The controversial Arizona law and “amnesty debate” are very divisive issues with people on both sides of the issue – not to mention both political parties. Is there a middle ground? This blog isn’t designed to provoke issues, but let’s consider what illegal immigration is, what amnesty is, and what each means for immigrant rights.

What is illegal immigration?
To U.S citizens, illegal immigration evokes images of Latin people climbing fences and running across borders. Of course, that’s the main point of disagreement for both sides. Illegal immigration is being an undocumented individual living in the United States. You have no visa or green card; you managed to get here illegally; and you came for a variety of reasons.

Why come to the United States?
Let’s face it: most U.S citizens are descendants of peoples who wanted to get a better life for themselves and their families (though you can easily bring up slavery and the choice involved there). It’s the same with illegal immigrants today. Only, it’s not the gold rush, or potato famine, or a world war today. Most illegal immigrants are Mexicans who cross over looking for a better life. There are jobs in Mexico and other Latin countries, but there are simply more opportunities here in the U.S. Even in   touch U.S. economies, illegals cross the border, quite often with families, just to get a minimum wage job which pays twice what they might get paid in Mexico or another country.

What is Amnesty?
Amnesty, without going into dictionary terms, involves the debate on whether these illegal immigrants should be given the right to stay in the U.S. So, if one man and wife crossed the border, worked some jobs, but never applied for a green card, there options would either amnesty, being given the right to stay, or being deported.

There are arguments on both sides. It’s clearly a controversial issue, but many are ignoring what amnesty can bring to this country. You can still make the border stronger so potential terrorists, drug dealers, and criminals can be kept out. Drug running is a major problem with the current system, there’s no doubt. But perhaps amnesty can also bridge the gap between the two sides. To be frank, Latinos are becoming a very big part of our country. In order to bridge the gap, amnesty can save discussion for other major issues.

Yes, illegal immigration is one of this country’s major problems. Illegal drug and human trafficking is also a clear violation of law. Yet working undocumented illegals should be given the opportunity for a better life.

If you’re interested in moving to the U.S., be smart and do so legally. You can be sponsored by a relative currently here with a green card. If you’re unsure of the process, contact an immigration lawyer.

If your spouse or another family member wants to immigrate to the U.S, you have the right to sponsor them via an immigration petition. You can technically sponsor all family – this includes parents, unmarried children, and in some cases stepchildren.  What happens is you apply for your spouse’s visa via the Immigration and Nationality Act, and then it goes to the USCIS. The USCIS, United States Citizenship and Immigration Service, will review the petition and decide whether to approve the visa.

Say you’re just married, your spouse is British, and you already have children. You can sponsor both your spouse and your children, but you’d have to file an I-130 petition for each member. This means you’d have to file this petition more than once.

The visa petition for your spouse or other family members is the first step in getting a green card. Upon marrying, the current U.S permanent resident would sponsor the spouse for a visa. Using the British example, say you just married your spouse, and want her to be able to live in the U.S. In order to do that, you must start the process for your wife by sponsoring her. She cannot do this herself; you have to file a visa petition. In legal terms, you would be the petitioner because you’re sponsoring your spouse, and she would be the beneficiary (which pretty much sums it up: they benefit from the petition).

A visa petition can seem complex, but in most cases sponsoring your spouse for a visa is relatively easy. The best thing you can do is consult legal information like this and hire a professional immigration attorney.

Once you marry, it’s time to file a visa petition for your spouse, or for your spouse to sponsor you if you’re not a resident. You need proof of marriage in order to sponsor or be sponsored. It’s the same with family member. If you just married, proof of a legal marriage is enough. If you’ve been sponsored by your mother for a family based visa, your mother could show your birth certificate as proof of relation. It may seem odd that this proof is needed before the process starts, but really should not be a problem if you’re your completely honest.

The final step can be the most time consuming – you have to wait. Although family members and spouse visas are given priority, you will be put on a waiting list in order to finalize your permanent resident status. The problem is only a certain number of green cards are awarded each year, and you’ll have people ahead of you. However, for a spouse visa, the process is much faster. You are given a priority and you can save months in waiting. It’s the same case if you are sponsoring a child or other immediate relative.

If you’re worried you’ll make a mistake in the process of getting a green card, it’s time to start taking action. You first need the guidance of a professional immigration lawyer who has the experience to make your case strong. If you want to be a permanent resident, later becoming a citizen, it’s time to know how to make it happen

Let’s go over 10 tips you’ll need in the green card process.

