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

September 29, 2010

6 Techniques for Saving Time Applying for a Green Card

You want a green card, and just like many things we want, it seems out of reach. What next? These techniques have proven to be highly effective in saving time, money, and headaches in getting a green card.

Get the Right Lawyer
Why not hire a good lawyer? Why hire a bad lawyer is the real question. Immigration consultants, immigration lawyers who promise that it will be easy for the right price, and others are often out for your money. True, an honest immigration lawyer wants to get paid too, but at least you get something back for the service. Some lawyers promise an easy process because they say they have an “in” with immigration officials; that’s illegal. And you never need anyone who promises to be your consultant in immigration; a professional immigration lawyer is your best consultant.

Let Your Lawyer Handle the Process
Once you get an experienced lawyer, you should keep control and make sure he or she is doing a good job. However, let them handle the complexities of the case of you. Ask your questions, be sure they are actually putting time into helping you, and be as honest as possible.

Don’t Lie
If you lie about certain facts on any documentation, it can ruin your chances for a green card, permanently. While lying about certain facts is not always caught, if you are caught you have just lost your opportunity.

Be Honest with Your Lawyer About Your History
Your lawyer can’t help you unless you are completely honest with him or her. If you have a long criminal history, that should be a point of emphasis. U.S. immigration has been strict in recent years not only because of politics and wars; the government is also trying to keep down crime rates. However, that does not mean you have to lie to immigration officials and your lawyer. The best policy is to always be honest with your lawyer.

Ask Family
You may not have a hard time at all applying for a green card, especially if you have family in the U.S. There are no tricks to work the system, but if you have family here, that is the best way to get a green card. If you marry a U.S. citizen or if other immediate family are citizens, they can sponsor you. If you have no immediate family in the country, you still have options. This includes the green card lottery held every year and being patient.

Plan

The best technique in getting a green card is to have a clear plan from the outset, if not also having many goals. You can plan for hiring a lawyer who will honestly represent you, how you can be sponsored by immediate family, how you will pay for all the legal fees. Planning early is key in immigrating to the United States.

September 27, 2010

What is the Green Card Lottery?

Why have a lottery involved in immigration? Well, for immigrants it’s a big benefit and helps when those wanting to immigrate to the United States. The problem is one of the green card process; as so many apply for green cards, you may have to wait your turn in order to be eligible. Sometimes you can come via other means, such as asylum or refuge status, though those are rare. More commonly immigrants are sponsored by immediate family, such as spouses who already are citizens or have a green card.

So how can the green card lottery help you? What is it exactly? Let’s find out.

What is it?
The green card lottery is a system designed to give more opportunities countries who do not send many immigrants to the U.S. According to the government, “Each year, 50,000 immigrant visas are made available through a lottery to people who come from countries with low rates of immigration to the United States.” That means if you are from Mexico, for example, you would not be eligible for the lottery. But if you came from a smaller country or one where immigration to the U.S. is less common, you would be eligible.

How can you win?
The process can be somewhat complex, but here is what basically happens. The State Department holds the lottery every year, always getting a high number of applicants. 110,000 of these applicants are randomly chosen, and from that list 50,000 are given green cards. While 110,000 are singled out, many do not complete the process. If at the end of the year less than 50,000 immigrants have immigrated, the contest ends; or, if 50,000 is reached earlier than the end of the year, it’s then closed. That’s how it works.

But that doesn’t necessarily help you win. There is no trick to winning, and anyone who promises you an “in” to winning is likely either trying to steal your money or breaking laws. However, you should be aware if your country is eligible to apply, then apply if you are eligible, and you might know.

How do you apply?
The system is now based online, here. You may consider consulting with an experienced immigration lawyer if you are unsure of the process. It’s important to fill out the application in it’s entirety, and to do so online instead of sending it in. According to the main site just references, “ Millions of applications are rejected each year for failure to follow the directions.” If you fill it out incorrectly or not completely, you will be disqualified.

Who can help?

You can have someone help you fill out the application, such as a family member or a lawyer. There is no rule against that. If you submit, even accurately, it does not mean you will win. And simply being accepted also does not mean you’ll get the green card; remember that 110,000 are accepted, but only 50,000 are taken. If you fail to win the lottery, your chances of immigration are far from over. You can consult with an immigration lawyer on how best to become a permanent resident of the U.S. via other means.

September 24, 2010

6 Tips on Avoiding Immigration Fraud

Immigration fraud is not something you need to experience. The tips in this blog guide can stop legal problems when applying for your green card or on handling other legal matters.

