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September 3, 2010

6 Provisions of the Arizona Immigration Law

There is a lot of confusion and uproar about the Arizona immigration laws debate. It’s understandable that this is a divisive issue. This blog piece will not state whether the law is correct or not. The points here will be on what the immigrant laws mean to you, your family, and your employer.

Registration
Under federal law, any immigrant over the age of 13 who is in the country longer than 30 days must be registered. Also, under federal law you are supposed to carry your registration documents at all times. If you fail to have proper documents, you can be penalized. Arizona’s new law is trying to put action behind these words.

Documents and Penalties
If you are an immigrant, walk down the street, are stopped by an officer, and lack documents, you can be charged with a misdemeanor. Infractions are for minor offenses such as a speeding ticket, with minor penalties. In comparison, misdemeanors are much stiffer, with potential for high fines, some jail time, and probation. The worse penalty to get in such a situation is a felony, which can lead to major criminal charges, but are rarely used for immigration purposes.

First and Further Offenses
According to the Arizona immigration laws, even a first offense for lacking documents can lead to some big penalties. While you only pay up to $100, you can spend up to 20 days in jail and have to pay for court costs such as a lawyer. If you get another offense, it may mean as much as 30 days in jail.

What ID?
If you have a Arizona drivers license, that is all you need to show any officer who might stop you, according to the law. If you lack a license, a nonoperating identification license, tribal identification, or federal, state, or local government ID will work.

If You Interfere
One cause for commotion on this proposed law is how you can be charged with a crime simply for interfering with the legal process. If a local city official, for example, interferes with the federal laws being enforced, he can be sued by a citizen. And if the citizen wins, the city official has to pay lawyer and court fees.

Hiring and Traffic
Another odd part of the law goes into how immigrants, some legal and some not, are getting work. A typical event is for employers in industries such as construction to stop and pick up a group of immigrants in need of work. The Arizona law now makes it illegal to stop in the street to pick up workers, with some major penalties involved.

You may be scratching your head at some of these laws. There may be some good and bad here. While some of these are making enforcement of federal laws a reality, some are obviously designed at capturing illegals. Deporting them is the next step.

September 1, 2010

6 Green Card Laws You Need to Know

Some immigration laws can be difficult to understand, especially regarding green cards.  This blog guide is an answer to those questions, providing a simple overview of green card law.

What Your Rights Are
You have the right to live and work in the United States if you have a green card or are a citizen. A green card gives you the right to stay and work, though technically you have more rights as a citizen. If you break the law, you can be prosecuted.

You Can Still Be Deported
Having a green card is no guarantee of legal protection. If you break criminal laws, especially those with jail time involved, you can be deported. Infractions are minor violations you will rarely have trouble with as long as you don’t get too many. Misdemeanors and felonies are, on the other hand, more serious and can lead to deportation. If you have been charged with a crime, you need an experienced lawyer.

Green Cards Expire

A green card, being a permanent resident of the U.S., is not a lifetime event. You have to reapply in order to keep it. If you earn citizenship, you have no need to reapply. But otherwise, you need to reapply every 10 years.

If You Lose Your Card, It’s No Problem
Simply losing your green card or having it stolen does not mean your status is in jeopardy. Some believe you must have your green card ready at all times, and that with no green card you can be deported. As long as apply for a replacement, you are fine.

If You Have Family Here, You Can Be Sponsored
If you have family in the United States, you have the opportunity to be sponsored for a green card. If immediate family are citizens, you may be able to apply for citizenship, common with spouses. If any family who are not immediate family are citizens, they can sponsor you for a green card. If your immediate family have a green card, they too can sponsor you for a green card.

A Green Card Does Not Guarantee Citizenship

A green card is not a guarantee of citizenship. It is a good first step, but it does not mean you will be able to successfully apply for citizenship.

If you are unsure about green card laws, your best resource is an experienced immigration lawyer. He or she can explain how the laws work, what laws you must be aware of, help you fill out applications, and also give tips on becoming a U.S. citizen. A lawyer is invaluable in protecting your rights.

August 30, 2010

5 Reasons for Illegal Immigration to the United States

Why do immigrants come to the United States illegally every year in such higher numbers? And how can we solve this problem?

There is no easy solution, but perhaps studying how the affects of economic hardship, joblessness, religious persecution, and freedom can give us a better understanding of why.

