Immigration Attorneys in San Jose

United States immigration law is notoriously complex. Many immigrants wait months or even years to get an answer from the United States Citizenship and Immigration Services (USCIS). Unfortunately, many who file on their own miss critical pieces of evidence, leading to further delays and denials. This can be heartbreaking for families that are kept apart because they misunderstand the complicated immigration process.

The good news is that an immigration attorney can help you navigate nuanced and constantly changing immigration laws. They can help you understand how immigration and nationality law applies in your family’s case. Your immigration lawyer can help you get the right visa by submitting thorough petitions in a timely manner. They can also assist you in achieving permanent residency and eventually American citizenship, including bringing loved ones into the country.

Our legal practice in San Jose, CA, handles many complex immigration matters, and we are prepared to help you navigate immigration law and seek the results you and your family need. Call 408-359-4388 to speak with our team and get the legal representation you need for your family immigration case.

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What Immigration Cases Does Your Firm Handle?

Our law firm handles a wide variety of immigration legal needs. Our attorneys are passionate about bringing family members together despite challenges that may arise. We can also help foreign nationals who are victims of domestic violence seek asylum without filing jointly with their abusive spouse or family member.

Some other examples of cases our legal team handles include:

  • immigration defense for crimes
  • Citizenship and naturalization
  • Deportation defense
  • Complex family-based immigration
  • Green card
  • Family visas
  • Non-immigrant visas
  • Humanitarian visas
  • Temporary visas
  • Fiancé visa
  • Marriage visas
  • VAWA, or services for abuse victims
  • Adam Walsh Act defense
  • Waivers of inadmissibility

Our managing attorney is a top-rated immigration lawyer who has been an immigration prosecutor, giving our team unique insights into how the prosecution operates. We can help you through the application process, including seeking waivers for individuals with a criminal record and those who cannot file with a spouse because of domestic violence. Call now for more information.

Immigration Cases
Client Success Stories
Criminal Record U.S.

What Can I Do if I Have a Criminal Record and Want to Enter the U.S.?

One of the most difficult immigration issues to overcome is being deemed inadmissible due to past criminal activity. However, if you have changed your life and need a new start, you have every right to seek the American dream by immigrating to the United States. Overcoming inadmissibility conditions can be difficult, but an experienced immigration attorney like those at our law firm can help.

Unlike other immigration law firms, we are prepared to take on complex immigration cases, including those involving individuals with a criminal record. We will gather evidence to show that you have made significant rehabilitation efforts and are not a danger to the American public. Our San Jose legal team is also prepared to defend those who have committed crimes under the Adam Walsh Act, including sexual crimes against minors. Our immigration attorneys will fight for you and your loved ones throughout the entire process.

Meet Our Team
Daniel Shanfield Esq
Daniel Shanfield, Esq.
Founder and President
Miguel Melendrez
Miguel Melendrez
Senior Paralegal
Revital Shavit Barsheshet
Revital Shavit Barsheshet
Attorney of Counsel

What Visas Are Available for Family-Based Immigration?

Many families want to come to the U.S. together but don’t know what kind of visa is appropriate for entry. The truth is that the type of visa depends on your unique situation and relationship to an American citizen or permanent legal resident.

Some examples of family visas we can help with include:

  • U visa – The U visa permits entry for crime victims, especially if those individuals are willing to assist with the investigation.
  • K1 (Fiancé) visa – The K1 visa permits the foreign fiancé of a U.S. citizen to enter the country to get married.
  • K3 visa – A K3 allows the spouse of a U.S. citizen to enter the country.
  • K4 visa – This visa is for dependents of the foreign spouse, such as their unmarried children under age 21.

There are many other ways to seek entry into the U.S. Contacting an immigration attorney in San Jose, California, is one of the best ways to be in full compliance with U.S. immigration laws and get the best chance of getting your green card. Contact our law firm for help understanding your rights and for advice regarding the path that makes the most sense in your immigration journey.

Family-Based Immigration Cases
Why Choose Us?
Attain Citizenship

How Can Your Lawyers Help Me Attain Citizenship?

Depending on your goals, a green card may be a great stepping stone toward naturalization. Becoming a U.S. citizen offers many benefits, including greater ease in bringing family members into the country lawfully. Our team of attorneys can assist you with obtaining permanent residency and citizenship. We provide excellent services and legal representation to give you the greatest chance of success.

Some ways an immigration attorney like those at our law offices can help with your citizenship goals include:

  • Helping you understand the requirements for citizenship
  • Preparing your application
  • Coaching you to prepare you for the interview process
  • Gathering evidence to get you benefits under the Violence Against Women Act (which is also available for children and men)
  • Submitting the proper petitions to get waivers if you have criminal offenses on your record
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Can Our San Jose Immigration Lawyers Help You?

