Immigration Process

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May 28, 2010

6 Tips on Hiring an Immigration Attorney for a Green Card

It’s quite important for earning permanent resident status to hire an immigration attorney who can walk you through eligibility requirements, applications, and filing. It’s not free, but it’s more than worth the price in most cases. However, not all attorneys are good fits for your case. Let’s find out who you should hire to get your green card.

1-Specialties
The first tip is that your attorney has to specialize in what you need. Just having done a few cases before is not good enough. You need an attorney with years experience in immigration. Hiring someone just because they’re friend or family often does not work out. You need someone who’s effective in handling eligibility requirement, applications, and handling complex cases.

2-How Many Cases?
How many cases is your attorney helping with now and how many in the past? This is one of the biggest points to consider. This shows you they have experience or don’t.

3-How Much Time?

Also, you want to make sure even the best immigration attorneys actually have the time to spend with you. Ask them specifically if they’ll be handling the case, how much time they can spend on it, and what help they can provide in case of any problems.

4-What Help?
Beyond a good immigration lawyer is often some other experienced attorneys and law professionals. This is not  to say that a sole lawyer is bad, but often if they have several helpers in the firm, no matter its size, mistakes are easier to catch. For green cards, the eligibility requirements greatly effect your chances. Also, filing applications incorrectly even if you’re being sponsored can delay the process. Sometimes one lawyer simply won’t have time to double check everything. With more eyes on your case, you need not worry about mistakes.

5-Citizenship Too

You also want to be able to move beyond just getting a green card. Earning permanent residency status has many advantages, one being the opportunity to apply for citizenship in the future. The good news is, with an experienced attorney on hand, you can save time and money for successfully moving from permanent resident to citizen. The process can be complex and has many eligibility requirements, but many permanent residents become U.S. citizens every year.

6-Save Time and Money
Finally, if you want to save time and money, hire the right attorney the first time.  He or she can be a partner in helping you earn a green card, successfully apply for citizenship, and follow all laws along the way. If you are unsure of laws, you can save legal trouble by asking your attorney. If you fail to meet requirements for a green card, your attorney can specify what you need. Finally, your immigration lawyer can give you the opportunity to successfully live, study,and work in the U.S.

May 26, 2010

Problem – You Hired the Wrong Immigration Lawyer

The immigration process is taking forever, you’re unhappy with how it’s going, and maybe your lawyer is overcharging you. Can you fire your lawyer? What if they made mistakes in your case? Are they breaking laws?

Can you fire your lawyer?

Yes, at any time, if you are unhappy with your immigration lawyer, you can fire him or her. You are still liable for any fees the lawyer has charged up to that point, but no future fees. In  most cases, there is no problem with firing your lawyer. If your immigration process is ongoing, it may be problematic to change lawyers. However, if you are very unhappy, it’s allowed.

Who do you hire next?
How do you hire your next lawyer to take your case? Obviously something went wrong with the first lawyer, so you might want to query several. If time isn’t on your side, take a day to query lawyers asking for fees, experience, and availability.

What if the lawyer failed in the case?
You might also ask if the lawyer is promising your immigration process will be very easy. In legal terms, you can always face the problem of failure. If a lawyer is promising the world, consider that no case is perfect and a winner until the end of it. If you get your green card or earn citizenship, it is a success. But if be careful if the lawyer is promising it will be very easy. In most cases, it will take time and effort.

How much does an immigration lawyer cost?

Lawyer fees vary depending on time involved. You should query more than one and check their rates for your specific situation. You will likely get an average rate.

Should you hire the cheapest?
You should not hire neither the first lawyer you find nor the cheapest. Be thorough in searching.

What if your lawyer fails to stay in contact?

If your lawyer fails to stay in contact with you, it might be wise to consider other counsel. After all, this is your future on the line. Bad communication does not make them bad lawyers, but it hurts your process and can cost you time.

What if your lawyer is unethical?

