Green Card

The first step to permanently staying in the United States is to become what the government refers to as a lawful permanent resident. In order to do this, you have to obtain a United States Permanent Resident Card. This is commonly referred to as a green card...

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Immigration Case Review

July 30, 2010

Common Questions on Immigrant Visas

It’s easy to get confused when it comes to immigration laws, especially if you travel in and out of the U.S. often. We hear many common questions when it comes to visas. The best answer is to consult with an experienced immigration lawyer, because each visa case is different. If you’re unsure of where to begin, an immigration lawyer can help.

Now let’s go over some common questions.

If I get a visa, can I enter the U.S.?
Not necessarily, because a visa allows you to enter a U.S. “port-of-entry”, where you will be admitted or denied by the Department of Homeland Security.  So you can go to a specific destination, but being allowed entry into the U.S. is governed by border officials. If you have questions on admissions into the country, a consultation with an immigration lawyer can help.

How can I renew by nonimmigrant visa?

Once you apply for a visa and get it,  it will expire. After it expires, you have to go through the entire visa application process again. If you plan on staying for longer periods in the U.S., you may want to consider getting a green card. An immigration lawyer can also help with that.

Who can answer questions outside the U.S.?

A U.S. consulate can answer most all your questions when it comes to immigrant visa laws.

Who can I ask questions inside the country?

Inside the U.S., you will be consulting with the United States Citizenship and Immigration Service (USCIS). If you have further questions, an immigration lawyer can help.

How long can you stay in the U.S. with a visa?
A visa does not grant you the right to stay here. It grants you the right to come to the port-of-entry. How long you can stay depends on the U.S. Department of Homeland Security. They will decide how long you can stay.

What if your visa expires while in the U.S.?
As long as your visa is valid when you enter, you are fine. You will be given a departure date when you go through customs. You must leave by this date. The visa only applies to entry, not to staying.

How much does a nonimmigrant visa cost?
You will have to pay a non-refundable fee of $140 for a nonimmigrant visa.

What if you have more questions?

Traveling in and out of the U.S. has become more difficult for many, especially from certain countries. The problems involved are many, but mainly security issues have made the visa process longer.

If you have many more questions, consulting with a professional immigration lawyer is your best option. A lawyer can walk you through the process of applying for a visa and gaining entry into the U.S. If you decide you want to stay longer, you may apply for a green card, and a lawyer can also help with this. The fees involved are minor when you consider the advantages of living in the U.S.

July 28, 2010

How a Lawyer Helps with Immigration Problems

Your lawyer is a lifeline, getting you through most any immigration problems. And they do happen. You have questions on your green card. You want employment. You want to become a U.S. citizen. The nature of your needs can be different, but how an immigration lawyer can help depends on the lawyer.

How to Hire a Good Immigration Lawyer

Hiring a professional lawyer should not be rushed. However, it can be hard when you are short on time and need action fast. In order to speed up the process, starting making some calls and asking for consultations. You want free consultations, first of all, as charging you for a meeting before you even hire them is unfair. You should consider experience, rates, and availability. For one, experience in documentation filing, laws, and in court can really help. You also want a lawyer you can afford; not the cheapest, but not one out of your price range. And in many cases lawyers who charge much less can do so by spending very little time actually helping you; you need one with the time available to do so.

How an Immigration Lawyer Helps with Immigration

Your lawyer best asset is his or her knowledge on immigration law. You likely have many, many questions. You may be curious about how you can sponsor a spouse or family member for a green card, or how to apply for one yourself. You may run into legal problems while in the country. An experienced immigration lawyer can answer any and all questions related to this field.

Green Cards

If you’re interested in living in the United States for some time if not permanently, your immigration lawyer can help you follow all laws, file the correct documents, and get action as soon as possible. For a green card, you will need to be sponsored by family or an employer. Being sponsored by immediate family such as your spouse can really make this process quick, as the laws allow for faster processing for immediate family. You want to get this right the first time, as it can be very difficult to apply without legal help.

Citizenship
Citizenship is a dream for many permanent residents, and an immigration lawyer can help make this dream a reality. Citizenship has many advantages, as you have the most rights as anyone in the country. Just in 2009, over 1 million immigrants were made naturalized U.S. citizens. A lawyer can make this process easier for you legally.. If you run into legal troubles, if you have a criminal record, or if you want this done quickly, a lawyer can help.

How much will it cost?
Fees for immigration vary, though the actual fees you pay to the government depend on what you are applying for (typically small amounts in any case). Your immigration lawyer can explain his or her rates upon consultation. You really have to put some value on this. If you can live and work in the U.S., you and your family will have far more opportunities in terms of work, education, benefits, and safety than most other places in the world.