If you are intimidated or overwhelmed by the U.S. immigration process, you’re not alone. Immigration law is subject to change and can be challenging for even seasoned immigration attorneys. Our legal team promises to work tirelessly for success in your case, no matter what obstacles may arise.

When you or your loved one needs assistance with an immigration matter, please reach out to us at 408-359-4388. You can also visit us at 2107 N. 1st St, Suite 360, in San Jose, CA 95131. Our law office is 0.5 miles from O’Nel Field and 2.4 miles from Montague Park. We are also a short 1.2-mile drive from San Jose Mineta International Airport (SJC).

Immigration Lawyers
Frequently Asked Questions
What Is the Difference Between a K-1 and a K-3 Visa?

K-1 and K-3 visas are both intended for couples. However, they are used very differently. A K-1 visa is also known as a fiancé visa and is useful when the couple plans to marry on American soil. It has several advantages, such as being easier to obtain and allowing the couple to stay in the U.S. together. On the other hand, a K-3 visa provides entry for a foreign spouse who is already married to an American citizen. These visas require longer waiting periods and greater amounts of evidence to prove the match is a good-faith marriage. K-3 visas are also more difficult because the couple remains separated while waiting for the foreign spouse’s visa to be approved.

How Do I Start the Immigration Process for Myself or a Loved One?

One of the best ways to start the immigration process on the right foot is by speaking with an immigration lawyer right away. Your immigration attorney can help identify the visa needed to get you into the U.S. quickly and start living the American dream with your loved ones. An experienced immigration lawyer will know what documents you’ll need to get the best chance of success and will help you avoid delays by submitting the right forms in a timely manner.

What Do Immigration Lawyers Do?

Immigration lawyers are critical in helping immigrants enter the U.S. legally and achieve citizenship if that is their goal. Your immigration lawyer should speak openly about your chances of success after understanding your wishes regarding immigration. You should be honest when your attorney asks you questions and respond quickly when they request information or documents. While your immigration attorney can’t guarantee a particular outcome, they will work tirelessly to give you the best chances of approval.

What Is a Waiver of Inadmissibility, and How Can it Help Me Overcome Past Criminal Offenses?

In some instances, an immigrant has a criminal record that deems them inadmissible according to U.S. immigration law. Inadmissibility typically comes from serious crimes, such as violent crimes, drug crimes, and sex crimes. While it is more difficult to qualify for approval with a criminal record, it is possible to obtain a waiver of inadmissibility, or 212(h) waiver, which indicates that you have demonstrated rehabilitation and good character. Speak with an immigration attorney immediately to learn if you are eligible for a 212(h).

What Are the Requirements for Citizenship in the United States?

Many immigrants want to live the American dream in full, which can only be done after achieving naturalization for full citizenship. Some basic requirements include being an adult of at least 18 years of age, having lawful permanent residency for the required time, speaking English fluently, and passing a citizenship test. An experienced immigration attorney, like those at our San Jose, CA law firm, can help you pass the requirements and achieve your goals of U.S. citizenship.

What Is the I-751 Petition, and How Can it Help Individuals Owning Green Cards?

The I-751 petition requests an adjustment of status for individuals who received a temporary green card due to marrying a U.S. citizen. With the approval of your I-751, you are able to stay lawfully in the United States for ten years rather than the two years of conditional green cards. Ideally, you will file jointly with your spouse to remove your green card conditions. If you have divorced or your spouse passed away, your immigration attorney can help you apply to file independently.

How Does the Adam Walsh Act Impact Immigration?

The Adam Walsh Act is a piece of U.S. legislation regarding individuals who commit sex crimes against minors. While this is not necessarily an immigration legal issue, immigrants who wish to enter the U.S. with certain criminal activity on their record may be deemed inadmissible on the grounds of their past offenses. Additionally, a U.S. citizen wishing to bring their family into the United States may be limited according to the AWA. Our skilled team of immigration lawyers can help you overcome these obstacles.

Can I Take Advantage of Benefits Under the Violence Against Women Act if I Am a Man?

The Violence Against Women Act (VAWA) makes it possible for abused individuals to apply for adjustment of status without filing with their abusive family member. While men don’t fit the stereotypical abuse scenario, they are just as protected under VAWA. Our legal team offers excellent service for those suffering from abuse, including helping women, children, and men who are victims file independently.

Daniel Shanfield Esq.
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Keep your family together and protect your rights
by calling Daniel Shanfield Immigration Defense PC today!