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JAVIER G. PINEDA, PROFESSIONAL LAW CORPORATION
Welcome to the virtual home of Javier G. Pineda, Professional Law Corporation! Mr. Pineda started his firm in 1999. With the firm's physical office in Santa Ana, CA, Javier G. Pineda's firm is dedicated to providing excellent legal services. The firm specializes in immigration law but also successfully practices criminal, family and civil law.
Today, the firm has over 20 years of combined legal experience. We use this experience to the benefit of our clients. Mr. Pineda and staff have achieved great success in immigration, criminal, family and civil cases.
Family Based Immigration
The Family Based Immigration process is governed by preference system based on categories and a quota system. Family reunification has long been the underpinning of immigration law. However, now more than ever, obtaining legal residency status though family has become more complex. Knowledge of new concepts such as the Child Status Protections Act, the Family Sponsor Immigration Act and Unlawful Presence are critical in obtaining benefit based on family immigration.
Filing a family based petition with the US Citizenship & Immigration Services along with supporting documents starts the process. Depending on your classification, the process can take months or many years. Our knowledge of the immigration laws and experiences with the US Citizenship & Immigration Services the Department of State allows us to examine your situation and determine the best course of action.
Not all family relationships serve as a basis to apply for legal permanent residency status. Under the Immigration & Nationality Act, there are two categories.
Immediate Relatives: (Immigrant Visas)
There are no limits or quotas to the number of immediate relative visas allocated in any fiscal year. Immediate relatives include the following:
Please note: The Immigration & Nationality Act does not allow derivative benefits for minor children of immediate relatives and therefore a separate petition is required. *Minor children of parents of U.S. citizens are not eligible to immigrate under their parents’ petition*
Preference Categories:
First Preference – Unmarried sons and daughters (21 or over) of U.S. citizens.
Second Preference – (2A) Spouses or children (under 21) of legal permanent residents. (Waiting periods range from (2B) Unmarried sons or daughters of legal permanent residents.
Third preference – Married sons or daughters of U.S. citizens.
Fourth Preference – Brothers or sisters of U.S. Citizens (must be 21 or older).
*Unlike the immediate relative classification, the spouse or child of the principal applicant under the family sponsored preference is entitled to the same status and order or consideration as the spouse or parent.* The waiting period for a visa number to become current can be monitored by visiting the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html.
Non-immigrant family visas
K-3—A spouse of a U.S. citizen is eligible for a K-3 visa. In December of 2000, Congress created a new type of visa in an attempt to shorten the waiting period spouses of U.S. citizens have to wait to be reunited. A K-3 visa allows a spouse of a U.S. citizen to enter the U.S. while waiting for the US Citizenship & Immigration Services to process his or her case for residency.
Fiance petitions
K-1—A fiancé of a U.S. citizen is eligible for a K-1 visa, provided they met at least two years before the initiation of the K-1 petition. This visa allows a fiancé to enter the U.S. to marry the petitioner within 90 days. The application process for K-1 visa generally takes between 4-24 months depending on the nationality of the fiancé.
Removal Proceedings (Deportation)
Through the years, Congress has passed laws to limit and exclude the admission and residency of non-citizens. Today, legal permanent residents face the harshest and most broad-sweeping provisions of law contained in the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The harsh consequences that follow a criminal conviction for an aggravated felony mandate that criminal defense attorneys work closely with immigration attorneys in defending non-citizens. Attorneys in both fields must work together to avoid their client’s removal from the United States.
There are certain crimes that subject non-citizens to removal. Those crimes are defined in the Immigration & Nationality Act as crimes involving moral turpitude, aggravated felonies, controlled substance offenses, domestic violence, alien smuggling and firearms offenses. This is not an extensive list of crimes that subject non-citizens to removal and therefore a consultation with an immigration attorney is recommended.
If you have criminal convictions or are currently facing criminal charges, it is of the utmost importance that your criminal defense attorney know and understand your immigration status. If you are a legal permanent resident or a non-citizen in the process of applying for legal permanent residence, it is very important that you consult an immigration attorney prior to submitting your applications.
We have successfully handled hundreds of removal cases. We handle both criminal and immigration cases for our non-citizens clients focusing on their goal of remaining in the United States. With that in mind, we have structured pleas to avoid removal for many of our clients.
Citizenship
Age
An applicant for naturalization must be at least 18 years of age. Under certain circumstances, children under the age of 18 of naturalized parents automatically obtain US citizenship when their parent or parents naturalize.
Good Moral Character
Applicants must demonstrate good moral character during the five years immediately preceding the application. Additionally, certain criminal offenses automatically preclude a finding of good moral character. The applicant’s entire life can also be examined during the interview. Due to the fact that certain criminal convictions can subject an applicant to deportation, it is very important that all naturalization applicants with criminal records seek competent immigration counsel.
Residency
Besides the age requirement, there are residency requirements depending on the method the applicant obtained residency. For example-
Most applicants must demonstrate that they have lived continuously in the United States for five years since becoming a legal permanent resident. However, if you obtained legal residency by way of marriage to a US citizen and you continue to be married to the US citizen, the five year period is cut to three;
at least half of the permanent residency time must have been spent physically in the US;
applicant must have lived for at least three months in the jurisdiction where the application for naturalization is filed.
Language
Applicants for naturalization must be able to speak, read and understand ordinary English. Examiners test for this requirement by way of engaging the applicant in a conversation during the interview process.
Exemption to the English Requirement
A limited number of applicants are exempt from the English requirement. Applicants who, because of a physical disability are unable to learn English, those with a mental handicap that make it impossible to learn English, people over the age of 50 who have lived in the US as permanent residents for a least 20 years, and people over the age of 55 who have lived in the US as permanent residents for at least 15 years. Those applicants seeking an exemption due to medical or physical disability must file form N-648 along with their naturalization application. The applicant’s medical provider must fill out form N-648.
History and Government
Applicants must demonstrate an understanding of the US government and history. Until now, the applicant is asked a number of questions from a standard list of 100 questions. Only those who are physically or mentally unable to comply are exempt from the civics test. Those exempt from the English language requirement because of their age and number of years as a legal resident are generally not exempt from this requirement. Applicants that meet the 50 or 55 age requirement and the 20 and 15 residency requirement are allowed to use an interpreter during the interview. Those that meet the 20 years residency requirement take an easier test.