Hire an Experienced Immigration Lawyer
It bears mentioning again. You need professional counsel for your best chance at success. This means hiring someone you can trust to handle your case. A lawyer can be invaluable in saving you time and money. There are many firms online showing all their experience. Do not rush this part of the process.

Follow the Forms
You will be working with the the U.S. Citizenship and Immigration Service (USCIS), filling out forms to apply. Follow all the guidelines on the document. If there is a question you are unsure of, consult with your lawyer. Never leave questions blank. Be thorough and have your lawyer check your forms.

Ask Questions
If you’re unsure of any part of the process, you can ask both the USCIS and your lawyer. There are no bad questions.

Ask for Help with the English Language
If you have trouble with English, you can ask for an interpreter. The USCIS will not reject you simply because English is your second language. You can get help.

If You Are Rejected
If you are rejected, that does not mean you have no chance of ever getting a green card. If there is trouble with your documents, if you’ve broke U.S. Laws, if you did not follow USCIS instructions, you need your lawyers help.

What to Tell Your Attorney
Tell your lawyer everything you can. This means that if you’ve been denied entry into the U.S., if you’ve failed to get a green card in the past, or if you broke laws, you need to tell your lawyer. It does not always mean your case won’t go through.

Avoid Crime
If you do commit a crime, even minor, it can hurt your case. The green card process can be difficult for those who break U.S. criminal laws. If you were here illegally, for example, you might have trouble getting your green card without proper guidance.

Never Lie
Be as honest as you possibly can be. Never lie to the USCIS or to your lawyer. Just because you make some mistakes does not mean you should make another. If you lie to the USCIS, it can severely hurt your case. You likely will not become a permanent resident.

If You Need Financial Assistance
If you’re going to be applying for public assistance, speak with your lawyer about this first. If the USCIS feels you will only be here as a public charge, they may delay or reject your application. This is not to say you lie, but that you speak with your lawyer first.

Follow the Rules
You  know not to lie, to fill out the necessary documentation, to hire a lawyer, but you should also know that if you break any major rules in the green card process, you risk losing your opportunity. If you’re unsure of the green card process, that’s what your lawyer is for.

Paying taxes and not being a U.S citizen may seem odd, but there are clear reasons for it. While not all visa holders have to pay taxes, if the  government feels you are a tax resident, you must file a return. All permanent residents – those with green cards – are tax residents and must pay taxes. This post shows you how it works.

Green Card and Taxes
First off, a green card means you are a permanent resident of the U.S, that you are allowed to live, study, and work here, and that you can sponsor family for green cards. It also means you are a tax resident. All green card holders must file a form 1040 every year. This may seem difficult if you cannot read and write English well, but you can claim your income very easily with the help of a tax lawyer. Every year, you must file your 1040 claim by April 15th. What happens if you don’t? You can lose your green card and be deported, though it’s not always that way. If you’re unsure of tax laws, on what to claim and what not to, you need the help of an experienced lawyer. An immigration lawyer can often refer you to someone. If you made little if any income, it’s often very easy to claim what you were paid. You’ll get pay pay stubs from any job you’ve had most cases, and this will be your proof of income. And since taxes are likely taken out of your check, you may get money back. These are complex laws, so get an experienced lawyer if you’re unsure.

Visa Holders Who Pay Taxes
If you have no green card, you still may have to pay taxes. This all depends on how much time you’ve spent in the U.S. in previous years. If you’ve been in the U.S for 183 days of the current year, you must pay taxes. If you’ve spent 183 days here in the past 3 years, you are also a tax resident. This can be complex. For example, in your current tax year, if you spent less than 30 days n the U.S, you pay no taxes. But if you spent close to 183 days in the past 3 years, you may have to pay. In the cases where you spent less than 183 days in the U.S, what happens is the days you spent here in previous years are lowered. For example, for the previous year, every day you spent in the U.S. Is a fraction of the total number: you count only 1/3 of a day. Therefore, if you spent 90 days in the country last year, that only counts for 30 days.

Yes, visa holders and taxes are much more complicated. It’s very smart to hire a tax lawyer in these cases. You can often go without one if you are a permanent resident, but it can be very helpful.