Labor Markets in Poor Countries

Well, we might as well go over the obvious. Most illegal immigrants coming to the United States are from Mexico. They are on the border. The problem is that with a population which has increased tenfold in a century, labor, especially cheap labor, is more in demands in the U.S. than Mexico. It’s the same thing in countries in South America. With such population growths, there are less jobs. And the jobs available pay much less than the average U.S. job. You have to understand even minimum wage can seem like a boon for someone used to living on a few dollars a day.

Poverty
Those who do live on a few dollars a day are often in cases of poverty, sometimes extreme poverty. Mexico is not a third world country, but it’s not a rich one either. The U.S. has more programs for helping the jobless, homeless, and penniless than most other countries. It comes down to wanting a better life for themselves and their family.

Family Life
Sometimes immigrants come here illegally not because of a job or a chance at freedom, but because some of their family are already here. It’s common for immigrants to cross borders in order to reunite with families. The problem is growing with each new illegal immigrant. However, once an immigrant earns his or her green card, he can sponsor immediate family to come here. It’s unfortunate sometimes they come illegally instead.

Persecution
One common reason for immigration in general across the centuries is persecution. Whether it was Christians coming to the Americas in the 18th or 19th centuries, or communists crossing the Berlin Wall, or Africans fleeing countries where persecution is occurring, the point is to find a better life. This is still a major part of illegal immigration..

Freedom

Freedom from persecution is still a relevant issue. Freedom to work, vote, and to speak are not as common as we might think. While money may be the driving reason for illegal immigration to the U.S., don’t discount freedom and liberty.

Immigrants come to the United States for a variety of reasons. We have to remember what’s now a cliche: most of us came here in some sense or another, whether as persecuted by our religions, enslaved, or to escape war. The problem with immigration may not be solved entirely, but by knowing more about it why it occurs we can gain a better understanding of how to stop it.

August 27, 2010

What is an Immigration Hold?

An immigration hold is also called an immigration detainer. It means that the Immigration and Customs Enforcement (ICE) branch is making a claim against an immigrant being held in state or federal jail. You may have broken a law, been charged with a  felony, and face some jail time. What happens is the ICE can take you from the jail and deport you, though giving you a chance to plead your case.

Being deported is very scary. You had the chance to live in here, but some mistakes were made. The problem is that immigration law itself is such a divisive issue. And today the ICE has more legal power and the desire to deport immigrants who’ve overstayed their time here or broken criminal laws.

What can you be deported for?
There are three kinds of crimes: infractions, misdemeanors, and felonies. An infraction is a minor mistake like speeding or running a stop sign. A misdemeanor is more serious, such as a drinking and driving DUI arrest, where you can be deported. Felonies are the worst, such as assaulting someone, and quite often come with jail time. If you end up going to jail, the ICE can take you from jail and give you a hearing. You will then be asked on the nature of the crime, have the opportunity to post bail, and possibly face deportation.

Assuming you have a green card, you are in danger of deportation. That’s why citizenship is desired by many: you cannot be deported.

What happens after?
The ICE will find you, hold you, and decide what to do next. They will go over your information, and give you a chance to explain yourself. In most serious crimes, you can be deported. The ICE will be going through your immigration status, so that if you are here illegally, no matter the crime, you are now in danger of being deported.

Getting Immigration Law Help
An immigration hold requires the help of a very knowledgeable immigration lawyer. Being deported is the worst possible thing which can occur. You should also consult with a criminal lawyer on how best to defend yourself. In order to properly know your rights, and to stay here, an immigration lawyer is invaluable. But in any misdemeanor or felony charge, you also should hire a criminal lawyer. Even though you are an immigrant, you still have legal rights. A lawyer can help defend them.

August 25, 2010

If You Get Criminal Charges as an Immigrant

Getting criminal charges in the first place is never easy or fun. But being charged with a  crime as an immigrant can put your stay in the United States in jeopardy. This blog guide explains what you need to know about the contract you make with the U.S. government, how the type of crime can change your stay here, if you should plead guilty, how to move on, and how an immigration lawyer can help.

The Contract

The problem inherent in committing a crime as an immigrant is what you did to legally stay here. You promised the U.S. government that you would abide by the rules everyone else is supposed to follow. True, citizens break the law, but they are are prosecuted. As an immigrant, by breaking the law you risk deportation. If you are a citizen, you cannot be deported, only punished in other ways. The point here is that you should avoid at all costs breaking any laws while you lack citizenship. You are better protected if you make a mistake as a citizen.