July 26, 2010

What You Need to Know About Immigration Reform

While health care reform has taken center stage of late, now we have a chance to really consider  immigration reform. This guide points to opinions on both sides, right and left, and focuses on how we might bridge the gap, improve the country, and handle the immigration reform.

What is immigration reform?
Immigration reform is an idea trying to resolve a problem: the many undocumented workers in the United States. Some studies have pointed out there are as many as 20 million undocumented workers in the U.S. The two sides are those who want them to be forced to leave, and those who want amnesty. Both sides have clear points. If all illegals were granted amnesty, it would almost condone the illegal activities, and be ignoring the many problems these undocumented workers have created. On the other side, forcing 20 million workers out of the country would be a huge problem, and ignores the simple fact we are all, more or less, a country of immigrants.

Democrats are mostly in favor of granting amnesty. There are some advantages here, namely the fact if undocumented workers were made legal, the problems of them driving wages down might improve, as minimum wage laws would take effect.

Republicans and others are divided on the issue, but the main argument is that these immigrants came here illegally, some are breaking laws in the U.S., and some are taking jobs away from U.S. citizens and legal permanent residents.

President George W. Bush tried to bridge the gap in the debate, but was beaten back by politicians from both parties. Now President Obama is trying to solve the problem, granting amnesty to undocumented workers.

What does it mean to you?
The two sides to this issue each have clear points, but with a Democrat in office, the chances of amnesty passing are much higher. If undocumented workers were made legal, it very likely would improve wages and limit the number of jobs they take from citizens (because the pay scale would be even again). The problem of illegal immigration would be made much easier, though even Obama has said the problems inherent need some time. For one, illegal drug trafficking is a major problem.

In reality, deporting millions of immigrants is impossible. However, we might be able to curb the problem, lessen the effect it has on U.S. workers, and improve the economy. The main goals of immigration reform are to improve border security so we don’t have a continuing problem, using work site enforcements so only legal workers can get job, have guest worker programs, improve the current immigration system, and letting the naturalization process evolve to meet the new demands.

If millions of undocumented workers were made legal, you might think this would somehow hurt the economy. After all, they’re taking jobs. This is true, and a good argument. It should also be considered that these new workers would be hired under fair wages, would invest much more money into the U.S. economy, would pay taxes, and would save the government time and money in tracking them down.

As you can see, there are a lot of details to consider. This blog post was not meant to say which side is right or wrong. It’s good to have a debate, and hopefully we’ll have a fair conclusion.

July 23, 2010

6 Ways an Immigration Lawyer Saves You Time and Headaches

Your immigration lawyer is like a lifeline in the ocean – well, maybe more like the boat coming to the rescue. Immigration problems occur in volume. Millions apply for green cards every year, while only a certain number are allowed in the U.S. And only so many immigrants are made citizens every year. Your immigration lawyer can save you a lot of time and headaches when it comes to this process. How?

Saving Time In the Beginning
You can avoid many mistakes in your initial process by hiring an experienced immigration lawyer. A lawyer can help with any and all documentation you have. He or she can help you with the basics, really. You need to know eligibility for one, and also the laws.

Know the Laws
It’s a big problem if you’ve been in the U.S. illegally before. It’s a big problem if you have a criminal record. But these are not insurmountable situations. First, a lawyer can answer any law questions you or a loved one might have. He or she can help you get sponsored for a green card. A lawyer can explain what laws you broke and how this will effect your eligibility. The laws can be complex – even U.S. citizens are unaware of many. So a lawyer’s help can save you from legal mistakes.

Know Your Rights
Even if you only have a temporary visa or green card, you do have rights. If you are a permanent resident, common assumptions are to think you cannot work, get benefits, or attend schools. These are in fact three of the biggest benefits of getting your green card. You can work in any job, go to any public school or college, and also be eligible for medical coverage and Social Security in some cases.

Earning Citizenship

Citizenship has many advantages over permanent residency. For one, you can vote, serve in all branches of the armed forces, be automatically eligible for Social Security and Medicare benefits, and sponsor other loved ones for green cards if not citizenship. However, this process is legally complicated, and without a lawyer helping you file, the chance of failure is quite high.

Saving Money
You can save a lot of money by hiring the right immigration lawyer from the start. Many get caught trying to save some money by hiring an inexperienced lawyer. This in fact costs you more money than it saves you. It’s quite likely your case will not be a priority. You want someone who’s helped others successfully immigrate legally and for a fair price. A good lawyer may cost you more on paper, but he or she will save you a lot of time and hassle.

