is for the same body to review the decision, while the appeal includes the above and escalates the request for review before a higher authority.
When the decision is unfavorable, the same document will indicate if you have the possibility to appeal the case. There are multiple avenues to try the appeal and the time to file it is only 30 days after the date of receipt of the decision and, in some cases, even less time.
You can also request motions to reopen your case or to consider that there was an incorrect application of the law. Motions must also be filed within 30 days of receipt of the decision.
Temporary Stay Permits (Parole)
These are permits issued directly by the United States Immigration Service (UCSIS). This route is feasible only to allow access to the country for a set period of time to those people who for any reason are not allowed to enter the country.
The reasons can be both humanitarian and in the interests of the United States. The common thing is that this permit does not exceed a year in terms of duration and loses its validity at the end of the period or at the moment in which the beneficiary leaves the country.
It requires having a sponsor within the country, requesting a work permit or demonstrating that you have sufficient resources to stay within the established period. It can also be requested for minors.
Pardon or Waiver
This is a way in which it is possible to obviate any condition that prevents the applicant from entering the United States. Through this immigration forgiveness you can get a visa, residence card or any other benefit of this nature.
Not all cases are eligible to apply for an immigration waiver. Some of the situations that are incompatible with the legality and principles of the United States are drug consumption or trafficking, belonging to a political party of a Nazi nature, being a genocidal, terrorist, spy or having an illegal presence in the country, among others. .
If you have any penalty that prevents you from entering the United States and you need to enter the country for any reason, seek legal advice in a timely manner.
Permanent residence or "Green Card"
This is an option that allows immigrants the ability to live and work within the United States permanently.
The most common is that it is a family member or an employer who makes the request and who agrees to be the sponsor of the beneficiary, although it is also possible to get it if you have asylee or refugee status.
This condition must be renewed or you can also request a new card in case of loss or theft. It is a complex process, therefore your case needs to be evaluated to determine the path that leads to success in management.
United States Citizenship
This is a quality that can be acquired by persons of legal age who have permanent residence in the United States or whose parents hold United States citizenship.
This requires filling out a form, attending immigration services to have your fingerprints taken, in addition to
meet an interview and take a naturalization test, to finally participate in the swearing-in ceremony.
But, because there are multiple access routes to it, the best option is to seek legal and timely advice, thus you will save yourself many inconveniences and obstacles on the way to obtaining your citizenship.
Other immigration procedures
There are multiple avenues through which you can choose to visit the United States legally, such as visas for business, tourists, for humanitarian reasons and more.
If you want to quickly obtain these entry permits to the country, you can request the assistance of an immigration lawyer to describe what the most feasible possibilities are according to your case.
It is increasingly observed how immigration problems are accentuated in the United States, due to the number of people who enter legally and illegally in order to obtain permanent status. So there are many reasons why you may require the advice or management of an immigration lawyer in California.
Campos Law Offices, P.C. professionally attends cases of:
Arrests for immigration reasons.
Asylums and shelters.
DACA, DED and Family Reunification Petitions.
Motion and appeal resources.
Pardons or Waivers.
Permanent residence and US citizenship for themselves or third parties.
Other immigration procedures.
These are very delicate and complex matters, which is why at Campos Law Offices, P.C. They are assumed with full conscience by honest and specialized professionals who strive to solve situations with the least possible trauma.
If you live in California and need to solve a problem of an immigration nature, be it personal, a family member or perhaps a worker, you can count on our services.
Access now, without obligation, to any of our service channels so that you can get immigration support that will help you emerge victorious from that situation.
Campos Law Offices, P.C.
Certified Specialist Immigration and Nationality Law California State Bar
Foreign nationals applying for visas to temporarily enter the United States (students, tourists, H-1B, investors, entertainers, intra-company transfers, etc) with prior immigration offenses can obtain a waiver under the Immigration and Nationality Act and be allowed to return to the United States.
Specifically, section 212(d)(3), allows many of the grounds which normally would bar reentry into the United States, to be waived. The grounds include unlawful presence, immigration fraud, misrepresentation, and criminal violations. These grounds have serious consequences with regards to an Immigrant Visas, and result in denial of entry. If you, or someone you know, would like to re-enter the United States, please call.