Immigration Lawyer in San Francisco, CA

An immigration lawyer in San Francisco can mean someone pursuing a green card or citizenship, or facing a criminal charge that puts status at risk. The immigration practice at the Law Offices of David S. Chesley takes both kinds of cases, since a San Francisco criminal court and a federal immigration agency can each decide part of the same outcome.

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Is the "San Francisco immigration court" actually in San Francisco?

No, and that surprises people searching for one.

EOIR's own court listing names only two Northern California immigration courts: Concord and Sacramento. There is no San Francisco Immigration Court on that list. The Concord Immigration Court, run by the Department of Justice's Executive Office for Immigration Review, sits at 1855 Gateway Boulevard, Suite 850, Concord, CA 94520, (925) 680-9015, open 8 a.m. to 4:30 p.m. Monday through Friday except federal holidays. No EOIR page states a county-by-county service area for that court. What actually controls a given case is the hearing notice the court sends once a Notice to Appear is filed; that notice names the court, the date and the time.

ICE, unlike EOIR, does have a real San Francisco address. ICE's Enforcement and Removal Operations San Francisco Field Office is at 630 Sansome Street, Room 590, San Francisco, CA 94111, (415) 365-8800. ICE's own directory lists its Area of Responsibility as "Northern California, Hawaii, Guam, Saipan."

USCIS also has a real San Francisco office, at the same street address as ICE's building: the USCIS San Francisco Field Office, 630 Sansome Street, San Francisco, CA 94111. That office handles green card interviews and naturalization ceremonies by appointment only; USCIS does not accept walk-ins, and biometrics appointments happen at a separate Application Support Center, not at the field office. As USCIS itself puts it, "Please refer to your interview or appointment notice to confirm the field office address for your visit."

Once a case is in front of the immigration court, EOIR's Automated Case Information System can be checked online with an A-Number and nationality. EOIR describes it as providing "basic information about the status of certain cases," adding that "Not all cases, or all information about a case is displayed." The agency is direct about the limits: the documents the court or the Board of Immigration Appeals actually issues are "the only official determinations related to your case," not the online lookup.

Where is a San Francisco criminal case heard?

San Francisco's Superior Court splits criminal cases across three buildings downtown.

Most are heard at the Hall of Justice, 850 Bryant Street, San Francisco, CA 94103. Some go instead to the Civic Center Courthouse, 400 McAllister Street, San Francisco, CA 94102, or the Community Justice Center, 575 Polk Street, San Francisco, CA 94102. The court directs anyone unsure which department has their case to the Daily Calendar posted outside Room 101 at the Hall of Justice, or to call the Clerk's Office at (415) 551-0651.

The Law Offices of David S. Chesley's own San Francisco office is at 201 Spear Street, Suite 1100, San Francisco, CA 94105, (510) 403-8809. The firm's wider San Francisco practice is on the San Francisco criminal defense page, and a DUI arrest specifically has its own page, the San Francisco DUI page.

What does a criminal conviction actually do to an immigration case?

Federal law sets the rule, and it ignores what San Francisco calls the charge.

Start with deportability, which applies to someone already admitted to the country. 8 U.S.C. 1227(a)(2) lists an aggravated felony at any time; a single crime of moral turpitude committed within five years of admission that could carry a year or more; two crimes of moral turpitude at any time, so long as they did not arise from one scheme; specific drug and firearms offenses; and domestic violence, stalking, child abuse or protective-order violations.

Inadmissibility is a separate question, under 8 U.S.C. 1182(a)(2), and it matters when applying for a visa, a green card or reentry. It reaches a crime of moral turpitude or a controlled substance offense. Only the moral turpitude ground has an exception, and it has two distinct parts. One covers a single crime committed before age 18, but only once more than five years have passed since the crime, and since any release from confinement for it. The other, the actual petty offense exception, covers a single crime with a maximum possible sentence of one year or less, where the sentence a judge imposed, regardless of how much was served, did not exceed six months.

The word "aggravated felony" is defined separately, at 8 U.S.C. 1101(a)(43), and the list runs from drug trafficking to a crime of violence or a theft offense, each requiring a one-year sentence. Because Penal Code 18.5 caps a California misdemeanor at 364 days, a misdemeanor by itself cannot meet that one-year mark under California law. A felony sentence is what crosses the line.

Whether a case even counts as a "conviction" is its own question, at 8 U.S.C. 1101(a)(48)(A). A formal judgment of guilt is a conviction on its own, no matter how the case was charged. Where a judgment was withheld instead, a guilty plea, a no contest plea, or an admitted set of facts, paired with any punishment the judge actually orders, counts too. A suspended sentence still counts at its original length.

A conviction can also close a door that might otherwise be open. 8 U.S.C. 1229b lets a judge cancel removal in some cases, but an aggravated felony bars that relief for a lawful permanent resident, and a conviction under 1182(a)(2), 1227(a)(2) or 1227(a)(3) bars it for most everyone else.