Questions
The best asset an immigration lawyer gives you is being able to answer any and all legal questions you may have. You are likely unaware of many laws, you might have trouble with the English language, you may have a criminal history or you were here illegally once – whatever the questions you have, your lawyer’s job is to answer them.

July 21, 2010

What is a Temporary Worker Visa?

When you want to work in the United States and you are not a permanent resident or citizen, you need to apply for a temporary worker visa. Temporary worker visas allow you to stay in the country. You can get them either by being sponsored by an employer or in other cases you can look to get them on your own accord. What are the laws concerning temporary worker visas? Let’s find out.

How Congress Allows Worker Immigration
According to U.S. laws, employment visas are designed to protect U.S. workers and not lower wages. For example, the mindset is that if an employer hires an immigrant instead of a U.S. citizen, that’s wrong. If you are employed for a very low rate, thereby lowering the pay scale for other workers, you are also going against the goals of the laws. This is not to say you won’t get work. In fact, many who apply for a temporary worker visa are either skilled in a field absent in the U.S. or so limited it won’t effect anyone. If you do not take a job away from a citizen or lower the value of work done by other professionals, you are no danger to U.S. workers.

Work Visas You Need to Know

The more skilled and educated you are, the more specialized your industry, the faster this process will go for you. If you have a major degree in science, for example, you would be put ahead of someone who lacks an education. It’s not meant to be right or wrong, only to bring in more specialized workers first.

There are three types of work visas you need to know: H-1A, for nurses; H-1B for specialty jobs with a requirement of being highly educated and skilled in a specific industry; and the H-2 visa for those in the agriculture industry, where some workers can be hard to get locally.

Your Obligation

Having an exceptional education is not a guarantee of work visa success, and lacking great knowledge in a niche does not mean you are unqualified for a worker visa. It is best to have a specific industry in mind. If you lack an education, or if you have one with less demand in the U.S., you are in need of some legal help with an immigration lawyer. In cases where your skills and education are highly regarded, consulting with a professional immigration lawyer can give you a better idea of what to expect and what to do.

The Employer’s Obligation

By law, employer’s must not take jobs away from U.S. citizens and permanent residents. This means many jobs are not open to worker visas. The employer will apply for certification with the government, showing clear proof that the U.S. labor pool lacks the talent it needs.

Get Immigration Help
If you’re unsure about any of these laws – and worker visa laws are very complex – or if you want to immigrate to the U.S. some other way, you need to speak with an experienced immigration lawyer. He or she can guide you through this process, potentially help you fill a need for workers, and quite often help you apply for a longer stay in this country.

July 19, 2010

Your Rights As a U.S. Permanent Resident

You have many rights as a permanent resident of the United States. This is not about being looked at as a secondary citizen. In fact, permanent residents are immigrants who get many of the rights all citizens get, such as being able to live and work in the United States. That makes successfully getting your green card – becoming a permanent resident – more valuable than ever. While the U.S economy may be coming out of a depression, immigrants come here by the thousands every year. Why? The jobs are some of the best in the world, the rights are the best in the free world, education is highly respected, and people who are struggling can quite often get help from the government.

Yes, immigrating to the U.S. is a boon. You can raise a family, get a high-paying job, and let your children reap the rewards of your decision. But, what rights do you really have? What if you are not a permanent resident yet? And how can you become a naturalized U.S. citizen?

What Rights You Have

We went over perhaps the greatest right you have: to live and work anywhere in the U.S. This is much bigger than you can imagine. Yes, the U.S economy has struggled, but already in 2010 new jobs are being created in states by the thousands. Those with an education are competing for many opportunities. But those out of work are also being given new opportunities in education and training. To put it simply, being able to work in the U.S. can change your life immediately, especially if you’re naturally a hard worker.

You have the right to apply for U.S. citizenship, which can only give you more opportunities. In some cases, you can get Social Security Income and medical coverage. You can apply for a drivers license, being able to drive anywhere you want legally. You can go to a public school or college, a right your children have too. There are many more, such as being able to join the U.S. army, but let’s go over how you can get your green card and become a permanent resident.

How to Become a Permanent Resident of the U.S.

In cases where you lack your green card and want to enjoy the advantages of being a resident of the U.S., you need an experienced immigration lawyer. A good one can help you not only get your green card, but help you earn citizenship. Only so many immigrants are given green cards every year. You must be sponsored by a family member or employer in order to come here; you can’t just apply. If you have immediate family or a spouse here, they can sponsor you and your chances of acceptance are much higher.