First, what is immigration fraud? It’s most commonly someone taking your money by promising you or a loved one a green card, and taking no action to do so. It might be  a lawyer you never sign a contract with, or more commonly an “immigration consultant” who makes promises and steals your money. In other words, it’s when a criminal steals your money.

How can you avoid it?

Hiring a Professional, Experienced Lawyer

You rarely need an immigration consultant: you need a lawyer. But remember, not all immigration lawyers are equal, and some are out to steal your money too. Some may take your money only to delay your filing for months if not years. Others simply take your money and run. If you hire a respected, experienced, and professional lawyer who works in immigration law, perhaps runs a local firm, and has references, you can avoid immigration fraud.

Who do you trust?
You are walking down the street, and a man you do not know asks to borrow $1,000. Would you give it? No, because you don’t know him and therefore cannot trust him. The point is that you should not put blind trust in anyone unless they have credentials. If they promise this process will be easy and cheap, you should be worried. If they have handled other immigration cases successfully, run or work in a law firm, then it’s reasonable to put some trust in them. But until you no for sure, spend no money.

Immigration Promises
As we just went over, if they promise getting your green card will be easy and cheap, that’s a red flag. While it does not always mean they are dishonest, they are likely playing with you in hopes of getting your money. If they promise something that surprises you, if they promise to get this done really fast, if they say payment upfront guarantees you’ll get a green card, be on guard.

The Guy They Know
Sometimes you’ll hear an immigration consultant or lawyer promising a “guy they know” on the inside of the U.S. immigration system. They may say he’s in the USCIS, for example, and can promise you an easy filing process. This is illegal if it were true, which it rarely is. There is no way to cheat the system, and if they actually try to do this, it can cost you the opportunity for a green card.

Lying
If someone asks you to lie to immigration officials, or to lie about certain facts on documents, that’s another red flag. If you do this, you are breaking the law. Worse, you’ll be paying someone to do so.

Make Sure He or She is a Lawyer
Sometimes immigration fraud occurs when you hire someone who says he or she is a lawyer but isn’t. This is quite common, and easy to check. You can ask them if they’ll be signing your papers as your legal counsel, and if they don’t, that means they may not be a lawyer at all. Before you hire them, though, is the best time to find out. You can look into their legal record beyond any documents they give you. If they have successfully handled immigration cases before,they should be able to prove it.

Immigration fraud is quite dangerous and can be costly in a variety of ways. If you’re still unsure, consider contacting professional legal counsel in your area and asking for advice.

September 22, 2010

Criminal History and Successful Immigration to the U.S.

One of the common problems immigrants face is having a prior criminal history. Your criminal history will show up on your record the majority of the time. What can you do to successfully immigrate to the United States if you have a criminal record?

First, know your rights. Even though you are an immigrant does not mean you have no rights. In fact, you have more rights than you might think. You have a right to legal representation, to apply for legal protection for asylum or as a refugee, even the right to appeal decisions in court. Yes, you have more rights after becoming a U.S. citizen, but you still have legal rights. That’s one of the best parts of immigrating to the U.S. in the first place. Even a green card can mean a great life change.

Second, know your situation
. Be honest with yourself. If you have a criminal history, you need to be completely honest about it. Also, understand what you did; know what’s on your background check.

Third, get a lawyer. If you’re going to make statements to immigration officials and in court, you need legal representation. An immigration lawyer is invaluable in ensuring you are legally protected. If you want a green card or desire citizenship, a lawyer is essential. And a lawyer is even more important if there are some questions about your past. If you have a drug violation, for example, it will be looked down upon. Understand that drug trafficking is a major problem on U.S. borders. But you still have a right to legal counsel.

What if you can’t afford legal representation? The best path to successful immigration to the United States is with an experienced lawyer. However, many lawyers understand you may lack the large amount of money needed to pay. Therefore, some are willing to negotiate with you. It doesn’t hurt to at least ask if price can be negotiable in some manner. All it takes is a phone call and a quick question. If you can save up the money, that’s even better.

What  if you’re denied entry because of your criminal history? How can you appeal immigration decisions? You have a right to question how the laws have been interpreted. Just as domestic court cases can go to appeals court, so can immigration issues. Judges are not above the law, and they make mistakes, just like immigration officials. The best way to appeal an immigration decision is to hire an experienced lawyer to represent you. If you have a lawyer, but are unhappy with the service and want to appeal with a new lawyer, that is perfectly legal.

Simply having a criminal record does not stop you from immigrating. The point of the criminal check is mainly to stop terrorists and drug traffickers. If you have a minor record, a professional immigration lawyer can help you immigrate legally.