Why does California make the court give a warning before a plea?

Penal Code 1016.5 requires a judge, before almost any guilty or no contest plea, to say this on the record, word for word: "If you are not a citizen of the United States, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States." A missed warning lets a judge vacate the plea, but only if the conviction may actually carry one of those three consequences. Senate Bill 281, effective in 2026, added a narrow exception: for a plea taken before January 1, 2026, giving the warning in substance, without the exact wording, is not by itself grounds to vacate.

The same idea reaches further than the judge's own words. Penal Code 1016.2 codifies the United States Supreme Court's ruling in Padilla v. Kentucky, 559 U.S. 356, 374 (2010): "we now hold that counsel must inform her client whether his plea carries a risk of deportation." Penal Code 1016.3 makes that a defense counsel's job under California law, and asks prosecutors to weigh immigration consequences during plea talks.

Can an old San Francisco conviction be fixed once it causes an immigration problem?

Sometimes. Penal Code 1473.7 lets a person no longer in custody move to vacate a conviction for any prejudicial error that damaged their ability to meaningfully understand, defend against, or knowingly accept its immigration consequences. A separate finding of ineffective counsel is not required. The deadline is not a simple one-event rule: it runs from the later of a notice asserting the conviction as a basis for removal, or for denying an immigration benefit, lawful status or naturalization, or a notice that a final removal order has issued. Reviewing a plea for its immigration consequences before it is entered avoids needing this motion in the first place.

What immigration services does the firm handle for San Francisco clients?

San Francisco clients of the firm bring asylum cases, EB-5 investor filings, adjustment of status toward a green card, and citizenship and naturalization applications, along with the firm's family-hardship Waivers 601 and 601(a). Those are USCIS form numbers, Form I-601 and Form I-601A, not sections of a statute. For removal proceedings, the firm handles Cancellation of Removal 42(b) or 42(a), the EOIR forms tied to the real statute, 8 U.S.C. 1229b, and a motion to reopen or reconsider if that application is denied.

Special Immigrant Juvenile Status, 8 U.S.C. 1101(a)(27)(J), protects a child a juvenile court has found cannot safely return to one or both parents because of abuse, neglect or abandonment, where going back to the home country would not serve the child, and DHS consents. The firm also handles T Visas for trafficking victims and U Visas for other crime victims. 8 U.S.C. 1184(p)(1) requires every U Visa petition to carry a law enforcement certification; it is not optional. A criminal protective order is a related but separate service the firm offers, not a U Visa requirement.

For a conviction that already stands, the firm handles post-conviction relief such as sealing records and certificates of rehabilitation. Those help outside the immigration case. Under the BIA's decision in Matter of Pickering, 23 I&N Dec. 621 (2003), a conviction vacated only for rehabilitation or hardship reasons "is not eliminated for immigration purposes." Only a vacatur for an actual legal defect, through Penal Code 1016.5 or 1473.7, changes the immigration result.

Frequently asked questions

Can a misdemeanor conviction in San Francisco actually make me deportable?

Yes, in the right circumstances. A misdemeanor domestic violence conviction or a controlled substance offense can trigger deportability under 8 U.S.C. 1227(a)(2) on its own, without any felony involved.

My San Francisco case went through a diversion program instead of a conviction. Could it still count?

It depends on exactly what happened. Under 8 U.S.C. 1101(a)(48)(A), what matters is whether a judge entered a formal judgment of guilt, or found facts sufficient for guilt and ordered some penalty, not what California calls the result.

Does a suspended sentence in San Francisco protect me from immigration consequences?

No. 8 U.S.C. 1101(a)(48)(B) counts a suspended sentence at its full original length for immigration purposes, regardless of time actually served.

I was never warned about immigration consequences before an old San Francisco plea. What now?

Penal Code 1016.5 covers a missing court advisement. Penal Code 1473.7 covers a broader set of problems, including bad advice from the defense lawyer, and either one, or both, might fit a given case.

Does a U Visa case always need police cooperation on paper, or is helping informally enough?

The law requires a written certification. 8 U.S.C. 1184(p)(1) requires a certification from a law enforcement official, prosecutor or judge before a U Visa petition can go forward.

Can cancellation of removal fix any conviction?

No. 8 U.S.C. 1229b(a)(3) bars it for a lawful permanent resident with any aggravated felony, and 1229b(b)(1)(C) bars it for most other people with a conviction under 1182(a)(2), 1227(a)(2) or 1227(a)(3).

Talk to a lawyer about your San Francisco case today

Whether the case in front of you is a new San Francisco charge, an old conviction causing a new immigration problem, or a green card or citizenship application an arrest has complicated, the Law Offices of David S. Chesley offers a free consultation, is available 24/7, and offers payment plans. Call (800) 755-5174 or use the firm's consultation request form to go over both sides of the case together.