Immigration law, in and of itself, is extremely complex. It is heavily form-orientated and each question, even the yes or no ones, may seriously impact your application processes. Hiring a competent lawyer can help you effectively answer every question and avoid the various pitfalls that could end in rejection or denial. We recommend hiring a competent lawyer early on to avoid costly mistakes. A detailed exploration of your particular facts ultimately impacts your authorized vs. unauthorized presence, and/or continued residence or removal from the United States.

When hiring a competent lawyer, you must first, and always, be aware of which state they are licensed to practice in. It is similarly important to check their client reviews as well as the State Bar Association for their license validity and history of clients’ complaints and disciplines

Consultant vs Lawyer:
While consultants serve an important function, they are not allowed to provide legal advice and are not bound by the same professional standard imposed by the State Bar. They can assist you with translating answers and questions on USCIS forms, get copies of supporting documents, and help you submit various forms. Consultants don’t typically appear with you at USCIS/DHS interviews and/or court hearings. Consultants are not required to graduate from a particular program or pass any mandated exams. The fees charged are typically less than licensed attorneys, but not always. While consultants may charge less, the law does not allow them to provide crucial legal guidance and strategy that a qualified attorney can.

Under California law, an immigration consultant can provide the following services:

• Complete federal or state immigration forms, but cannot advise individual’s on how to answer questions
• Translate an individual’s answers onto questions in immigration forms
• Secure supporting documents that are necessary to complete immigration forms
• Submit completed forms on a person’s behalf to U.S Citizenship and Immigration Services
• Refer legal representation for an individual based on his/her immigration matter

Seeking legal advice can be expensive, and it is common for individuals to seek free consultations. However, when it comes to your future in the United States, you will want to be provided a necessary, accurate, and specific plan of action. Free consultations may be helpful for some; however, these interactions are typically short which can lead to overlooking pertinent information. In our experience, the most accurate legal evaluation follows an exploration of all the facts which takes time. Extensive free consultation is useful, and we commend those professionals who provide them so long as they are not rushed.

In paid consultations, an attorney/client privilege is established, clearly documented, and noted. Paid consultations typically allow for a broader understanding of your specific situation and allocate more time to gather important details necessary to form an accurate and effective plan based on your situation. For example, a non-citizen criminal background (domestic or foreign), previous marriages or divorces, immigration history, length of periods of unauthorized presence in the USA, exits and entries dates to the USA, current and former recorded residences, applications previously submitted at U.S. consulates to obtain a visa, previous misrepresentations to a government agency, U.S. employment applications, previous contacts with Border Patrol, social media, prior names used, and even the non-citizen’s children are all indicators the USCIS uses to decide cases.

A detailed exploration of all particular facts ultimately impacts the non-citizen’s future in the United States.

A commonly asked, but very complex question is whether someone should obtain a Fiancé(e) Visa or get married. The first thing to know is you must be a U.S. citizen to apply for a Fiancé(e) Visa (also known as a K-1). Fiancé(e) Visas are typically processed quicker by USCIS and the U.S. Consulates. If the fiancé(e) has children over 18 but under 21, they are allowed to accompany the fiancé(e). However, Fiancé(e) visas can only be granted outside the U.S.; if the fiancé(e) is inside the U.S., the U.S. citizen must get married to his/her fiancé(e) to be allowed to file an immigration petition (also known as adjustment of status). To qualify for a K-1 visa you are required to have physically met your fiancé(e) within the past two years before filing. If your fiancé(e) is currently in the U.S., and they are otherwise qualified to adjust their status, we typically recommend getting legally married and filing an adjustment of his/her status. We strongly suggest consulting with a competent attorney before taking any action.

ALERT: If your fiancé(e) is traveling to the United States on ESTA, visitor visa or other certain visas with the intention of getting married and remaining permanently in the United States, very serious legal implications can arise at airports/borders of entries. Schedule a consultation with an attorney before he/she travels.

Being in immigration courts means the U.S. Government is trying to deport/remove you from the United States. In immigration courts, there are two separate hearings. At the Master Hearing, the judge will take pleadings to the charges against you and typically discuss with your attorney a plan of action. The judge will also impose a deadline for filing all reliefs available to you. Your lawyer typically discusses plans and methods to prevent your deportation with the judge. There is also always a lawyer for the government present in the courtroom who oversees your case. The second hearing is called the Individual Hearing. This is the final hearing and where the court decides whether to approve or deny your continued stay in the U.S., whether it be granting you some sort of legal status or ordering your removal. However, even if ordered removal, there is always an appeal process which can be followed. It is imperative you get a competent lawyer to represent you and apply for all reliefs available to you as your stay in the U.S. depends on it. Furthermore, it is crucial that you undertake an effective appeal if denied.

Being in deportation/removal courts does not necessarily mean that you will be deported. Our office has charted winning strategies to keep our clients in the U.S. with their families and loved ones. Typically, we are even called upon to appeal after the judge orders removal despite whether you were represented by different counsels in immigration courts. Call us for a consultation.

It depends. You may file for asylum in immigration courts if you have been referred there. You may also file with USCIS directly to the asylum office. Either way, asylum is filed on I-589 form. Extensive supporting documents and declarations are essential to winning asylum. The law requires filing asylum within one year, however, notable exceptions apply. Anyone present in the U.S. in any status (typically nonimmigrant status) can apply for asylum. The process is complex and requires a full evaluation of your circumstances. We have successfully argued and won many asylum cases on appeal and in the 9th Circuit. We have also won cases that were published opinions by the 9th Circuit. Choosing the right attorney for this process is imperative.

Getting work authorization in the United States can be a difficult process and, at times, nearly impossible. Only certain individuals with certain immigration status qualify for work authorization. Most notable, among others, are those who:

• Have pending asylum cases for over a period of time
• Have adjustment applications pending
• Have been granted certain reliefs by the immigration court
• Have certain pending applications in the immigration courts
• Certain individuals with administratively closed cases
• Spouses of certain visa holders
• DACA
• Foreign graduates of US colleges or universities
• Certain parolees

• U Visa
• Violence Against Women Act (VAWA)