Many view the United States as a land of opportunity. It draws immigrants from all over the world. To visit the United States as a foreign national, or to immigrate to the United States, certain legal steps must be taken. Immigration law is a complicated body of law. Often, people hoping to immigrate, avoid deportation, or visit the U.S. find it necessary to seek legal representation. At the Serendib Law Firm, our Orange County immigration lawyers handle matters related to deportation defense and the preparation of immigrant and non-immigrant petitions. We can help you navigate the applicable processes.Deportation Defense
Removal or deportation proceedings are brought under section 237 of the federal Immigration and Nationality Act (INA). They can be brought against someone with legal status in the U.S. or a foreign national who has entered or stayed in the U.S. unlawfully. The purpose of removal proceedings is to remove someone from the U.S. by force. If you are involved in removal proceedings, it is critical to retain an experienced attorney who can advocate for you before an immigration judge. Representation can make a huge difference to your case’s outcome.
The first step in removal is for the immigration judge to assess whether you are removable. The second step, if you are found to be removable, is to pursue any appropriate forms of relief from removal. Withholding of removal is one example of immigration relief, in which the U.S. government is stopped from removing someone to a country where their life or freedom would be threatened due to a protected trait, such as their membership in a social group, their political opinion, or their nationality, religion, or race. To obtain this relief on your behalf, an immigration attorney at our Orange County firm would need to demonstrate that you are a refugee and that there is a clear probability that your government or a group outside the government’s control will persecute you in your country of origin.
Convention Against Torture (CAT) protection is also a form of immigration relief. To obtain protection under the Convention Against Torture, a foreign national will need to demonstrate that it is more likely than not that they will be tortured if they are removed to their home country. Torture includes any intentional, illegal infliction of severe suffering to obtain a confession, or to punish, intimidate, or discriminate.Immigrant Petitions
There are varying circumstances under which someone can immigrate to the U.S. One common way is for a U.S. citizen to petition for a parent, child, or spouse to come and live permanently in this country. The first step in petitioning for a family member to get a green card and permanent residence in the U.S. is to establish the family relationship through a Form I-130. Our Orange County immigration attorneys also can assist foreign nationals with pursuing immigrant visas based on employment. An American employer can make an offer of permanent employment and petition for a foreign worker to become a permanent resident based on that offer. In most categories, the employer must obtain a labor certification before filing an immigrant petition. Some applicants are able to petition to be immigrants on their own. These include investors and workers with extraordinary abilities. The rules often change in this area, so you should seek legal guidance at the outset to understand the benefits and challenges of each option.Non-Immigrant Petitions
If you are trying to enter the U.S. on a temporary basis for a certain purpose, you may be able to do so on a non-immigrant visa. Non-immigrant visas allow foreign nationals to come to the U.S. for reasons related to tourism, medical care, business, temporary work, or education. For instance, if you want to come to the U.S. on a vacation, you probably would apply for a tourist B-2 non-immigrant visa.Explore Your Options With an Immigration Lawyer in Orange County
If you want to come to the U.S. or avoid deportation, or if you want to bring a family member or employee to the U.S., you should discuss your situation with an experienced immigration attorney. We represent people in Orange, Los Angeles, San Bernardino, and Riverside Counties. Call us at 1-800-LAW-8825 (800-529-8825) or contact us via our online form.