Most importantly, an attorney with immigration appeals experience can help protect you from bad decisions. Judges are human; they make mistakes. A judge may not adequately consider your evidence. A judge may fail to properly consider testimony from a witness. Or the judge might use a rule against you in an improper manner. Your lawyer will be able to challenge these errors.

If you’re unsure of your criminal history, ask your lawyer to look into what’s on there. If you have no lawyer, it’s time to consider one experienced in immigration law.

September 20, 2010

What is an Immigration Background Check?

If you’re an immigrant, the idea of a background check may be scary. You sometimes don’t know what will come up. If you have a criminal history, it does not mean you will be denied entry, meaning you’re denied the right to live and work here in the U.S. as a permanent resident. It does mean you should follow the tips in this blog guide, most importantly in hiring an immigration lawyer.

What is the background check?
When you move to just about any country, you will have to submit to an investigation of who you are, what you do, and what problems you may have had. If you have a criminal history, obviously that will show up on your background check. In the U.S. and in many other countries, the rise of terrorism has made the background check more important. If you have a minor criminal history, you will not always have problems. But, if you have a long history of drug violations and drug trafficking, that’s a red flag, especially to U.S. custom officials.

Who checks?
You will be checked first by the IBIS (Interagency Border Inspection Service) for your name, then FBI (Federal Bureau of Investigation) fingerprint and name check. If the FBI check throws up some red flags, your case may be reviewed by the USCIS.

The FBI Check typically only takes 1-2 days. You may be investigated if said red flags pop up. The USCIS will have final say on whether you can be permitted a green card in the event you have a criminal record. For example, you may have been arrested as an illegal immigrant before, this comes up on a background check, and you are denied entry. Or you may simply have a drug trafficking history, therefore being a danger to society, and denied entry.

Getting Legal Help
You may want to find out what a background check says about you. While there are many systems for doing this, you’ll be needing legal representation if you want to immigrate. Now, it’s important to know what’s on your background check not only because it may affect your entry but because there may be errors on your background. You may have had no charges at all, only to find a violation on your record. A lawyer can consult with you on correcting such errors. More importantly, a lawyer gives you a high chance of successful immigration to the U.S.

Unsure if you need a lawyer? Most offer free consultations to prospective clients. You can find many in online directories and on blogs like this one. While lawyers do charge you a fee, solving problems like incorrect background information, and filling out documents correctly can really help your immigration status.

September 17, 2010

6 Ways Your Immigration Lawyer Protects You

Immigration lawyers protect you in a variety of ways. From saving you time to ensuring you have no legal problems, an experienced lawyer is invaluable when it comes to immigrating to the United States. Let’s find out why.

Know the Laws
Immigration law is quite complex. If you are unsure how this process works, hiring a lawyer is crucial. You need a lawyer to understand how sponsoring by family or an employer works. You need one to understand other eligibility requirements, such changing your status from permanent resident to citizen. Immigration laws can be hard to understand, making your lawyer an open book for you to read.

Saves Time
Your immigration lawyer will likely save you plenty of time when applying for a visa or citizenship, when working in the U.S., and for accurately following laws. It’s rare you can do without a lawyer. They are incredibly valuable when it comes to understanding legal matters. You might spend weeks filling out documents an experienced lawyer can fill out in hours.

Saves Money

A lawyer saves you money? Yes, and he or she protects your income too. If you’re coming to the United States for employment, a lawyer is invaluable in making you money. Your lawyer can ensure you are eligible for the best jobs available. If you need legal consultation on how this works, a lawyer can help. If you are unsure of what forms to fill out and a what fees to pay, again a lawyer can help. If you fail to get your green card, it can cost you thousands of dollars in job pay.  A lawyer ensures you are protected from these problems.

Timing
You likely have your desired schedule. You may want to get a home, get a job, sponsor family members to immigrate, and eventually earn citizenship. These things do take some time, but if problems arise, you may be out of luck. Immigration law is all about timing. If you fail to file papers on time, fail to properly fill out a work visa, even mistake the eligibility of family, it can cause some major problems.

Documentation
If you fill out documents incorrectly, it can cost you a lot of time, sometimes many months. Just as in filling out a job application requires time, care, and understanding on your part, filling out immigration forms requires a lawyer’s help. If you are still learning the English language, a lawyer can help here too.

Legal Problems

Finally, an immigration lawyer can ensure you know and understand U.S. laws. This is not just immigration laws; you may be unaware of other laws. If you are prosecuted for criminal offenses, it’s possible you may be deported. A lawyer can help by either ensuring you understand certain laws or by helping you find good criminal representation.