If your immigration lawyer is acting unethically, you have many options. This includes punishment such as suspension, or even disbarment from law (where they can no longer practice law). If you’re worried your lawyer is breaking laws and putting your case in jeopardy, you should contact  a local attorney. If you are not in the country, you may contact the local U.S. consul for assistance.

What’s the difference between the right immigration attorney and the wrong one? The right one cares about you, spends significant time on your case, and does not overcharge you. And you’ll know a bad one when you work with them. The good news is, you can always get a new one.

May 24, 2010

What Does an Immigration Lawyer Do?

Immigration lawyers, especially the best, earn their pay by giving you results. That’s the whole point: getting your green card or U.S. citizenship. How much is that worth?

Figure that with a green card you are not only allowed to live in the U.S.,but also study and work. Consider that citizens of the  U.S. are eligible for work benefits, can vote, and can serve in  the  armed forces. Some of these may sound small, but they are in fact priceless opportunities.

If you can live and work in the U.S., you have more options  than  the majority of the world. You are eligible for the best jobs in the world, you have the most rights, and you can be vocal in your opinions by voting. Some of these things can be argued, but simply put, successful immigration to the U.S. gives you opportunities.

So let’s get back to the question of the title, what does an immigration lawyer do?

Assist Clients in Crisis
If you are in a crisis situation where you feel you might be deported because of breaking laws, or you fear for your rights in some other way, an experienced immigration lawyer is your best option. He or she can protect your rights, help you navigate laws, and fight for your right to fair treatment.

Refuge and Asylum Applications
Another service immigration lawyers do is help clients apply for refugee and asylum applications. If you want to apply for asylum you often need to work with a human rights organization. An immigration lawyer can help with this. Also, if you escaped  a country and are now in the U.S., you still have the option to apply for asylum status.

Assistance for Businesses
If you’re interested in working with a U.S. company but are a resident of another country. In this case,the business will often pay for the immigration lawyer, sometimes hiring a specialist for all their out-of-country hires.

Green Cards
If you want a green card, an immigration lawyer is invaluable. Over 1 million new immigrants were made permanent residents in 2009. However, many are rejected every year too. If you”re unsure of eligibility, you may want to hire an experienced immigration lawyer to help. If you have been rejected, you can try again. There are many ways to get a green card, but if you aren’t eligible, it won’t matter.

Citizenship
The dream of many is to do more than live and work in the U.S.,but to also live here permanently. It’s easy to see why: state of life, jobs, rights,and education are some of the best in the free world. In 2009, over 1 million immigrants were also naturalized, becoming U.S. citizens. However, it’s very hard to do so without an experienced lawyer, especially if you are not a permanent resident (most immigrants are first permanent residents and then naturalized).

Questions
One of the most important jobs of an immigration lawyer is to answer any and all questions pertaining to this process. How long will it take to get your green card? What if you fail to renew your green card?  What are your chances of earning U.S. citizenship? An experienced immigration lawyer saves you time and money by answering these questions.

Laws
An immigration lawyer also helps you know, understand, and follow the laws of the United States. This is very important. For example, if you’re a permanent resident but are charged with a felony, you may be deported. If you are living illegally in the U.S., you  need to immediately make some decisions. An experienced immigration lawyer can help with these problems and more.

How to Hire One
How do you hire an immigration lawyer? It’s the same when you look to find a job: you query several. You look for experience. You look for someone who spends a lot of time helping immigrants just like you.

May 21, 2010

How Many Immigrate to the U.S. Every Year And Why?

The records are being broken every year in the 21st century in terms of immigrants deciding to pack up and live the dream. But how many people have really immigrated to the U.S. in past years? Why is it growing? What are the advantages of living here legally, and of U.S. citizenship? Let’s find out.

How many immigrate to the U.S. ever year?
The numbers vary, but a recent government study said over 1 million people became legal residents of the U..S in 2009. And over 1 million legal residents of the U.S. became naturalized U.S. citizens in 2009.