How to Earn U.S. Citizenship

If you get your green card, it’s time to start thinking about citizenship. Citizenship opens many doors for you, including more rights when you are struggling financially, better opportunities for medical coverage, and the ability to leave the country and return as often as you want. Here again you need a professional immigration lawyer. He or she can help you successfully apply for citizenship, which happens to over 1 million immigrants every year.

July 16, 2010

Questions You’ll be Asked When Entering the U.S.

If you’re unsure of what will occur when entering the U.S., this guide can help.

You are asked many questions by a customs officer. These officers are trained to ask many questions, so if your paperwork or answers are suspect, it can take longer to enter. You will need proof you can enter legally, your immigrant visa. These questions are some of the norm you’ll get when entering the U.S. as an immigrant.

Why Are You Visiting?
As each visa is different, you’ll often be asked different questions. For example, with a visitor visa you can only do so much. If you’re visiting illegally, of course you’ll have problems. Even if you just say something which leads the custom officers to think you are visiting for other purposes, perhaps to stay here and gain permanent resident status, you can be turned away. So if you’re asked why you’re visiting, make sure your answer matches what your visa says. If you say something different, it could lead to problems.

How long will you be here?

This question is designed to see if you’re staying within the laws. You may be staying longer than allowed, and the customs officer wants to know this. You need to be clear on the laws involved here. If you are staying too long, you can be turned away. In these cases, if you’re unsure ask a professional immigration lawyer for help.

Who are you staying with?

If you have no real reason to be here – and who you’re staying with – the customs officer may find this suspicious. Therefore, it’s good to have a clear place to stay while you’re here.

Have you visited the U.S. before?

This questions will often lead to another. The customs officer is trying to find out if you have a history of staying longer than allowed. There are some complex laws on how much longer than expected you plan to stay. For example, if you stay 1 year longer than you should, the U.S. government would consider that a major problem and bar you from entering for 10 years. This again means you need an experienced immigration lawyer’s help.

How many times have you been here in past years?

In some cases, those who travel to the U.S. have ulterior motives, and the customs officer is trying to see this. If you’re using your visa as a way to stay in the U.S. for extended periods, it’s considered illegal. You can only visit here, not use it as a residence.

How a Lawyer Can Help
A lawyer can guide you through this process. For example, in the previous question of how many times you’ve been in the U.S., you may need to get a green card. If you have family in the U.S., you can be sponsored for a green card. This saves you a lot of hassle and allows you to stay here legally. It’s always wise to consult with legal representation when it comes to traveling in the U.S., getting a green card, and becoming a naturalized U.S. citizen.

July 14, 2010

What is a Visa Petition?

The visa petition is the first step in getting your green card. It’s also the first step for you to be sponsored by a family member or employer for this green card. What does it involve? How long does it take? This blog guide answers many questions about the visa petition.

The First Steps

A visa petition involves you applying for a green card through a form via a family member or employer. It can also mean you’re sponsoring a family member for a green card. The process begins when a family member sponsors another, or when an employer decides to hire you. There are different rules for both family sponsoring and employer sponsoring. For family, you must be able to prove relation; if your mother sponsors you, a birth certificate would prove she’s your mother. And the family sponsoring the immigrant must be able to prove they currently have a green card (which is easy). If you are coming here for a job, the employer must be able to prove they cannot find qualified workers here in the U.S.

In either case, it’s up to the family member or employer to sponsor the immigrant. You cannot sponsor yourself or fill out the immediate paperwork.

How it Works
As stated, your family member needs to prove relation and that she or he has a green card. The employer must get labor certification, proof it can pay your wages by showing taxes or annual income reports, potentially your education, and some other information.

Waiting
Once your family member or employer files the visa petition, you are now on a waiting list to come to the U.S. This list is large and only a limited number each year are given green cards. Once your petition is filed by a family member or employer, you are given a date which is your number on the list of immigrants. You can keep track of this online too. There are differences if an immediate relative is sponsoring you.

Advantages for Family
While there is a set number for the number of immigrants allowed into the country each year, quite often the rate of green cards given goes over the number. Why? If an immediate relative sponsors you, such as your mother, father, or sibling, you can be given priority status. You need not worry about priority dates. In some cases, the permanent resident and family member who sponsors you can do so and save you months in actually applying. The only exception is when sponsoring a family member who is in the U.S. illegally.

