Immigration Process

You would like to come to the United States and live here. Or, you are already here in the United States, and you would like to know what you have to do to become an immigrant...

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Immigration Case Review

November 19, 2010

How Does an Immigrant Become a U.S. Citizen?

If you want to become a U.S. citizen, the most common path is to get a green card and become a permanent resident, and to legally stay in this country for 5 or more years. In other words, you get a green card, you follow U.S. laws, and you stay here for at least 5 years, upon which you will be eligible for citizenship. There is much more to it than that, so let’s get into the details, asking why and then how.

Why become a U.S. citizen?
You become a U.S. citizen likely for the rights you get, but do you really know all of them? You can vote, first and foremost. But also, only U.S. citizens are allowed to take federal jobs, which can often be very lucrative positions. U.S. citizens can directly sponsor other family, often cutting the time of the process down considerably. If you are a citizen, and you have child born in the U.S., they are automatically citizens, and usually even if they are born outside the border they will still be naturalized. You will also get a U.S. passport, protecting you and your rights abroad by having access to embassies. There are many more benefits – such as the fact you can be an elected official – but as you can see citizenship can change your life.

Are you eligible for naturalization?
There are many basic requirements for citizenship. First, you must be 18 or older. Second, you must have had your green card for at least 5 years prior to applying. You cannot have traveled too much, leaving the country for years at a time (the law says you must be here at least 30 months out of 5 years preceding applying). You must be able to read, write, and speak in English. You should also be a person of good character, have little legal record, and be willing to uphold the principles of the U.S. constitution.

Some of these laws may seem odd if not unfair. Why would you need to be able to read, write, and speak in English? Well, this is not intended to keep out foreigners. Laws are written in English, down to the stop signs on streets and the parking tickets you get in the city. If you cannot read English, you may not be able to understand our laws. If you cannot write and speak in English, the problems are the same: you will not be able to express yourself to many, to understand laws, and if need be, to defend yourself in court.

Do you have to apply via a green card?

For immigrants, the path from green card to citizenship usually takes 5 years, unless you marry a U.S. citizen, and stay here for 3 years, where you would be eligible for citizenship earlier if the marriage is valid.

What if you are denied?
Say you have a criminal past, and the USCIS denies your application. Or say they are unsure of certain points about your application, such as your ability to write English. If you are ever denied, you can always appeal. If you’re application is continued – different from denied – you still have an opportunity for citizenship. In any case, it’s time to consult with an experienced immigration lawyer. A lawyer is essential in getting a green card legally, proving your value to American society, and benefiting from citizenship.

If you are ever unsure of how the process works, hire an experienced lawyer.

November 15, 2010

Primer on Choosing an Immigration Lawyer

Want a better job? A better home? More opportunities for your children? More legal rights? Well, these dreams may seem out of reach. You may live in a country where wages are so low you can barely afford eating properly. You may live in a home of little to no value simply because you have no other options. Your children may lack a good education. You may be unable to vote, but throughout history immigrants have come to the U.S. looking for more freedoms and rights. You can get them here.

Where do you start if you want to immigrate to the U.S. You read. You study. You consult with others who have immigrated. Perhaps most importantly, you hire an experienced immigration lawyer.

What does a good immigration lawyer do to help you? How does a lawyer earn his or her fee? An effective lawyer can save you valuable time, often speeding up the immigration process. He or she saves you time by ensuring you fill out all applications correctly, but perhaps more importantly find if you are eligible for a green card, if not citizenship, in the first place. A lawyer can ensure you fill out applications correctly, that you’re eligible, and that you have the best opportunities available for immigrants.

You want a lawyer you can afford, of course, as legal fees do vary. You can find a competent immigration lawyer without spending tens of thousands of dollars. A good one will charge a fair fee, and remember, this will pay dividends in terms of getting a better job, education, and life for your family. A small fee is more than worth it if it means you can immigrate.

You should hire someone recommended by others. If you go online, many lawyers are recommended by other lawyers on their site. While this is not the only way to find a lawyer, it speaks to experience and effectiveness.

You should get someone with experience. You want a lawyer who specializes in immigration law, especially for your situation. For example, you may want a green card by being sponsored by immediate family. In this case, you want someone with green card experience. Or you may be marrying  a U.S. citizen and want to immigrate; someone with relevant work experience can help here.

Do you speak English? If you want to become a citizen, it’s necessary that you can read, write, and speak basic English. If you are having trouble with the language, you may consider first learning English. If a lawyer is perhaps fluent in other languages, this can be  bonus.