Where are they going?
Historically, New York was the big draw for immigrants, and it still is. However, since the majority of new legal residents and naturalized citizens come from Mexico, they often live in California. That does not mean Mexicans are immigrating in the hundreds of thousands to just one state, but Mexico sends the most immigrants too the U.S. ever year. And because of this, and for other reasons, California has been the #1  place for new immigrants and citizens to live.

How many illegal immigrants are there?

This is a tough subject, but it bears a consideration in the current debate over illegal immigration. Some estimates are that about 20 million illegal immigrants are in the U.S. However, other studies consider that too high and the real number currently over 10 million. Also, still more studies have pointed out illegal immigration is declining.

Why are they coming to the U.S.?
The U.S. has been an open door country throughout its time. Immigrants have come to the land of opportunity for, well, opportunities. Some fled from persecution, others wanted better jobs, others simply wanted the better system of government, and some wanted to simply live in a better area for their children to grow up.

Immigration has always had an impact economically, socially, and politically on the U.S. Even back in the 19th century, when Irish immigration was considered a problem, there were calls for closing borders.

Why leave borders open?

Since this country is technically all immigrants, that’s one argument. The other one is that immigrants are taking jobs, breaking laws, and have no understanding of how the country works. Still others point out illegal immigration is costing in other ways.

Why naturalize citizens?
For immigrants, becoming naturalized U.S. citizens is the dream. If you want a better life for your family, it’s a dream. For those of us who are already U.S. citizens, it may be easy to say these citizens are taking opportunities, school desks, and money away from us. They are also spending money, creating jobs, studying to get better jobs, paying taxes, and serving in the armed forces.

Need immigration help?

Finally, you want to live in the U.S. — you want the dream. What’s the first step? You hire an immigration lawyer to first help you earn a green card and then apply for U.S. citizenship.

May 19, 2010

What If You Hired the Wrong Immigration Lawyer?

Search online, in phone books, and via references for immigration lawyers and you’ll be staggered by the shear number of them. That means for every immigrant, there is an available lawyer. There is nothing wrong with this at first, until you find out your lawyer is handling far more cases than just you, or has just started his or her business, has little relevant experience, and pretty much just wants your money.

First it should be said not all immigration lawyers nor lawyers will do this. There are as many good lawyers as bad ones. How do you tell the difference? And what happens if your lawyer’s failure to follow laws hurts your own immigration status?

The Big or Small Firm
One big complaint heard in immigration law is that 1) the company who handled you treated you like a number and 2) the local small firm would have charged less. In fact, some of the bigger firms can have lower prices. Still, individual lawyers or small firms can sometimes give you the personal touch a big firm cannot.

So how do you choose between a large firm, a small one, or an individual lawyer?

The Price or the Overprice
You can choose via price. Again, being a major company or a small firm makes little difference inside the court room. It can vary in price both ways. You can narrow down your list immediately by inquiring on price.

Saving Time Searching for Immigration Lawyers
You can also save time by  inquiring on experience, availability, who will be handling your case, and how fast this process can be. If you hire the wrong lawyer, it can cost you thousands. So if it sounds too good to be true, if the deal is almost too good, be careful.

Are Referrals Good?
Referrals rarely working out in the field of law, especially immigration law. You should do your own ground work in querying immigration lawyers. If some happen to be referred, that’s fine, but referrals can waste you time and money.

It Gets Bad
What happens if you follow all these points–or don’t–and still get an inexperienced and unprofessional lawyer? While it may seem bad, firing a lawyer is part of the profession. He or she is only there to help; you are paying good money to get this done correctly, and you want an experienced and professional lawyer. You also want success.

Success with the Second Try
The good news is there are some very experienced, knowledgeable, and effective immigration lawyers.  In order to save money, never hire too early. Hiring the first lawyer you consult with rarely works. Hiring based on referrals all too often is a bad move. Choosing between big and small law firms should be made based on price and who exactly will be handling your case. Once you understand that, then you, your friend’s, or your family member’s immigration process will be easier.