If you still have questions, you may want to ask your immigration lawyer. If you don’t have an immigration lawyer, consider the importance of staying in the U.S, how one can help your family immigrate, and how one can help you earn citizenship.

Getting green cards through family is very common, but sometimes misunderstood. Clearly there are some laws you must follow, some tips which can save you time and money, and major benefits for you and loved ones if the petition for permanent residency status succeeds. Let’s answer some family based immigration questions.

What is a green card?
A green card allows you to live, study, and work in the United States. You are considered a permanent resident, though you will have to reapply every 10 years. There are many benefits: you can live here, study here, find jobs here, and petition for other family members to come too. It’s also the first step in earning U.S. citizenship.

What is citizenship?
Citizens of the United States have the most rights. You no longer have to file every ten years to stay in country if you’re a citizen. You can vote. You can pay taxes (technically you do with a green card too), making you eligible for benefits like Social Security and medical coverage. You can also travel when and where you want for the most part, with no difficulty in reentering the country; also, you can live somewhere else and still return to the U.S. as a citizen. If you only have a green card, it can be difficult to travel in and out of the country, and if you leave for extended periods, you may have to reapply. Citizenship for immigrants most often comes after first getting a green card.

How do you get a green card?
One of the most common ways to earn a green card – permanent resident status – is to apply through family. Technically, you have a better chance of an early decision with family based petitions. This is because family based petitions are put ahead of others. For example, if you are  a U.S citizen, you can sponsor your new spouse. This will be a much faster process than if you sponsor a distant relative. In other words, family based visas and green cards carry more weight the closer to you they are, or the closer the one you love is. If you are in need of being sponsored, your best options are to be sponsored by your spouse, parent, or sibling.

The Rules on Petitioning for U.S Citizenship
You can petition based if you are a U.S citizen under the following rules. If you want to be petitioned, this applies to you as well.

-You can be sponsored or you can sponsor via your spouse. You can also sponsor a child under 21.
-Your parent can sponsor you if you are at least 21 years old, or if you’re the parent you can petition an adult child.
-You can sponsor your unmarried child over 21, or their children.
-Finally, you can sponsor a sibling and is or her spouse and children (as long as you are over 21).

If you have a green card, or your loved one does, the rules are you can petition your spouse or your child under 21. Lastly, you can sponsor your unmarried child under 21 years.

How to Start
To get this process going, knowing the laws is one thing, but following them is another. You need an experienced immigration lawyer to help with your case. A lawyer can make sure you follow the above rules and more, giving you and your loved ones the best chance of getting green cards and eventually U.S. citizenship.

Isn’t it always great when you have a friend you can always count on when your car breaks down or you just need some help? It’s great to count on people, because some things you cannot do all by yourself. Take immigration law. If you want to immigrate to the U.S, get a green card, apply for citizenship, and enjoy all the benefits, you may think it’s just filling out some paperwork, showing you’re a good and honest person, and paying a minor fee. It’s far more difficult than that. It takes time.

And hiring an experienced immigration lawyer saves you time. How?

The Best Help is Timely
If you need immediate help, surfing the web may just create more questions than answers. While reading law blogs and reference sites is good, it does not replace the experience of an immigration lawyer. This is because the laws change all the time.

Changes to Law
What if the immigration laws just changed yesterday, but you do not know? An immigration lawyer’s job is to find these things out immediately. When you hire him, he or she will find out how any changes might effect you. You can’t pay enough for that kind of help, because it can mean the difference between failure and success in your application to live in the U.S.

The Best Choices
You need to make some choices when it comes to immigrating, and these take time. If you hire a lawyer, he or she will save you time by consulting with you on key decisions. This could include your history in the U.S., what to study for the naturalization test, and what to do if your application is rejected.

Represent You
While representing yourself is possible, you can save time in your interview process with a lawyer. If you appear before the USCIS (United States Citizenship and Immigration Service), your lawyer can represent you. Of course, representing you also means doing far more. If there are problems with your past or your application, your lawyer will know exactly how to fix them.

Avoid Delays
An immigration lawyer can be your counsel for years. For example, your lawyer can help you with your green card, then successfully applying for naturalization years later. In these processes, there are often many delays. If you make mistakes there are often even more delays too, and a lawyer can help you avoid them.