Speaking of language, you want a lawyer you can effectively communicate with. You want one who can spend time with you, sitting down and going over all your options. An immigration lawyer should be friendly, should listen, should offer solutions to problems. You are paying a fee, so make sure you get a lawyer who can help you in the long run.

November 12, 2010

Importance of Getting an Immigration Lawyer

Hiring an experienced lawyer is essential in successfully immigrating. It’s your immigration lawyer’s job to protect your rights and ensure you can live in the U.S. This guide goes over these points – and why not hiring a lawyer is dangerous – in more detail.

Dangers of No Lawyer

If you lack a lawyer, or if you hire someone who is not a lawyer, you risk any chance you have of immigrating. You may not be able to afford one … maybe you can’t speak English too well … or maybe you know someone who “knows an expert” who can help. A good immigration lawyer will be affordable, will be able to communicate well with you, and will be a specialist in immigration law. He or she will have a degree, will have years experience in helping immigrants, and will follow all laws. If you hire someone for a cheap price, or hire someone who promises a secret way to get a green card, you are endangering your future.

You Need a Specialist
A specialist is crucial. You do not want a “immigration consultant,” who by trade steal money and break laws. You want a lawyer, not someone who has an “in” in the USCIS (United States Citizenship and Immigration Service). You risk having your money stolen if you try to cut corners. Or, if the lawyer breaks the law, you risk never being allowed in the U.S. legally again.

And avoid hiring someone who does not specialize in immigration law. If they do all kinds of legal work, they do not have the experienced needed to help you get a green card. It may lead to delays, penalties, and eventually being denied a green card.

The Lawyer Must be Reasonable
On the other hand, your immigration lawyer should not lead you to bankruptcy. There is, of course, no reason to hire someone twice your budget. Even if they are willing to negotiate, it’s almost pointless. Don’t hire a cheap lawyer, but hire someone you can afford to pay. If they are willing to negotiate with you on fees, that’s even better.

You Can Communicate with Him or Her
You must be able to communicate well with your immigration lawyer. If you struggle with the English language, you may want to study it prior to applying for a green card. You need not have a college education to understand the basics, but you should understand how to speak and write in English. A lawyer who you don’t understand cannot be effective in helping you. Therefore, get one you can communicate with in your given language, or who has someone who can help you learn English.

You Need Citizenship

Citizenship is the final step in the immigration process, and where your lawyer can shine. He or she can help you first get a green card. Then you live and work successfully in the U.S. You break no major criminal laws. You may want more, so the next step is to become a U.S. citizen. An immigration lawyer is essential here. By now, you should have an understanding of English, of U.S. laws, and of U.S. history. If you need to study some – as most do – that’s fine. Once you become a citizen you cannot be deported, you need not reapply every 10 years, you can work all jobs, you can vote, and you can be eligible for benefits.

November 10, 2010

The Immigration Experience

If you are interested in immigrating to the U.S., there are both positives and negatives to consider. First,  in a positive sense your life will be forever changed for the better. On the other hand, it will not always be easy. This blog guide explains what you need to expect.

Expect Changes
You can expect changes for you and your family. Immigrating to the U.S. is about changes for the better. It’s likely you want a better job, a better education, more legal rights, and more opportunities for your children. While there are no promises made once you arrive, you can expect some big changes for the better. You can be paid better. You can attend some of the best colleges in the country. If you are naturalized, you can vote. And if you raise children here, they have all these opportunities too.

Don’t Expect Miracles
Let’s stay in reality, though, because immigration will not solve all your problems. If you lack work experience, you may not get a very good job. If you lack an education, high paying jobs can be hard to find. If you break laws in the U.S., you can expect to be punished, if not deported. Immigrating is a solution with many benefits, but it’s not paradise.

Success of Immigrants
On the other hand, many immigrants achieve great success here in the U.S. You get a better education. You save up and buy a home. You can get a better job, with minimum wage rates to start out being much higher than other countries. And with an education, you can make much, much more. If you’re hurt on the job, you can get medical coverage. If you suffer through debt, you have options in bankruptcy. If you come from a country where voting is absent if not fair, the U.S. system is one of the best in the world.

Dangers of Illegal Immigration

Illegal immigration is a bad experience. You would be smart to avoid it. It can be dangerous for both you and your family. It can cost your lives. It can cost a lot of money. You might be on guard for the rest of your life for being found out. Legally immigrating is much better. You need not be on guard. You need not put your life in danger. You can save the money paid to the criminals who offer to help you cross the border. Illegal immigration is not a positive experience.