July 12, 2010

What You Need to Know About Deportation

Immigrating can give you enough worries, but when it comes to being deported, you really need to know the laws. Are there ways to avoid deportation? What happens if you are deported? What reasons can you be deported? And can you ever return? You should always consult with an experienced immigration lawyer if you fear deportation. A good lawyer can save you a lot of grief. This blog guide can help too.

What is deportation?
Deportation means you are removed from the United States by the federal government. You are are considered an alien, and it occurs when you break immigration or criminal laws. For example, if you are caught selling drugs, you may be deported. If you’re here illegally, even if you’ve broken no other laws, you will almost always be deported. There are many ways to be deported. You could have violated nonimmigrant status, you terminated your permanent residency status, you engaged in marriage fraud, voted illegally, and a variety of other reasons you can ask your lawyer about.

Can you avoid deportation?
Yes, though if you’re here illegally already you may have some trouble. This is something to talk about with your lawyer. Being deported is a very big deal. If you are here illegally, it may be best to leave and try to come into the country legally with the help of family sponsorship. If you have family here who are already permanent residents, they can sponsor you to be the same (meaning you get a green card). If you are here legally, be smart and understand if you break laws, sometimes even seemingly minor ones, you can be deported. You can be deported until you become a naturalized U.S. citizen. So be mindful of the laws.

What happens if you are deported?
What happens is you get an NTA (Notice to Appear) from the Immigration and Customs Enforcement branch, giving you the reasons for deportation. You will have a hearing, where you have the option to hire a lawyer.  You have more options here than you might think. You may be able to apply for relief, meaning you can stay. If the judge decides against you, you will be deported unless you win an appeal.

Can you return?

This does depend on the nature of your case. Some who are deported are never allowed to return to the U.S.

Who can help?
There is a trial, where evidence and witnesses can be shown, and where a lawyer can help you stay. If you can win in court you can avoid being deported. It’s smart to not break criminal and immigration laws in the first place. In either case, you need to hire an experienced immigration lawyer. Without a lawyer, your chances are slim.

July 10, 2010

Common Problems Faced in U.S. Immigration

In any legal case, laws sometimes are broken without the accused even knowing. On the other hand, sometimes it’s clear laws were broken on purpose, such as in immigration. Some common problems include using fake green cards, handling immigration after serving a jail sentence, and sometimes an innocent mistake made in traveling outside the country. This guide highlights key problems you might have, how you can avoid them, and how to legally immigrate.

Using Fake Green Cards

In this case, by using a forged document you are breaking U.S. laws. The U.S. Immigration and Custom Enforcement (ICE) branch is in charge of guarding the border and keeping illegals out of the country. Quite often those with forged documents work at companies who know they are illegally. These companies are quite often on the ICE radar; even if not, you are in danger of running into trouble if the ICE finds out. What happens is they can raid the place of employment looking for illegals.

If you are in a problem such as this, be aware you are in danger of being deported. There are few simple ways out of this. You either need to leave the country, or hire an immigration lawyer and attempt to become legal.

Lying on Immigration Papers or Admitting to Lying

When this occurs, using an immigration lawyer is a must. Now, what quite often happens is you apply for legal immigration to the United States. You meet with the USCIS (U.S. Citizenship and Immigration Service), who will ask you some questions. There will be questions on whether you’ve lied before on immigration forms. If you say admit to lying on previous papers, you can be denied your application, reported to the ICE, and deported from the U.S.

For example, you may have lied about being a U.S. citizen before, or worked here illegally. In these cases, you need to protect yourself. There is again little way out of this problem. Lying can get you into more trouble, telling the truth can lead to deportation. It may be best to leave the country and apply legally with the help of an immigration attorney.

Crossing the Border
Another problem many face is being caught trying to pass into the U.S. without papers. You may be trying to cross with fake papers, trying to cross a checkpoint, or clearly violating laws by attempting to cross illegally. These are very common problems. If you do this, you can be caught by police, reported to the ICE, who will then take control of the case. If you consider crossing illegally, know it can hurt your future chances of being admitted legally.

Traveling
Oddly, you can run into trouble leaving the U.S. and trying to reenter. What happens is you enter legally, are given a green card, and live here. You have a criminal conviction on your record, but it’s not enough to be deported. The ICE can deny your reentry and effectively deport you when you try to reenter because of this prior criminal case.

If you’re unsure of certain immigration laws, know that no question is a bad one. Any legal help you can get is important in protecting your rights, staying in the country, and eventually being allowed to become a U.S. citizen. If you have more questions, contact an experienced immigration lawyer today.

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