May 17, 2010

What is Immigration Reform?

What is immigration reform and why is such a BUZZ word online?

Well, if that got your attention, let’s go beyond buzz and call it a full fledged debate. Instead of giving you a history lesson on immigration reform, let’s just get right to the point. What is immigration reform? How does it effect you? And how will they effect immigrants?

The Basics

“Immigration Reform” is a new campaign getting a lot of press. Type the word into Google, you’ve got a variety of opinions from the right and left (let’s include the middle too). There are some  defining immigration reform plan currently proposed by senators and President Obama. The problem is the so many different opinions floating on the web. There is bias all over the place.

So what is exactly do these new laws mean? The main problem addressed are the millions of undocumented workers across the U.S. (estimates say as many as 20 million). These are the driving forces; some are calling for them to be forced to leave, others calling for them to be allowed to stay. Immigration reform is the divide the sides are fighting on.

President Obama called 2010 the year for immigration reform. Some are concerned not enough action is occurring. Still more highlight how the reforms are changing to pander to the right in order to successfully pass.

The main goals involve border security, work site enforcements, guest worker programs, improving the current immigration system, and adapting the naturalization process.  Obama has clearly stated he is not for forcing millions of undocumented workers to leave the country, but he’s also making a point that immigrants undocumented are going to have to work within the laws. This includes learning English and paying a fine for staying in the U.S. illegally. But again, not to force them out.

This is good news for immigrants, because in most cases if you’re here undocumented, you can stay. And for  currently legal immigrants, only changes to becoming citizens will have an effect.

Border Security
The main goals of border security may be a means to play both sides, but it’s a problem with few options other than to tighten the security. This mans increasing the number of border patrol agents, adding hundreds of miles of fencing and vehicle barriers, ending the “Catch and Release” policy, and a list of other changes. To put it simply, the goal is to stop illegal immigrants from entering via the Mexico border.
Worksite Enforcement

All workers must hold legal status in the U.S. That means punishing companies who allow illegal immigrants to work there, and more.

Guest Worker Programs

This will reform seasonal worker programs to be more efficient in keeping undocumented immigrants from entering and staying.

Immigration System
Since the U.S. is still under threat from potential terrorists, the FBI will be working to reform the immigration system to better protect the borders. If illegal immigrants have easy access to entering the country, even if they intend no harm, it might open the door for enemies of the U.S. to do the same.

Naturalization
Lastly, the naturalization process will be reformed. This may come with some fighting, especially from senators in high immigrant states. The tests are designed to improve understanding of U.S. democracy, laws, and values. If you lack knowledge on becoming a U.S. citizen, you may want to read this POST.

This is by far not the whole story, but it’s a good start.

May 16, 2010

How to Understand Immigration Law – And Where to Find the Laws

Immigration to any country is complex, but even more so in the United States. There are many laws designed to not only protect the country but to keep it economically strong. Because of that, immigration laws can be strict.

Where do you find these laws?

Reading a blog like this is a very good idea. Also, researching online in general can save you time. However, federal laws can and do change. While this blog researches topics, other blogs may use older sources in what they publish.

Since U.S. Immigration laws are the same wherever you are — if you’re living in Kenya or if you’ve just arrived in New York — you should have no problem finding and evaluating the laws.

For the U.S. Immigration laws, you can go to Title 8 of U.S. Code, or to the INA (Immigration and Nationality Act). You can find the Title 8 of the U.S. Code here: http://codes.lp.findlaw.com/uscode/8

There are many references on the web to these laws. Just bear in mind, you should be looking at either 1) professional law sites and/or 2) government sites which post the laws.

But how do you understand these laws?