Family
If you are immigrating with your family, expect life changes. While it may not be a paradise in the U.S., you have far more opportunities than most countries. If you and your spouse have a child on U.S. soil, by law he or she is a U.S. citizen. You can put your children through good schools ,work better jobs, pay taxes and therefore be eligible for benefits, and have more legal rights. Again, don’t expect miracles, but expect changes for the better.

Getting Legal Help
The immigration experience starts with your immigrant visa. How will you get one? You have many options. This includes the green card lottery, being sponsored by immediate family, or being sponsored by an employer. If you are unsure of the process, an experienced immigration lawyer is essential. He or she can best advise you on options and help you successfully get a green card and then citizenship.

November 8, 2010

What Visa is Right for You?

If you’re unsure of the type of via you need, this blog guide can help. We’ll be going over how the nonimmigrant and immigrant visa, each allowing you to live and work in the U.S. The laws can be complex, so if you have any questions hire an experienced immigration lawyer. Even a few consultations can help you avoid major mistakes.

What is the nonimmigrant via?
If you are only coming temporarily to the U.S. – such as on a business visit, for family purposes,  as a tourist, or as a member of the media – you want a nonimmigrant visa. These are much easier to get. You will be allowed to travel in and out of the U.S. for a set time. You cannot just decide to stay. If you stay, you must get a U.S. immigrant visa, a green card.

U.S. Immigrant Visa
If you want to live permanently in the US., you need an immigrant visa. If you want to live here for the rest of your life, you would want to apply for naturalization, becoming a U.S. citizen. The immigrant visa has many benefits. You can live and work for 10 years time or more. You can have access to most all jobs. You can sponsor other family for green cards. You can study in U.S. schools. If you become a citizen, you will be allowed to vote, to work all jobs, to serve in all armed forces, and to apply for benefits if you suffer an injury. As you can see, an immigrant visa is the first step toward a dream of living permanently in the U.S.

Citizenship

You can also sponsor other family members for a green card when you become a citizen. Typically, the first step is to get a green card through a family member. Then you apply for citizenship. Upon naturalization, you can then sponsor other family members. If you marry, your spouse can also be sponsored for citizenship. If you have children born in the U.S., they get automatic citizenship.

Legal Help
Nonimmigrant visa, immigrant visa, green cards, citizenship – these all require some legal expertise. Therefore, consulting with an experienced immigration lawyer is essential. You should hire someone who specializes in U.S. immigration law, who is honest, and who you can afford. Paying a fee is more than worth it when you consider the many benefits of a green card and naturalization both for you and your family.

October 29, 2010

Importance of Following All Immigration Laws

Instead of looking for loopholes in the U.S. immigration system, save yourself some trouble and follow all laws. Why? What should you avoid doing? And how can you honestly get a green card?

Immigration Fraud
In a recent post on this blog, we went over the dangers of immigration fraud. While some of U.S. immigration laws may seem unfair, your best chance of getting a green card is through legal means. If you lie on immigration documents, it hurts you most.

What might you lie about? Commonly, immigrants lie about their criminal history – or if they had ever illegally immigrated to the U.S. before. It’s always better to be completely honest about these issues. If you had some legal problems, what have you changed? If you immigrated illegally, explain you want to do it right this time. If you are honest with the USCIS, if you explain you have changed your life, you will have the best opportunity of getting a second chance. Instead of worrying whether you’ll be caught or not, you can get a second chance legally.

What fraud is committed?

As noted, many immigrants lie on documents submitted to the USCIS – most notably on their criminal history. There are other frauds committed too, namely by an “immigration consultant” who has no legal background but pretends to have someone on the inside. Well, first of all, it’s rarely true that they know someone in the USCIS who can push your green card complication through. Second, if it were true, you are breaking laws, and risk ever being allowed in the U.S. legally again.

What laws must you follow?

Follow all immigration laws. Be completely honest about everything. If you are worried telling the truth will hurt your chances, remember that few of us are perfect. If you made some mistakes, perhaps had a criminal history, you will have the opportunity to explain it to immigration officials. If you lie and are caught, you have no chance. If you tell the truth, there is no guarantee you’ll get  a green card, but you do have a great chance. If you have any kind of criminal history, or if you illegally immigrated before, be honest. Answer all questions with all honesty. It will pay off.

What if your lawyer is dishonest?
If your lawyer is asking you to break U.S. immigration laws, fire him or her. Before you even hire an immigration lawyer, ensure they are completely honest. Sometimes immigrants are taken advantage of by people who call themselves “immigration consultants,” who have some “secrets” to successful immigration. There are no secrets. There are laws to follow.

