Immigration Law

Immigration Attorney Rancho Cucamonga

Immigration Attorney Rancho Cucamonga

As an Immigration Attorney,  this is an area of law that has touched my heart. The joy my staff and I see on our client’s faces after they receive their documents is priceless. Being an Immigrant myself, I understand how the challenges and issues that many immigrants deal with. I arrived the US at the age of 13. During these years, I  met many young people whom I became friends with, who even though they had lived almost their entire lives here, they wanted to become US Citizens; but were unable to do so. Now as an Immigration Attorney in Rancho Cucamonga, I have been able to assist many families to stay together, avoid deportation, and reunite with their loved ones.

DEPORTATION DEFENSE

Have you been issued a Notice to Appear (NTA)? Are you being held in Detention or ICE Custody due to a criminal conviction? At Burga Law Firm PC we represent people who are facing removal in Immigration Court (EOIR). We can help them stop their deportation proceedings or file for immigration relief. Removal Defense cases are not easy, so you want to make sure you have an attorney that is qualified and experienced to practice in front of Immigration Court. Want to learn how Burga Law Firm PC can help you? Click here to read more.

MOTIONS FOR BOND

Is your family member or loved one currently detained by ICE in Adelanto, San Bernardino, Los Angeles, etc? Give us a call. Burga Law Firm will work directly with ICE officers to get your family member or loved one released on bond. Even if they have been denied a bond before, we can file a second request for bond based on change of circumstances. There are certain cases where detention is mandatory; but after a certain period of time, there are special motions that can be requested to get our clients released.

NATURALIZATION

It is the process to allow a person not born in the United States to become a US Citizens. Becoming a US Citizen is a the best accomplishment for many people who came to this country with the willingness to work hard and looking for the American Dream. The basic requirements to become a US Citizen is 1) Have been a legal permanent resident for at least 5 years (3 years of your spouse is a US Citizen), 2) Have been a person of good moral character during that 5 year period, 3) Pass the English test and the Civics test. In some cases, you could take the test in your native language depending on your length of your permanent residence and your age. Do you believe you qualify to become a US Citizen?

DACA (Deferred Action for Childhood Arrivals)

Even though the Dream Act did not become law, President Obama issued an Executive Order to protect from deportation certain undocumented immigrants that came to the country at a young age. In order to see if you qualify for DACA you must ask yourself these questions:

  • Did you enter the country before you were 16?
  • Were you physically present in the US on June 16, 2012?
  • Have you lived continuously in the US from June 16, 2007 through June 16, 2012?
  • Do you have a criminal history?
  • Are you a High School graduate or a GED recipient or military service?

These are the basic questions that can help you determine if you qualify to obtain a work permit under Deferred Action for Childhood Arrivals. If you have a criminal history, come talk to us to help you review your criminal cases and see if you could still qualify. We have helped many people with their applications and have also joined forces on a temporary basis with DreamTeam LA to assist DACA applicants pro bono.

DEFERRED ACTION FOR CHILDHOOD ARRIVALS (RENEWALS)

If you already have work permit under DACA and it is about to expire, we urge you to call us. We can help you file your renewal at a minimum cost. Do not wait until it is too late. We highly recommend that you apply for a renewal at least 3 prior.

DEFERRED ACTION FOR PARENTAL RESPONSIBILITY (DAPA) and DACA EXPANSION

On November 2014, President Barrack Obama announced that the US Department of Homeland Security (DHS) will not deport certain undocumented individuals. Therefore, the creation of DAPA and expansion of DACA was created. Currently, this program is on hold due to a Federal Court ruling it as unconstitutional. However, our United States Congress has accepted to review this decision and it will decide whether President Barrack Obama overreached his authority with his executive action. Click here to learn more about DAPA and DACA Expansion.

FAMILY PETITIONS

If you are a Legal Permanent Resident or a US Citizen, you can file a Petition, called I-130, for your family members to immigrate to the United States. Depending on your status, you can file for your Parents, Spouse and Children to come live in the United States. This process can be overwhelming. At Burga Law Firm PC, we take care of it for you.

MOTIONS TO REOPEN

There are time limitations for motions to reopen so it is important that you speak to an attorney soon as possible. Whether it is in from of Immigration Court or at the 9th Circuit, Burga Law Firm can help you prepare a winning Motion to reopen your case and stay your deportation. Some Motions to Reopen do not carry a time restriction such as Removal Orders for failing to appear in Immigration Court, or you did not receive a proper Notice of Hearing.

ADJUSTMENT OF STATUS

Want to Petition for a family members that’s already here? Adjustment of Status can help. It requires that your family member entered the country by being admitted or paroled INA Section 245(a); or  previously grandfather under the INA Section 245(i). To become a permanent resident through Adjustment of Status under 245(a), a proof of legal entry is required. This can be accomplished with a passport and I-94 card issued at time of entry. To become a permanent resident under 245(i), you need proof of an “approvable when filed” of a Petition by either a family member or previous employer filed prior to April 30, 2001; that it was filed after January 14, 1998 and that proof of physical presence in the US on December 21, 2000. Do you have questions about Adjustment of Status? Give us a call, and our Immigration Attorney will be happy to meet with you.

I-601A PROVISIONAL WAIVERS

If you, after the age of 18, have lived in the US for more than 6 months (180 days), you are barred from entering the US for 3 years. While if you have accrued unlawful presence for more than a year, the law says you will have a 10 year bar soon as you leave the country. The bar means that you cannot enter the country for the time length of the bar. To get rid of this bar it requires a Waiver. Unlawful presence must be waved before being able to reenter the country as a permanent resident. A Waiver can remove the 10 year bar for unlawful presence. It require that if a qualifying relative (US Citizen spouse or parent) can show that the absence of the beneficiary (spouse or child) will cause them extreme hardship. Waivers are not simple to prepare. If you are looking for help with a Waiver, we urge you to use an Immigration Attorney. Avoid the assistance of document preparers or “Notarios.” These individuals are not attorneys and they are not license to practice law.

U VISAS and VAWA

Are you a victim of Domestic Violence from your spouse who is either a Legal Permanent Resident or a US Citizen? You may qualify for Immigration Benefits through the Violence Against Women Act. If the person that committed a crime against you is not a Legal Permanent Resident or a US Citizen, don’t worry, you may not qualify under VAWA; but you may still receive Immigration Benefits through a U Visa.

Are you a victim of a crime, suffered substantial physical or emotional harm, and did not oppose to cooperate with law enforcement for the incrimination of the perpetrator? Then you may qualify for a U VISA. As a U Visa recipient you can obtain a work permit that allows you to stay and work in the country legally for 3 years. After the 3 years you can become a Legal Permanent Resident by filing for Adjustment of Status prior to the expiration of the 3 years.