The Crime
What happens when an immigrant breaks laws is many two major points are factored in: the type of the crime and the penalties involved. In the U.S., you can be charged with an infraction, a misdemeanor, or a felony. Infractions are very common, such as getting a speeding ticket; this rarely affects your immigrant status. Misdemeanors are much more serious, including DUI (driving under the influence of alcohol or drugs) and assault. If you commit a misdemeanor, you may face jail time, and that will affect your immigration status. Felonies are the most serious, where you are to spend a minimum years time in a county or state prison. If you get a felony, your immigration status is in jeopardy and you need an experienced lawyer.

What should you do after a crime?

Your immigration status is based on the time served in prison. The more time you spend in jail, the greater the chances this will affect you. You face deportation if you spend a lot of time in prison.

How can you move on?
Just getting a criminal charge does not mean you will always spend time in jail or prison, nor does it mean you’ll always be deported. The important thing to do is keep your immigration status protected. That means staying within the laws .The more penalties you get, the worse your situation. The best way to move on is to hire an experienced lawyer.

Who can help?

You may need a criminal law lawyer too, but you should be consulting with an immigration lawyer as well, especially if you’ve been charged with a serious crime. Defending yourself is close to impossible, and knowing how the crimes will affect your status is very complex. If you’re unsure, it’s time to call some legal help.

August 23, 2010

Are You Eligible for U.S. Citizenship? Some Tips on Successful Naturalization

Immigrating to the United States has many inherent advantages. A better life can be a found here, a better job, a better education for you and your family, and more rights than many other countries, such as the right to vote and financial help. This is why so many immigrate to the U.S. But how can you immigrate? One option is getting a green card by being sponsored by immediate family or by an employer. Once you get here, you may want even more rights than a permanent residency gives. That means you want to be a naturalized U.S. citizen, who has the most legal rights of any person in the country.

How do you know if you’re eligible for citizenship? What can you do to improve your chances of success? How much will it cost? And who can help? Let’s find out.

Criteria for Naturalization – Becoming a U.S. Citizen

The laws below govern whether you can be naturalized. If you do not meet any of the following guidelines, you will not be able to earn citizenship just yet.

-You have been in the U.S. as a legal resident for at least five years. If you are here as a refugee other for asylum, you need to speak with a lawyer as you may be eligible.
-You have been present in the U.S. for at least half of said five years.
-You have been in the state you’re applying for citizenship in for at least three months. So if you’re in Virginia, you must have been there for a minimum of three months before you can apply for citizenship.
-You have not traveled outside the U.S. for more than a year.
-Your main home is not in another country. So if you have a permanent home in Mexico, you may not be eligible.
-You can speak, read, and write in the English language.
-You have good moral character (just a way of avoiding criminals).
-You can pass a test on U.S. history and government.
-Finally, you can swear to the ideas of the Constitution and will be loyal to the U.S.

What if you are not eligible?

Remember, in order to apply for citizenship you must first be a permanent resident – having a green card. If you are not eligible, as you can see from the above guidelines, you will likely get another opportunity. For example, you may have only been a resident for four years, meaning you need only wait one year for the opportunity for citizenship. Or you may have recently moved to another state and have only been there one month: in this case, you need only wait a few more months to apply for citizenship.

How can you improve your chances of success?

First off, you need an immigration lawyer. He or she is invaluable in this process. You can save you a lot of time and headaches by hiring an experienced lawyer. That’s the best way to ensure all the applications are filed correctly. Also, you can consult with any family you have who might have successfully earned citizenship. They may be able to give you some basic advice on what to expect on tests and such. As to taking the tests, they are not impossible, and if you put some time into studying, if you already have a grasp of the English language, you should have no problems.

Who can help?

An immigration lawyer is invaluable. There are many who help immigrants trying to earn citizenship. Look for experience first, then factor in the price of the lawyer.

August 20, 2010

Immigration Through Employment Basics – The I-9 and Beyond

Immigration through employment is governed by the Immigration and Naturalization Service (INS), and, oddly enough, all employers are involved in immigration through employment in a minor way. This is because of the I-9 verification process – it’s designed to ensure you only hire permanent residents or citizens, not illegal immigrants. So if you have any employees, you are part of the INS system.