September 15, 2010

Getting Jobs – A Major Benefit of Immigrating to the U.S.

While it’s rarely overlooked, the point of this blog post is rarely made – that immigrants do come here for better jobs, that getting a green card can help you financially, and that citizenship allows you the most success as a worker in the world.

Why Immigrate?
Immigrating to the United States has almost solely been driven by employment reasons. Many do come here to reunite with families, and to escape troubled countries, but the main reason is for employment, both in our past and currently. Immigrating to the U.S. gives you and your family better opportunities. Simply put, the U.S. has some of the highest paying jobs in the world, especially when compared to less economically sound countries like Mexico.

Can You Work Here?
If you want to work in the  U.S. you need an immigrant visa. You can get a green card via employment when sponsored by an employer. The more common ways are to be sponsored by immediate family. If you marry a U.S. citizen, you have a right to apply for an immigrant visa. If your spouse only has a green card, the process does take longer. Immediate family can also sponsor you for a green card.

Benefits of a Green Card
A green card is the first step in earning citizenship. Once you’ve been in the U.S. consistently for five years, you can apply for citizenship. A green card grants you the right to live and work in the U.S., to start a family, and for your children born in the U.S. to become citizens immediately. You can also study at top schools, learning valuable talents so you can get some of the best jobs available.

Employment
As of this writing, the U.S. is going through a recession. But still all kinds of jobs, from labor to technical, are needed, and immigrants can fill them. One mistake many make is that immigrants take away citizen’s jobs. In fact, immigrants fill unwanted jobs, add money to the economy, and also add value to businesses by achieving in more technical jobs.

Just coming to the U.S. does not immediately mean you will get the best job available. With almost 10% of the population unemployed, many are out of work. However, if you put time and money into learning a skill, there will always be opportunities. Immigrants fill hundreds of thousands of jobs every year, and not just low-paying jobs. If you have a skill, a business will put value on your services.

Citizenship and Benefits
Say you get a green card. You live, work, and study here for 5 years, and then become a naturalized U.S. citizen. By putting the time in working and studying, you’ve likely increased the value of your services. There is no guarantee of a high-paying job, but there is a good chance. Perhaps more importantly, as a U.S. citizen you are paying taxes; this helps more than the government as you are eligible for unemployment and other benefits of being a citizen. By paying taxes, you will also be eligible for social security benefits at retirement age or if you become disabled.

Getting jobs in the U.S. has not been easy in the past years. But immigrants who put the time and effort into learning skills are prized by employers who always have a demand for talented, hard working individuals.

September 13, 2010

Why Immigrants Help Our Economy

In a recent blog post on SpeakEasy, Mark Engler points out the many myths of immigration and the reality of our situation today. The economy is in a major recession with unemployment, foreclosure, and bankruptcy rates rising. So far, in comparison to 2009, we have made little gains in unemployment, foreclosures are up by almost 20%, and bankruptcy rates are on pace again to be well over 1 million. While all these things are major downsides, there is some good to be had. And it certainly does not mean we should start pointing fingers at immigrants, new and old.

What the Economy Means to Immigrants

The economy is going through a recession worldwide. Some countries in Europe, especially Greece, are in dire straights. But in the U.S. immigrants too are suffering through a lack of jobs. And immigrants are not creating any problems for citizens in terms of getting jobs (a common myth). In fact, as this piece will show, immigrants are increasing pay rates and helping rebuild the economy.

Unemployment and Immigration
There is little evidence that immigrants take some of any jobs from U.S. citizens. Engler, in his blog post, cites a banking study on how immigrants affect our economy. While the study points out immigrants have “scant” affects on unemployment, it would be wrong to say they take no jobs. However, there is little evidence they actually take jobs from Americans. At the least, they boost all of our pay rates, put money into the economy, and work just as hard as any of us.  These all in turn help unemployment.

Pay Raises and Immigration

How do immigrants put money in your pocket? The banking study points out each U.S. citizen makes an average of about $5,000 more money because of immigrants. Immigrants put money into the economy, but also increase demand for specialized jobs. Some of us may feel this increase in pay rates more than others, but it’s surprising evidence on the value of immigrants.