Who can help?
The best person to explain all the laws is a real, honest, and experienced immigration lawyer. He or she can ensure you get a green card. If you get a green card, the next step is naturalization. Successfully immigrating to the U.S. can change your life, so find an immigration lawyer who is honest, fair on prices, and has helped many others immigrate.

October 27, 2010

When Should You Call an Immigration Lawyer?

Immigrating to the United States is not always easy. Sometimes you need expert legal help. What exactly does an immigration lawyer help with? He or she will be your legal voice, protecting your rights, and help reach your immigration goals. Though not all immigration lawyers are equally effective, a good one can explain what issues might arise in your getting a green card, how you can be a naturalized U.S. citizen, and also explain complex laws you simply cannot understand. Before you get help from a lawyer, you may wonder when you truly need one.

You Always Need an Immigration Lawyer
In almost every situation, you need an experienced immigration lawyer. If you are unsure of the green card process, if you have questions on naturalization, and in a variety of other situation, you should hire an immigration lawyer. In other words, if you want to successfully immigrate, get your green card, earn citizenship, and sponsor a family member, you need a good lawyer.

You Are Struggling to Get a Green Card
There are many cases where you have trouble getting a green card in the first place. You might have never applied for a green card before, making legal help crucial. There might also be some issues with your history – perhaps you have a criminal record or broke immigration laws. These situations can be resolved. If you do not know what is on your record, save yourself some time and hire an experienced lawyer.

Broken Laws and Deportation
If you have any kind of criminal history, you need to consult with an experienced immigration lawyer. Why? You might be denied entry, losing the opportunity to live in the United States. On the other hand, if you broke some U.S. laws, you might face deportation. If you are unsure of what is happening, and need legal help, you should consult with a lawyer.

You Are Trying to Sponsor Another Immigrant
If you are trying to sponsor another family members – perhaps a spouse or a sibling – save yourself some time and get an experienced lawyer to help you. There are so many opportunities for immigrants in the U.S. that it’s more than worth it. Best of all, if you sponsor immediate family or a spouse, the process is much faster.

You Don’t Understand Naturalization
The goal of most immigrants is to become naturalized U.S. citizens. Why? You can vote, work all jobs, raise a family here, be eligible for many benefits, enjoy many freedoms, and much more. However, there are some naturalization laws in place. If you are unsure of how to get the process started, working with an immigration lawyer is invaluable.

October 25, 2010

Why Does it Take So Long to Get a Green Card?

There are security issues involved with immigrating to the U.S., and understandably so. The USCIS is spending much more time on who they allow into the country. Why? The events of 9/11 changed the country, and led to much more oversight on immigration. In other words, it takes longer to get a visa and green card because of security reasons.

How long does it take to get a green card?

The time table for getting a green card does vary. It depends on if you are sponsored or not, first of all. If you are sponsored by immediate family, the process can be much faster. If you cannot be sponsored by immediate family, a spouse, or an employer, it takes much longer. On the other hand, if you apply for the green card lottery and are accepted, even without being sponsored you can save plenty of time.

So again, how long should it take? Some immigrants only have to wait a few months. In other cases, you have to wait years. An immigration lawyer is invaluable in speeding up this process. You will be submitting documents to the USCIS and if you make mistakes – mistakes a lawyer can help you avoid – it can cost you some valuable time. Sometimes you have to wait years if there are problems, but with the help of a lawyer it can be a matter of months. It depends on your situation and what lawyer you consult with.

Why get a green card?

A green card allows for you to live in the U.S. for up to 10 years. It’s also a first step in becoming a naturalized U.S. citizen. You can live, study, work, and raise a family. You have more opportunities for high paying jobs than most other countries in the world.

Why try for citizenship?

Citizens have the most rights in the U.S. Most immigrants first get a green card, then are naturalized. Why become naturalized? You can vote, work all jobs, serve in the armed forces, be eligible for benefits, can never be deported, and do not have to reapply every 10 years for your green card or worrying about traveling. If you break U.S. laws while a permanent resident (meaning you have a green card), you can be deported; but not if you are a citizen. If you travel extensively, it can endanger your green card status; this is not a problem if you’re a citizen.

Who can help?
If you are unsure of where to begin, it’s time to consult with an experienced immigration lawyer. If you have goals and dreams, immigrating to the U.S. can make them happen. A lawyer can ensure you fill out documents correctly, so your green card isn’t delayed. And when you are ready to apply for citizenship, a lawyer is invaluable in explaining your options and helping you succeed.

Where do you get more information?