What are I-9 Forms?
You can get them from the INS online or by calling. It’s part of a process to ensure you hire no undocumented workers, a major problem in the United States. All companies are involved in this process. The only exemption for filling out an I-9 is if you are using an independent contractor, but all other new hires need an I-9.

What if there are problems?
The INS receives complaints of employers using illegal worker often enough to add to the current debates on illegal immigration. The problem is that illegal immigrants are taking jobs they are not allowed to take. While the majority of these jobs are low-paying, it’s still breaking the law. If you are using illegal immigrants as workers, it’s not just them who pay; you can be penalized for hiring illegals. If, however, you do not know one of your workers is undocumented, and he or she had apparently valid information, you will not be held responsible.

What if you’re unsure?
The only times you should investigate a worker is when the information and documents are clear forgeries. If they appear to be correct, you need not investigate. However, if the documents are forgeries, for example a faked green card, you should investigate further. While you are not always penalized if you don’t know, it can help you legally to ensure you hire no illegal workers.

There are some steps to to avoid running into trouble. First, when you first hire a worker, verify his or her status with the usual paperwork. Make sure you get all documents required. Look closely for possible forgeries in these documents. You will then ensure the documents match up with the I-9. Then keep the I-9 for a minimum of three years, or one year after employment. It’s important to note that the INS can give you notice to inspect the I-9, without a warrant or subpoena. If they ask for the documentation, you have three days to give it.

You should also never tell your new employee what documents to give you; this is his or her job. Also, if the document is a copy, you need the original. And finally, only reject a document if it’s clearly a fake.

Getting Help
Immigration through employment may sound complicated and dangerous. However, if you hire proper legal representation to ensure no mistakes are made, if you follow the above laws and tips, you can benefit from a new employee with unique talents and knowledge.

August 18, 2010

Illegal Immigration FAQ

This blog guide focuses on the argument of illegal immigration, the problems it has caused, and also the benefits of having illegal immigrants in the country. That last point may confuse you:  pros of illegal immigration? There are some clear reasons illegal immigrants can help our country. Though this issue is very divisive, it’s too important to ignore. Let’s start with why immigrants are coming to the United States illegally.

Why are they immigrating illegally?
America was once considered the place where dreams happened. It quite often still is. Even with our recent economic downturn, even with job loss in recent years, it’s still the place with the most opportunities for most in the Western Hemisphere. You can quite often live a safer live, work a job which pays more, and give more opportunities to your children. You have far more rights than most countries – you can sue, get proper medical care, and vote in elections. These may seem simple, but to many they are big benefits. People immigrate to the U.S. for better lives.

The Pros of Illegal Immigration

While you may think immigrants take jobs, some say they keep the economy going by fulfilling low-paying jobs. This may not seem fair, but quite often its much more than they would make in their native country. You then get a better state of life; where some families are forced to live on several dollars a day in other countries, in the U.S. jobs allow you to live much better.

Also, illegal immigrants pay taxes in the billions. They pay sales taxes, but also in some cases real estate taxes. If they are made permanent residents, they also pay income tax. And in either case, they buy things far beyond food. In terms of the economy, they are not a drain, but a boost.

Cons of Illegal Immigration
Beyond the simple fact illegal immigrants break the laws by staying here, some also commit other crimes. Drug trafficking, for example, is a problem on the Mexican border. Drugs bring new criminals to the country, while also damaging the lives of those who use them. Because of the increased crime rate, local, state, and federal governments have to hire more personnel and spend more funds. One controversial point is that illegal immigrants also come here solely because of government support systems such as welfare and disability.

The Winner?

Both sides have clear cases. The pros are mainly economic, while the cons are mostly criminal law points. There is no winner. Illegal immigration is a problem with no easy solution. It is important to remember both sides have points. Some of the above may be disagreeable to you, and in a free country, you’re allowed to say so. Some immigrants simply want a better life where they can support their families with honest work and have the rights to freedom and liberty.

August 16, 2010

7 Tips On Meeting with Your Immigration Lawyer

Hiring an immigration lawyer is perhaps the defining legal moment of your life. Why is that? An immigration lawyer can be instrumental in you being allowed to live, study, and work in the United States, while also affecting your immediate family who you can sponsor for immigration. The laws are quite complex, but a lawyer’s job is to help you navigate these laws. This blog guide goes over how you can and should meet with your immigration lawyer.

