Top San Jose Immigration Lawyers - California

What Are The Requirements For U.S. Citizenship?

In order to naturalize as a citizen of the United States, the initial requirement for all applicants is to be a Permanent Resident (i.e. have a Green Card). Depending on your situation, you’ll need to have been a permanent resident for at least three to five years prior to applying for citizenship. In addition, you must be at least 18 years old when you file your naturalization application; be able to speak, read and write basic English; and be a person of good moral character. For many of the requirements, certain exceptions apply and it’s useful to consult with an attorney near you to see whether you qualify for requirement exemptions.

How to get a Green Card?

There are a variety of methods for obtaining a Green Card, including through marriage or employment. A Green Card permits an individual the right to permanent residency in the United States. Although marriage to a U.S. citizen is a common means of obtaining a Green Card, there are various other methods such as a family member petitioning on your behalf, seeking asylum or residency as a refugee, an employer bringing you to this country for work, etc. An attorney can help determine whether you meet eligibility criteria and guide you through the arcane application procedures of immigration law.

How long does I-140 processing take?

In the United States, there are two USCIS service centers which process the I-140 immigration form. The time it takes to process will vary slightly depending on the service center. However, in general, the form takes an average of six months to process. Premium processing is a service offered by USCIS which guarantees processing of your I-140 within two weeks. This service requires an additional fee of over $1200. If USCIS is unable to process your form within 2 weeks, it will refund your money and continue with expedited processing. An immigration attorney will be able to provide you with much more specific information and can advise you on the best course of action with regards to filing your I-140.

What is the H1B to Green Card process?

During the Green Card application process, which can be lengthy, it is critical that you maintain lawful immigration status. Under certain circumstances, you can request an extension of your H-1B status in one-year increments while your Green Card application is being processed. H-1B extension processing time usually averages around 2-3 months although USCIS doesn’t offer any time guarantees. Working with an attorney to ensure timely and proper filing while remaining in legal immigration compliance is crucial to a successful adjustment of your status.

Consider the following:

Comfort Level

- Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?

Credentials

- How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?

Cost

- How are the lawyer's fees structured - hourly or flat fee? Can the lawyer estimate the cost of your case?

City

- Is the lawyer's office conveniently located near you?

Many people who need to find a lawyer in California have never hired a lawyer before. Talking to a lawyer may be a new experience and you might want some help getting started. Here are some questions you may want to ask a lawyer before deciding who to hire.

• What is your main practice area?
• How many years of experience do you have in California with cases like mine?
• How often do you take cases to trial or settle them out of court?
• Can I take my case through mediation or arbitration?
• Do you offer a free consultation?
• What are your fees and costs?
• Will you be the attorney primarily handling my case?
• How will I be kept up-to-date about my case?

In order to practice law in California, attorneys have to both pass the California bar exam and be admitted by the State Bar of California. Most attorneys in California graduate from an accredited law school but some lawyers are admitted through on-the-job experience for a minimum of 4 years and through passing an additional legal exam. After a lawyer is admitted to law practice in California, they can practice in almost any area of law.

Lawyers in California are held to strict ethical guidelines known as the Rules of Professional Conduct. Attorneys may have duties and limitations in:

• Attorney-client confidentiality
• Duty of client advocacy
• Conflicts of interest
• Duty of candor
• Limitations in soliciting clients
• Restrictions on handling a client's money

Many people avoid calling a lawyer because they are worried it will be too expensive. In many cases, a lawyer can end up saving the client money. This includes getting an increased award, recovering additional damages, avoiding financial problems in the future, and avoiding future disputes and litigation. Some legal areas even allow the lawyer to recover legal fees from the party at fault.