Appeal
If you’re denied a green card or citizenship, you still have many options. It may delay you, but the process is not over. An experienced immigration lawyer will know exactly how to quickly appeal the decision. If you have no lawyer, you likely would have no idea of where to begin. Therefore, this help is invaluable.

An immigration lawyer saves you time in many more ways, but these are a good start.

While you can still get good jobs as a permanent resident of the United States, there are some key benefits to applying for citizenship. But why not just keep your green card and ignore applying for citizenship? Doesn’t it take forever?

Actually, the citizenship process for permanent residents, while complex, does not drag on very long. After all, just in 2009 over 1 million permanent residents of the U.S became naturalized U.S. citizens. They applied for many reasons, ones an experienced immigration attorney can go over with you. One key benefit you may have overlooked is Social Security.

What is Social Security?
Social Security is something you pay into on every paycheck as a citizen. They take your money, but you get some immense benefits. When you retire, you will be eligible for Social Security benefits. If you ever get hurt while working and cannot continue, you are immediately eligible for Social Security benefits. For example, if you were hurt while driving, broke your leg, and you cannot work for months, you can apply and likely will be accepted for Social Security Disability Insurance. It is your right, and is why the government took small amounts of your paycheck. But only U.S. citizens get these benefits.

How Does Social Security Help?
There are other ways Social Security can help. Say you suffer from a mental disorder which makes it next to impossible to work. You are therefore eligible for Social Security Income, a monthly paycheck which you can be eligible to receive as long as needed. This is an immense help, and again your right as a citizen. Also, you will be eligible for Medicaid help, along with food stamps if you cannot afford to buy a lot of food.

Travel
There are some other key benefits for naturalized U.S citizens, though not quite as big as Social Security. If you enjoy traveling or just want to live somewhere else for a few years, you will have no problem in reentering the U.S. when wanted. Citizenship is a lifetime deal. For permanent residents, it may be difficult to travel in and out of the country.

No Deportation
As a permanent resident or visa holder, you can legally be deported from the country. As a U.S. citizen, you cannot. While being deported isn’t too common, it does occur if you break the law, and technically does not have to be a major crime.

No Fear
You need not worry about money if you’re hurt. If you cannot work at all, you can get help. If you want to travel, there is no need to worry about being allowed back in the country. If you break laws, you can stay here. Citizenship does not mean you can break laws and do whatever you want, but it offers far more benefits than a green card.

Immigration through employment occurs when an employer sponsors you for a job, therefore allowing you to immigrate to the United States. References vary on exactly how to successfully apply for immigration through employment, so this post focuses on the basics.

Are you eligible?
You can be eligible for immigration through employment under four categories. While millions do not immigrate this way, about 145,000 immigrated to the U.S. through employment in 2009. The cut off number is 140,000 currently, meaning that only so many immigrants are allowed to apply via this method, but there are exceptions for more. Let’s go over the four categories.

Priority Workers
If you have an extraordinary ability in areas like science and math, or you’re a professor or researcher in a complex field, you can be considered. Even some executives and managers of companies with rare skill are considered.

Professionals with Advanced Degrees
Similar to priority workers, only as a professional it’s focused on your actual education. You can be eligible if you have an advanced degree, or if you have a baccalaureate degree and years experience in a fields like the arts, sciences, and business.

Skilled or Professional Workers
Here the focus is on work experience, but you still can use your education. In this case you need at least two years training or experience, or you are capable of filling a position which requires less training (a professional worker).

Special Immigrants
Special immigrants take on less regular occupations, such as a priest.

How can you apply?
Your employer and an immigration lawyer will have to help in the application process, as there are many steps involved which you likely cannot handle on your own. You first need to submit labor certification to the Department of Labor’s Employment and Training Administration. The DOL will decide whether you are eligible and needed or not. This is where the above steps are important: you must be able and qualified for a position which won’t take a job away from a U.S. worker.

If accepted, the employer will file a petition with the USCIS. The worker will then have to wait until an available visa comes in (remember the number is limited). After this, you will then be a conditional permanent resident based on your employment, allowing you to live and work in the U.S.

Who should you hire?
It’s a complex process just to get a green card and to be able to work, but it’s the law all immigrants go by. If you’re an employer considering this option, be sure you work with an experienced immigration lawyer who can help with immigration through employment. If you’re an immigrant hoping to work in the U.S., the first step is to find an employer willing to hire you.

