Milpitas Immigration Attorneys

Representing Your Rights and Interests in Immigration Law Cases

Santa Clara County is home to a thriving immigrant population, and the city of Milpitas often attracts tech specialists and other experts from abroad to work in Silicon Valley. Whether you are immigrating to the United States for work, hoping to reunite with family, or wanting to establish permanent residence, it’s important to have experienced legal guidance throughout the process. At the Law Offices of Daniel Shanfield Immigration Defense P.C., our team can help you evaluate the different visa options available to you and determine which offers the potentially fastest path to legal status. You don’t have to go through the immigration process alone.

Schedule an initial consultation by calling our immigration attorneys in Milpitas at 408-359-4388 to get started.

What Visa Options Are Available for Immigrants?

The United States offers many potential immigration paths, and it can be challenging to determine which option is the best fit for your situation and goals. In some cases, our clients are focused on one specific visa option, such as if they work in a specialty occupation, but many people could potentially qualify under multiple visa categories, such as family-based immigration or a humanitarian option. Below are common immigration categories and what to expect from those visas.

Employment-Based Immigration

For those with special qualifications or an existing job offer in the United States, employment-based visas are often one of the fastest immigration options. However, you generally need an employer to sponsor you, and they may have to go through the labor certification process before they can file a petition on your behalf. Employment-based visas also often require extensive documentation about your education, professional background, and other credentials.

Family-Sponsored Visas

Family-based immigration is one of the most common paths for those hoping to come to the United States. Immediate relatives are for the qualifying spouse, children, or parents of a U.S. citizen. Family preference visas are for siblings of U.S. citizens or spouses, children, or parents of Green Card holders. Eligibility for a family-sponsored visa depends on the type of relationship you have with your family member and whether they are a U.S. citizen or a lawful permanent resident. Immediate relative visas generally have faster processing times because there is no cap on the number that can be issued each year.

Humanitarian-Based Options

Those who are victims of persecution or crimes or have suffered other hardships may qualify for immigration based on humanitarian options. These include visas like the T visa for victims of human trafficking and the U visa for crime victims, as well as VAWA self-petitions and asylum and refugee status. Humanitarian-based immigration options require strong supporting evidence, and it can be helpful to talk with an attorney about what documentation you need for a strong case.

Which Visa Is the Right Choice for You?

While some people may only qualify for one visa type, making the choice much easier, others have multiple options and need to choose which visa to file under. When making this decision, it is important to consider what your main purpose is for coming to the United States, your qualifications and background, and your long-term goals. For example, someone who is immigrating to take a better job for five years would have different goals than someone who wants to establish a permanent residence and eventually sponsor other family members.

If you qualify for more than one visa option, it can be helpful to explore which pathways are generally faster and whether there’s the possibility of an adjustment of status to get a Green Card in the future. Our Milpitas immigration attorneys can talk with you about your background and goals to identify what visa options you may qualify for and help you pick the option that makes the most sense.

How Do You Apply for an Immigration Visa?

The first step in applying for an immigration visa is to identify the category and visa type that’s the best fit, and an attorney can help you with this process. Once you’ve decided to move forward with a visa, it’s time to start gathering the evidence you’ll use for your application.

The supporting documentation you need depends on the visa category, so it’s important to pay close attention to what’s required. You will need to provide documents that prove your identity and purpose for coming to the United States. You may also need to provide financial records, and there are generally fees associated with immigration fees that must be paid when you file.

Once you’ve put together a strong application package and filed your forms, you’ll wait until your application is up for review. Depending on the visa type and the current backlog, this could take several months. You may need to attend an immigration interview and go to a biometrics appointment before your application can be approved. Once the immigration officer has everything they need, they’ll issue a final decision on your application.

What Are Some Common Reasons Immigration Applications Are Denied?

How often immigration visa applications are denied depends heavily on the visa type and the country you’re coming from. The strictest categories can have denial rates near 50 percent, while family-based immigration petitions generally have higher acceptance rates. An immigration application can be denied for a variety of reasons, but there are some common themes to be aware of:

• Inaccurate or incomplete applications. Even a minor error or inconsistency can result in a Request for Evidence or outright denial.
• Insufficient evidence. Immigration petitions require strong and compelling evidence, especially if you’re seeking a visa based on special skills, extraordinary abilities, or humanitarian reasons.
• Procedural errors. Failing to respond to a Request for Evidence by the deadline or not submitting your filing fees with your application can negatively impact your case.
• Issues with eligibility or admissibility. Certain criminal convictions or health issues can make you inadmissible to the United States, and your application may be denied if the officer does not believe there is clear evidence that you meet the eligibility requirements.

Immigration matters can be frustrating, especially when you don’t get the result you hoped for. Our attorneys can help you determine what happened and identify the next steps.

Speak With Our Experienced Immigration Attorneys in Milpitas Today

At the Law Offices of Daniel Shanfield Immigration Defense P.C., we guide clients through the immigration process step by step, from determining their eligibility to handling any Requests for Evidence or appeals. When you work with our law firm, you get the benefit of meticulous preparation, which can increase your chances of approval and help you avoid unnecessary delays. Whether you are still considering your immigration options or you have questions about how to appeal a notice of denial, our attorneys can help.

Contact our office at  408-359-4388 to speak to a member of our team about our services and your case.