Get to Know Them
At your first meeting, it can be easy to go into legal matters, asking fees, questions on availability, and seeing how much experience they really have. What’s often overlooked is the fact that you should also get to know this person; they will be integral in getting your green card and becoming naturalized. By getting to know your lawyer with a short but important consultation, you can better decide if he or she is capable of helping you.

The Lawyer Is Boss

Let the lawyer handle the conversation. That may seem odd, as you have dozens of questions. But it can save time when meeting with your lawyer to let him or her control the initial discussion; he or she can go over many key questions and concerns you may have not thought of, and answer them quickly. You should also have your own questions and concerns ready once the lawyer goes over the basics.

Tell the Bad

Have you made mistakes in immigrating to the U.S.? Perhaps you were here illegally at some point, or you stayed longer than your visa allowed. Your immigration lawyer is legally bound to keep everything you tell him or her private; this is the lawyer client privilege. So if you made some mistakes, the best person to tell them to is your lawyer.

The Lawyer Helps

As immigration law can be confusing, you may not know of all your options. A lawyer can explain other opportunities you or your family may have in immigrating to the U.S.

How should you continue?
Be well prepared for this meeting, because your lawyer can give essential tips to get this process going. The more prepared you are, the more productive this meeting will be.

Promises
You want guarantees from your lawyer, but the bigger they are, the harder to fulfill they can be. If a lawyer promises he’s never lost an immigration case, of any kind, this is a warning sign. It may in fact be true, but few immigration lawyers have perfect success rates.

The Fine Print
Finally, meeting with your immigration lawyer is not all about talking; it’s also about going over legal agreements. If you sit down and your lawyer asks you to sign a 20 page letter full of language you don’t understand, this too can be a warning sign. Only sign contracts you understand, that are in plain English, and do not have a lot of fine print.

August 13, 2010

Facts on Marriage and Immigration

Coming to the United States has immense benefits, but it can be costly in terms of time and money. You need the right legal guide in order to successfully immigrate to the U.S. Perhaps one of the most law subjects is immigration via marriage. If you’re married to someone who’s not a U.S. citizen like you are … if your husband has a green card but you don’t … if you are about to marry and one of your has a green card but the other does not – these situations are quite common. How can you get help? Reading this blog guide is a good start, so let’s start with legal representation and then go into marriage and immigration laws.

Who can help?
You can go to many sites online looking for help, but only get more confused. That’s okay, because immigration law itself is very complex. Your best option is to consult with an immigration lawyer, especially someone with fiance and marriage immigration experience. You can find lawyers across the country, but you should get one close to you, who has the legal experience to help you, who you can communicate with and ask questions to successfully, and who you can afford.

You want one local because a face-to-face meeting is quite important. You want one with experience in handling immigration cases to ensure you make no mistakes on any forms and also not break any laws. You want one who you can ask more than basic questions, who can explain things easily to you, mainly because it’s invaluable to have a good understanding of the process. Sometimes the bottom line, lawyer fees, is your first way of hiring. If you can’t afford them, it’s good to know that beforehand. But an experienced immigration lawyer who charges somewhat more may have the knowledge you need.

What if you misuse a visa?

One problem many face, beyond hiring the right lawyer, is actually staying within the laws. Say for example your fiance comes to the U.S. before getting his green card; in this instance, he’s misusing his visa because he came here with the intention of staying. You need to get a green card first.

Are you eligible for a green card?

If you are engaged but not married, your fiance can get a green card by proving the intent to marry a U.S. citizen, have met you within the past two years, and be legally able to marry.

If you are already married and want your spouse to get a green card, you need to be legally married, though it does not matter what country, to a U.S. citizen. You cannot be married to someone else at the same time,  and you cannot be married to someone who has another wife or husband.

In both cases of engagement and marriage, they cannot be based on lies. This may seem obvious, but some try to get into the country by marrying only to get the green card, likely parting ways with their spouse after. This goes against the nature of the law.

What is the difference with a fiance green card?
As you can see, there are some differences between getting a green card through a fiance and through marriage. If you are engaged, the eligibility requirements are different than being married.

How can you prove this engagement or marriage is real?
The easiest way to prove your intentions are true is to be married and have a copy of the marriage certificate. You need a government annotated marriage certificate, even if you are from another country. To  prove your fiance visa is valid, you need to show a variety of things: marriage arrangements, any love letters, proof you met within the last 2 years via plane tickets, and sometimes more.

This can all get complex, especially in applying for a fiance visa. If you have any questions, contact a professional immigration lawyer today.

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