If you want to adopt a child born in another country and naturalize him or her as a U.S. Citizen, that’s called “Intercountry Adoption” and is allowed in many cases. You will be directly working with the USCIS (United States Citizen and Immigration Service) in this instance.

There are three processes for Intercountry Adoption. If you’re and your spouse are U.S. Citizens or permanent residents, you can adopt via the Hague Process, the Orphan Process, and the Immediate Relative Process. If you have never heard of these, you may be interested in hiring an immigration lawyer to go over the laws. This post will be a brief guide.

The Hague Process
In this form of immigration through adoption, the child originates from a country that is a party to the Hague Intercountry Adoption Convention. What does that mean? It means the country follows worldwide laws on adoption. If the child came from a country outside of this, the laws in immigration would be different. It first came into use in 2008, and is commonly used in most countries. If the country has a Hague recognized office for protecting children, as the U.S. has the Department of State, the world laws apply. As with any of these adoption options, you will need the services of an immigration attorney in order to make sure you follow the Hague laws, including U.S. Laws on adoption as governed by the USCIS.

The Orphan Process
This process is used when The Hague Intercountry Adoption Convention laws do not apply. There are many instances where you can adopt the child via the Orphan Process. You need to be a U.S. Citizen, be able to prove that the child is an orphan, and can prove you are able to take care of this child. In order to be classified as an orphan, the child must have either lost through death or separation his or her parents, or only has one parent who cannot effectively raise him or her.

The Immediate Relative Process
This third and final process occurs when the child has been adopted before is or her 16th birthday, the parent has had custody of the child for a minimum of 2 years, and is being adopted by a citizen or permanent resident of the United States. There are some differences to the other options, such the fact the process is not limited to children who have been or are going to be citizens.

How to Get Help
Adopting non-U.S. Citizens can sometimes be more difficult than the naturalization process for others. However, the benefits for the child are numerous, especially if he or she has never had parents or has parents who cannot properly raise and care for them. One way to understand this process better is to hire counsel, an experienced immigration lawyer who’s seen cases like yours before.

A common problem in U.S. immigration is immigrants failing to reapply on time and correctly for permanent residency status, losing their green card in the process. Also, some don’t fully take advantage of the benefits of applying for naturalization, becoming U.S. citizens. This guide gives key tips on those subjects and more.

Delays
You should always be ready for delays when applying for a green card or extension. This is because there could be extended periods where the USCIS is extremely busy and takes much longer to get to your paperwork.

Applying for Citizenship
Instead of having to reapply for your green card every ten years, and rather than dealing with customs when reentering the country, applying for citizenship is a very good choice. This is because you will never have to reapply, can reenter the country with no problems, and get many more opportunities.

Staying up to Date on Address Changes
If you’re staying in the U.S. for extended periods you should also stay up to date on your address. Always make sure the USCIS is aware of any changes. If you’re only using a visa but plan to stay longer than 30 days, always keep the USCIS up to date on your address as well.

Getting entry Visas
If you’re just visiting, be sure to not pack anything questionable. Border officials can keep you out if they feel you are a security risk or if it looks like you plan on staying longer than you said. Border officials have the power to keep you from entering the U.S., so make sure you follow all laws and don’t make them suspicious.

Filing
When filing for a green card, ask more than one person to file your application. That way if there are problems, you have a fall back. You could get two family members to help you file instead of just one.

Late Problems
You never want to be late when it comes to meetings with the USCIS, because it could delay your paperwork for months. You also risk being deported for not having the proper paperwork.

Stay Within Laws
Once you’re in the U.S., the game is not over. You need to be sure not to do anything suspicious or illegal. If you lie on your application, if you engage in illegal activities, and you’re caught, you risk all the time and effort you put into trying to live here.

Maintain All Paperwork
The USCIS makes as many mistakes as any government organization. Because of that, they may lose any paperwork or updates you have. That means you should always make copies and keep all your records.

Research
If you’re unsure of what to do when it comes to green cards and visas, you can also do some research. If you’re unaware of certain U.S laws, the web is a great place to learn more. You can find records and all laws for the government online. Actual government sites like USCIS.gov are best, but articles and blogs can help you understand complicated wording.

Ask for Help
The best thing you an do when it comes to making sure you make no mistakes is hire an experienced immigration attorney. This can save you a lot of time and headaches. An attorney can help with every tip in this post and more.