Immigration Law in Oakland, CA

Oakland is a vibrant and diverse city that has long been a welcoming home to immigrants and refugees. However, navigating the complex legal and social challenges can be a burden.

In this article, we’ll explore the various issues facing immigrants and refugees in Oakland. We’ll also discuss the legal options available to those who need assistance.

If you or someone you know needs help with an immigration matter, we encourage you to read this article. Once you have some essential information, contact an attorney in our network to get support.

What Is Immigration Law?

Immigration law pertains to federal guidelines that govern who can reside and work in the United States. It also encompasses the process of naturalization or citizenship for permanent residents. In the case of individuals who enter the country unlawfully, the law mandates prosecution, detention, or deportation.

Oakland is a sanctuary city for immigrants. In 1986, the city passed a resolution declaring itself a refuge for Central American refugees. Since then, the city has continued to adopt these policies. For instance, the sanctuary city resolution reaffirmed a commitment to limiting cooperation with authorities.

Which Government Agencies Enforce Immigration Law?

Several federal government agencies oversee immigration law in the United States. Here are the three main federal agencies: 

• US Citizenship and Immigration Services (USCIS) processes applications to become workers, residents, or citizens.
• Immigration and Customs Enforcement (ICE) is responsible for investigating individuals who violate immigration laws.
• Customs and Border Protection (CBP) safeguards and fortifies the nation’s borders.

How Does Immigration Into the U.S. and Oakland, CA Work?

Individuals must submit several applications to the federal government to immigrate legally. However, the regulations are subject to frequent changes. Accordingly, it is advisable to seek the assistance of an immigration lawyer based in Oakland, California.

There have been notable advancements in state law that can help immigrants in Oakland. For example, the governor signed a landmark bill in 2022. Undocumented individuals can obtain a driver’s license, state identification card, and professional licensing. Advocates have praised the new law by claiming it improves public safety. However, opponents of the bill argue that it rewards those who have broken federal immigration laws.

Types of Immigration

Family-Based Immigration

This type of immigration is the most typical. It involves an eligible family member filing a petition on behalf of someone else.

U.S. citizens can file a petition for their immediate family members. But permanent residents and other immigrants may have additional limitations. For those who are not immediate family members, their application will go through further review.

Employment-Based Immigration

This visa is non-permanent and goes to individuals interested in working or conducting business. Employment-based immigration is a wide-ranging category that encompasses subcategories like the following:

• Religious workers
• Diplomats
• Entertainers
• Athletes
• Industry-specific employees

The process involves a particular employer sponsoring the immigrant. Once the temporary period ends, the employer may make the status permanent. Moreover, some business owners and investors in Oakland may sponsor themselves via their companies.

Refugees and Asylum Seekers

Immigration law allows some individuals to enter and remain in the United States under certain conditions. For example, there are provisions for those who cannot return to their country due to unsafe conditions. The number of people who can receive refugee status depends on a collaboration between the President and Congress.

Individuals who fear persecution may also seek asylum in the United States. Unlike refugee status, there is no limit on how many can receive this status.

There are several immigration and refugee services available in Oakland. Some of the most notable institutions in the area include:

• The International Rescue Committee (IRC) offers job training, language classes, and assistance with housing or healthcare.

• Oakland Unified School District’s Office of Equity has translation services, counseling, and academic support.

The Difference Between a Visa and a Green Card

A visa permits entry into the United States and allows someone to stay for a specific period. However, a green card allows someone to remain as long as they want. As a result, green card holders are permanent residents.

Non-Immigrant Visas

Non-immigrant visas allow individuals to stay temporarily in the United States. Typically, they do not result in permanent residency unless the individual has another qualifying reason. Examples of non-immigrant visas include tourist, student, and work visas.

Immigrant Visas

An immigrant visa is a type of visa that enables individuals to become permanent residents. However, obtaining an immigrant visa is more difficult for a non-immigrant one. It also requires a U.S. citizen or permanent resident.

The Role of Oakland, CA Immigration Lawyers

Immigration lawyers in Oakland, California are experts who can provide guidance and advice. They can assist with deportation, naturalization, visa applications, and other concerns.

Immigration attorneys do not typically represent clients in court. Instead, they act as intermediaries between their clients and the U.S. immigration services. More specifically, they negotiate with the U.S. Citizenship and Immigration Services department.

When Should I Consider Hiring a Oakland, CA Immigration Attorney?

There are some circumstances in which you need an immigration lawyer in Oakland, California. These situations include:

• A history of criminal convictions
• Confusion over how the application process should work
• Reaching the age of 21 before receiving approval for an application
• Previous application denials
• Deportation or barred entry
• Seeking an employment visa with an uncooperative employer
• Unreasonably long delays
• Having an immigration status that depends on a marriage that ended with divorce

If you are facing any of the issues above, we can help you find an attorney in Oakland, CA. We can even help you connect with an attorney across California state lines.

Request legal help through our website or by calling (866)-345-6784 today!