Hard Work and Immigrants

Well, let’s not stereotype: not all immigrants are hard workers just as not all citizens are. But through the centuries immigrants to the U.S. have built entire cities based on their labor. The largest group of immigrants come from Mexico. It used to be Europe. In both cases, workers filled jobs for key labor  industries many citizens do not want. Immigrants are working hard to move up the ladder. More than ever, immigrants are taking advantage of the valuable education benefits of living in the U.S. We would not have higher pay scales if all or a majority of immigrants added no value to the work force.

New Jobs and Immigration

Finally, immigrants create jobs, they don’t take them. True, there aren’t hundreds of thousands of jobs being created by immigrants right now because of our sluggish economy, but the fact is by paying taxes, by buying items, by paying for homes, immigrants are adding to our nation’s income. These all in turn create new jobs in a variety of fields because of demand.

Immigrants rarely come here to get unemployment and welfare benefits. They come to work and live the American dream.

September 10, 2010

6 Naturalization Laws You Need to Know

If you’re interested in becoming a U.S. citizen, knowing how immigration laws work is important. Therefore, this guide will go over some common naturalization laws you should know. If you are insure of any of these steps, consult with an experienced immigration lawyer.

Citizenship Through Marriage

You can become a permanent resident of the United States (meaning you get a green card) by marrying a U.S. citizen. You then can become naturalized yourself, though instead of waiting the full five years, a little known fact is that you can in fact apply in three years. You will still have to pass tests and follow laws, but the process can be shorter.

Naturalization by Birth

Perhaps the easiest way to become a U.S. citizen is to be born in this country. Not all countries use this law, where simply being born on U.S. soil grants you citizenship, something which can never be taken away. This does not help those who were born elsewhere, but if you have children on U.S. soil, even as a permanent resident those children will then be considered U.S. citizens.

Green Card Leads to Naturalization
It takes 5 years after getting your green card to become a U.S. citizen. This is the most common way to get your green card. How do you get the green card in the first place? You can be sponsored by family or an employer. If immediate family sponsors you and they are U.S. citizens, the process only takes a few months.

Breaking Laws
U.S. citizens cannot be deported, but permanent residents can. There are three main types of crimes: infractions, misdemeanors, and felonies, in that order of seriousness. It’s important to avoid breaking major laws because the worse the penalty and the greater the chance of jail time the more likely you will be deported. U.S. citizens have to follow laws too, but cannot be deported.

Protection of Citizenship
Citizenship, as just noted, grants you the right to live in the U.S. as long as you want, to leave whenever you want, and to never be deported for breaking criminal laws. You will still be punished for crimes, but you have protection from deportation.

Tests
In order be naturalized, immigrants need to take tests showing knowledge of  U.S. history and laws, an ability to read and write in English, and a willingness to swear an oath to this country.

September 8, 2010

How To Help Your Immigration Lawyer

You may think that immigration lawyers need only your money and a handshake in order to best help you. It does not work like that. Your lawyer, just as in a criminal law or personal injury case, needs your help in order to give help. This blog guide explains how you can best help them.

Hiring the Best Immigration Lawyer
First off, you need to find the right immigration lawyer. You should hire one who is an authority on your particular situation. If you’re applying for a green card, you might focus on ones who specializes in green card law. If you are considering citizenship after living in the U.S. for some time, you might get an experienced immigration lawyer who has helped clients with naturalization. You need not go for specialty, as an experienced lawyer can handle a variety of cases. You should, though, base your hiring on experience. You should also factor in price; it’s pointless if you can’t afford them.

Communicate Concerns

To help your lawyer, explain your fears. You may wonder if you have no chance of eligibility, or how a criminal charge against you will affect your status. There is nothing wrong with having concerns as long as you admit them and act.

Ask for Help

Sometimes asking anyone for help can be tough, but when it comes to a lawyer, you have to. You are asking for help in getting this process completely successfully. If you want further help, such as on sponsoring other immediate family for a green card, your lawyer can and should be able to help.

Be Honest
If you lie to your lawyer, it only hurts you. Many consider lying on immigration documents and to lawyers because of a fear of being rejected. This is understandable, but in order to truly help your lawyer help you, be completely honest. Anything you say will be kept confidential, and the problem may be a minor one. If you lie on documents and it’s found out, you can severely hurt your chances of ever getting a green card or earning naturalization.

Be Fair
Your lawyer is not able to solve all problems, work for free, and work miracles. Immigration law is quite complex, and has become more complicated in recent years. You cannot expect your lawyer to be able to solve any problem that comes, but he or she should be able to help. In order to pay for a professional service, you need to pay a professional rate, and that means basing your payment on experience and results. Finally, you may not have a strong claim to a green card or citizenship; a good lawyer may be able to help in many ways, but can’t always work a miracle.

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