There are many resources online to get help with immigration issues. If you are unsure of the laws, consult with an immigration lawyer. You can also use USCIS.org as a reference point to understand U.S. immigration laws. And blogs like this one can also explain key issues.

October 22, 2010

Applying for U.S. Citizenship and How Decisions Are Made

How do you apply for U.S. citizenship?
If you have a green card, you can be naturalized as a citizen if you fit the criteria, including being over 18 years of age and having been in the U.S. at least 5 years. You will be submitting what’s called the Form N-400 when applying for naturalization. If you’re parents are U.S. citizens, and you are not, according to the the official USCIS site you can be naturalized. If you were born in the U.S., you are legally a citizen. If you were not, your parents immigrated, and they became citizens, the process is very simple.

The Naturalization Test

Once you fill out the citizenship forms accurately and honestly, you will be asked to take a test on English, U.S. history, and the government. These tests can be difficult for some of us, even U.S. citizens. According to the USCIS site: “During your interview, a USCIS officer will test your ability to read, write, and speak English and your knowledge of civics. You must read one sentence out of three sentences correctly in English, and you must write one sentence out of three sentences correctly in English.” You will also have to score high enough on the civics questions, getting at least 6 of 10 correct. If this is scary for you, don’t worry – there are many web resources for you to prepare, including this USCIS Resource.

How is the decision made?
You have three possible outcomes after taking the naturalization tests. You can have your citizenship request granted, continued, or denied. If granted, that’s good! You can finish up the process for becoming a naturalized U.S. citizen by taking an oath. If your application is continued, that means there are some problems that need to be resolved prior to citizenship being granted. You’ll get a letter explaining the problem and how it might be resolved.  Even if your application is denied, which means you will not be naturalized, you can appeal the decision.

Why work so hard for naturalization?
If you have a green card, you must reapply ever 10 years, maintain your residence in the U.S., and also be in danger of deportation if you break the law.  U.S. Citizens have the most rights, the most opportunities for jobs and education, and can sponsor spouses and immediate family for citizenship and green cards.

Who can help?
If you are worried about taking the naturalization test, have had your application continued or denied, or simply have some basic questions on the process, that is completely understandable. Save yourself some time and worry, and reap the rewards of citizenship by discussing your issues with an immigration lawyer.

October 15, 2010

Getting a Green Card: How a Lawyer Can Help

Coming to the United States as an immigrant can at times be difficult, time consuming, and costly. However, it’s much better than trying to come here illegally – which is dangerous and hurts your chances of ever being allowed to immigrate. And the benefits of immigration – from more rights to better pay – make it more than worthwhile. The first step in immigrating to the U.S. is with a green card, making you a permanent resident. Who can help?

What an Immigration Lawyer Does

An immigration lawyer gives you the opportunity to legally come to the U.S. There are many who call themselves “immigration consultants” who are more interested in your money than actually helping you. An immigration lawyer helps you understand U.S. visa laws, if you are eligible to come here, helps fill out paperwork, ensures you can renew your green card after 10 years, while also advising you on earning citizenship.

How An Immigration Lawyer Helps
You likely cannot come here without some help. The most common way to come to the U.S. is being sponsored by a U.S. citizen. If you have immediate family who are U.S. citizens, you are automatically eligible. Since there is no cap on how many immigrants can come via immediate family sponsorship, this can be fast. On the other hand, how you fill out the necessary applications can be tricky. For example, if your spouse is a citizen, and you have only been married for a short time, you may have to prove to immigration officials the marriage is proper. An immigration lawyer can help here.

Following All Laws
As noted above, some will promise you an easy immigration process for a certain sum of money. They may “know someone” at the USCIS (United States Citizenship and Immigration Services). This is always against the law, and they are likely just trying to take your money. Pay a real immigration lawyer a fair fee and he or she should be able to help you legally immigrate. And if you are unsure of certain laws – such as when traveling outside the country for long periods – your lawyer can advise you.

Applying for Citizenship
A green card is good, but if you want the full benefit of living in the U.S., you need to become a citizen. Citizenship grants you the right to work all jobs, to vote in elections, to receive benefits, and to be eligible for disability if something happens to you. You need not reapply every 10 years either, and you can never be deported. A lawyer is crucial in making this dream a reality. He or she can help you file paperwork, prepare for the interviews, and get ready for citizenship tests.

Finding a Good Lawyer
Where do you find a good immigration lawyer who can make your dream a reality? Searching online and making phone calls seem to be the best. Consult with as many lawyers as you feel comfortable with, and start taking notes on rates and experience. Many offer free consultations and case reviews so you can see them at work.

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