Reading these laws can be very hard. The old story is, you hire someone who knows more than you — in this case, an immigration lawyer. But U.S. immigration laws are perhaps the most complex of any law in the country. Some lawyers have trouble answering direct questions, even after looking at the law. That said, if you hire a lawyer who has 10 years experience and you have none, it can be very beneficial.

What if you have questions?
If you have questions, the web is a good place to look. If your questions cannot be answered in a simple search, you may reference law blogs like this one, read documentation, and ask lawyers.

Should you buy books?
If you have troubles reading and understanding the English language, buying a book may or may not help. However, many top sites offer information pamphlets for small prices to practically nothing. These can help you.

What can a lawyer do?
If you truly want to understand U.S. immigration laws, all these steps are good. However, they are only a supplement to hiring a professional immigration lawyer. If you have trouble reading English, if the laws are confusing, if you want to avoid mistakes, hiring counsel is very advantageous.

An immigration lawyer costs a lot of money, right? Just think about all the benefits of getting a green card (being able to live, study, and work in the U.S.) and citizenship (the right to live permanently in the U.S., work the best jobs, serve in the army, and vote).

May 12, 2010

What is the Immigration Law and Control Act?

There are many laws designed to help immigrants successfully live and work in the U.S. While in history many countries have closed their borders to immigrants, these laws are perhaps one of the fairest Acts of Congress.

That may seem to be overblown, but look at the problems we have today and compare them to what was happening. People now understand, because of the news and because of laws, most of the rules when it comes to treating new immigrants.

This is not to say immigration is always beneficial for the U.S., but it does mean fairness and equal rights are what differentiates this country.

What is the IRCA (Immigration Law And Control Act)?

First, why is treating immigrants fair beneficial for all of us?
-Immigrants bring culture, values, and unique talents to the U.S.
-Immigrants are very often valuable workers.
-Immigrants and their new culture can strengthen our own culture.
-Immigrants can bring money and jobs into the country. The myth is that all immigrants are poor and jobless.

These benefits have arguments. Immigrants can take jobs, fill college seats, and sometimes break the law. But few benefits are without downsides.

Now, the question Congress asked was how immigrants should be treated. In 1986, an Act of Congress signed by President Reagan put into motion the IRCA.

What is the IRCA?
The IRCA governs companies and how the hire, fire, recruit, or refer immigrants. if you just moved into the U.S. and have a green card, you are protected under this law. Let’s go over it in detail.

When hiring, discharging, or recruiting, employers may not:
-Discriminate based on national origin, no matter if the prospect is a U.S. citizen, national, or authorized alien
-Discriminate based on citizenship status citizens, nationals, and aliens who are permanent or temporary residents, refugees, or asylees

There is more to the laws, but in essence the IRCA governs on how employers handle workers. Of course, if someone you hire is an illegal alien, that is another matter. But you cannot discriminate based on origin or citizenship.

Another law governing employers is the I-9 Form. What is the I-9? It’s a paper which establishes how you plan to hire new employees. It’s required in order to hiring individuals, and notes how you cannot rule out permanent residents because they are not U.S. citizens.

There are many steps to this, and we’ll be going over them in the future. For immigrants, the important thing to remember is you have rights, but sometimes you have to fight for them. If you feel you’re being discriminated against because of national origin or because of your citizenship status, you have a right to appeal in court.

May 10, 2010

Common Questions on Immigration Law

No matter your reason for wanting a green card, U.S. citizenship, or following U.S. laws, there answers to the many questions you might have.

Why wait? Let’s get right to the common questions on immigration law; you can also ask your immigration attorney for more details.

How can you get in the U.S.?
This may seem to be an obvious question, but many aspiring immigrants believe getting into the U.S. is completing a series of forms and a getting pass to do what they want.

That’s just a myth from not being educated on the U.S. immigration process. You cannot just to go to a U.S. embassy and ask for a visa, green card, or to become a U.S. citizen. It takes time, paperwork, and some money to get this done. If you’re completely unaware of all the laws, you may consider consulting with an attorney.

What is a green card?
A green card, also called permanent residency status, allows you to live and work within the United States for up to 10 years time. You have many rights, can apply at schools, and can get jobs. However, it’s a step lower from U.S. citizenship, which offers better opportunities for benefits, the option to live here as long as you want, and the chance to vote in democratic elections.  You can, however, travel, work, and do many things U.S. citizens can. Most immigrants first become permanent residents, then get citizenship.

What is a temporary visa?

If this all sounds too hard and you have no intention of living in the U.S., you can get a non-immigrant visa. The most common use of a temporary visa is to work and study in the U.S. These visas are also given to tourists.

How do you get a visa?
You can get a visa at the U.S. consulate in your country. If you’re currently traveling in the U.S. legally,you can apply to become a permanent resident (getting a green card).

What is naturalization?
Naturalization is another word for becoming a U.S. citizen. You’re an immigrant who’s earned citizenship.

How do you apply for citizenship?

The most common instance to become a U.S. citizen is by first getting a green card. If you have family who are citizens, you can apply through them. You can also do this through a spouse who is a citizen. If you have multiple family members in the U.S., you may consider filing several applications through them, which may help speed up the process if they’re delays in one or two of the applications.

What if you break the law?
If you break U.S. laws, depending on how serious, immigrants can be deported. Even if you have a green card you can be deported. Technically, U.S. citizens have the right to stay in the country even if they break laws.

Who can help you with all these laws?
If you still have immigration questions, an experienced lawyer can walk you through the process. This guide is no substitute for the advice of professional counsel. So how do you hire counsel? Look for someone with the time and experience who can help you. You have many options online.

May 7, 2010

What is Naturalization?

One common question we hear is, just what is naturalization?

But to answer that question, you have to know what immigration law, immigration visas, and green cards are. This post will educate you on immigration law, but if you have more questions, feel free to contact us or comment.

What is immigration law?
This is a federal guideline (or law) used by the United States government in regulating travel and residency here. That means the U.S. government is the first person you go to if you want to stay, work, and permanently live here. Also, under federal law you can be deported if you break immigration law.

What is an immigrant?
An immigrant either 1) wants to live for an extended period in the U.S. or 2) wants to live here permanently. If you get a green card, you are considered a permanent resident.

What is an immigrant visa?
This is authorization to stay in the U.S.. after qualifying for permanent residency.

What is a green card?

A green card is given to you if you qualify for permanent residency status. If you want to become a U.S. citizen, in most cases you first need to be a permanent resident. A green card lasts 10 years and allows you to live and work in the U.S. You do have to reapply after 10 years, or apply successfully for citizenship. You can apply for a green card with an immigration attorney’s help. You can technically be deported for breaking U.S. laws. The good thing is you are eligible to stay, study, and work in this country, and you can sponsor other family to do the same.

Now, what is naturalization?

If you are naturalized, that means you are a legal citizen of the United States. This is the dream for many immigrants, especially in dangerous, economically weak, and unstable countries who want the opportunity to live, study and work in the U.S.

How do you become naturalized, a U.S. Citizen?

You can apply under one of three steps.
1-You have been a permanent resident for five years
2-You have been a lawful permanent resident for three years, have been married to a U.S. citizen for those years, and you continue to be married.
3-Or, your parents are U.S. citizens. If you are under 18 years of age and your parents are citizens, you are automatically a U.S. citizen. Otherwise you can apply with a good chance of success.

Will your children be U.S. Citizens?
If you have a child and you’re a U.S. citizen, he or she is automatically considered to be naturalized. The limit is 18 years. If you were just naturalized and you have a 20 year-old son, for example, he can be sponsored through you but he isn’t automatically a citizen.

What’s the first step?

The first step in becoming a U.S. citizen is to do some research and ask for help. An experienced immigration attorney can help you get a green card, become a U.S. citizen, sponsor family, and reap all the rewards of living and working in the United States.

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