Naturalization

You have come to the United States and want to make it your home. You may have gone through the immigration process and become a lawful permanent resident, but it is your hope and desire to become a United States citizen...

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December 16, 2010

5 Rights Undocumented Immigrants Have

What is an undocumented immigrant? It is someone who is in the U.S. illegally. But by nature, every person in the U.S. has rights. And you always have the chance to earn immigration rights even if you’ve been here illegally. It’s a common problem many have, thinking they cannot do anything legally because they lack documents. In fact, if you are an undocumented immigrant, you have many rights. This guide gives you five.

Right to a Lawyer
You always have the right to a lawyer. Say you are arrested on a charge of drinking and driving. You may wonder what your rights are. You may be scared. The officers may try questioning you without a lawyer. You should say nothing until you have a lawyer. You have the right to remain silent, as should be noted in the arrest, and you have the right to legal representation.

Right to Fair Trial
Simply because you are undocumented does not mean you have no due process. You have a right to a lawyer and a trial. You have a right to question the charges made against you. You have a right to appeal in court. If the trial goes against you, you can take the case to appeals court, which has been done by undocumented immigrants.

Right to Know Charges
You always have the right to know any charges made against you. If the arresting officers are not clear about this, just ask. They are legally bound to tell you why you are being held. Sometimes it’s obvious: you were drinking and driving. But other times, especially if you’re innocent, you may be unaware of what really happened. If a charge is made against you, you get to know the charges, get a lawyer, and get a trial.

Right to Education

Simply because you are an undocumented immigrants does not mean you cannot get an education, nor will your children have this problem. All residents of the U.S. have a right to go to public schools, sometimes even colleges and universities, even without a green card.

Right to a Search Warrant

If an officer wants to search you or your home, he or she needs a search warrant. You cannot be searched simply for looking like an immigrant, because you are of a certain nationality. If this were allowed, officers would have reason to search anything and everything they want. If an officer gets a search warrant, that is due process, and he can search you or your property. Otherwise, you need not allow it.

The subject of illegal immigrants is a controversial topic. Some may wonder what right an immigrant has to be protected by our laws. They keep our society strong and fair. The best thing you can do is get your proper documentation by hiring an immigration lawyer. But if you are ever charged with a  crime and are undocumented, it’s time to consult with an experienced lawyer.

December 6, 2010

7 Benefits of U.S. Citizenship

Better Jobs
While unemployment is close to 10% as of December 2010, there are still more jobs in the U.S. – especially skilled jobs – than most other countries. The U.S. has the minimum wage, has laws protecting you from being overworked, and if you happen to be laid off, you can get unemployment benefits. Yes, the economy is bad across the world, but for opportunities in new industries, the U.S. is still #1.

Family Support

Few countries offer more support to families than the U.S. If you are struggling to get work, you can get counseling. If your child is falling behind in school, he or she can also get special counseling. If you need food because you lack an income, you can get food stamps. If you fear losing your home, there is bankruptcy. If you fall behind on bills, there are laws protecting you. The point is economically you have support.

Government
The U.S. government is far from perfect, but it is the leading power in the world. If you gain citizenship, you will have a voice within the government, and can even run for elected office.

Pay Taxes, Benefits
Paying taxes is good? Yes, because you then will be eligible for medical benefits. If you become a U.S. citizen, once you reach retirement age you are eligible for social security benefits, which includes both monthly financial help and medical support.

Schools
By paying taxes, you are also supporting schools. And by supporting schools, you are investing in the future. If you start a family in the U.S., these schools become even more important. The education system in the U.S. is quite supportive of young students. The system is not perfect, but there are good teachers, good classes, and support from many in the community.

Vote
Voting is perhaps the greatest benefits of becoming a U.S. citizen. By voting, you can select who represents you in government. By voting, you can help make local, regional, and national decisions. Not all countries allow their residents to vote. Some countries persecute you for voting the wrong way. Some are corrupt, rigging the elections. In some, it’s actually dangerous to vote. In others, voting makes no difference. Voting in the U.S. has been part of our system since the nation was founded.

New Life
Becoming a U.S. citizen grants you a chance at a new life. You can get a better education, get a better job, earn a better salary, raise a family, let your children go to school, and when you are ready to retire, you can get financial help. The United States has allowed millions a new life. We are a nation of immigrants. If you are curious about how to get this process started, consider hiring an immigration lawyer.

December 2, 2010

6 Reasons to Avoid Breaking Immigration Laws

Many people break immigration laws without considering the penalties. You need not make this mistake. Why? This blog guide gives you six reasons to be honest when you immigrate to the United States.

You May Be Deported
If you commit immigration fraud, for example, and lie on certain documents, first it’s often found out, and second you can be deported. Many believe you have to lie about certain points to actually live here. You may lie about your criminal history. You might decline to comment on your past. You may have some drug history. If you have changed your life, be honest about it, and you have a much better chance of doing things like getting a green card.

You May Lose the Chance to Be Here
If you ever want the chance to come to the U.S. legally, be honest when you immigrate and when you stay. If you lie on immigration documents,  you may lose the chance to ever immigrate to the U.S. again. Or you might be here and commit some form of immigration fraud, such as helping someone else come here illegally or lying in some way. This can lead to not only deportation but also never being allowed a green card again.

You Don’t Have To
You really don’t have to lie on immigration documents, nor break U.S. laws. Well, the fact it’s wrong is obvious, but on the other hand there is no point. If you’re honest, you stand a much better chance. If you simply explain any problem you might have had, and are honest about them, you look better. You might have a drug history. Instead of lying about the fact you had a drug problem, be honest, explain you got help, and that you are trying to move on. If you break laws while in the U.S., you stand to be deported. These are different than immigration laws, but just as important. Whatever the law you break is, by doing this you are risking your opportunity to live here.

You Can Live Here Longer
Instead of breaking immigration laws, follow them and be honest, because you will be able to stay in the U.S. much longer. You might get another green card renewal. You might find a dream job. You may start a family. You may even become a U.S. citizen, which gives you far more rights.

Your Family Gains Rights
Once you are in the U.S., if you have children born here, they will automatically become citizens. This is just like a normal citizen having a child and the child automatically being granted citizenship. This can change your whole family dynamic. Your child will have more more opportunities.

You Can Become Citizen
If you don’t break immigration laws, you stand to become a U.S. citizen. If you are a citizen, you can vote, serve in the armed forces, be eligible for certain benefits, and even work federal jobs. Citizenship is a dream for many, and the only way to achieve it is to avoid breaking U.S. immigration laws and to follow all other laws.

November 26, 2010

3 Resources for Help on Immigration Problems

When you are immigrating, having questions is a reality. And there is nothing wrong with having numerous questions. This process need not be taxing on you mentally. You can immigrate, get a green card, even earn citizenship with the resources in this guide.

1-USCIS, http://www.uscis.gov
The USCIS online web resource should be your very first stop. There is a wealth of information to help you immigrate, from all the documents you might need, to guides on how to immigrate, to laws you must follow. The point of the site is to be a resource for more than just immigrants; it also helps people who are interested in helping immigrants, such as community based organizations, lawyers, educators, and researchers. The “How Do I” guides provided show the benefits of immigration in the first place, while the many documents posted allow you get to started fast, and you can even look into unique topics such as adopting from abroad.

2-A Lawyer
If you are ever unsure of how to get started with immigration – whether you are unsure what visa is right for you, if you are eligible for a green card, or how to become a U.S. citizen, an experienced immigration lawyer is invaluable. He or she can explain the laws. You might be eligible for a green card because of immediate family here. You may be eligible for citizenship if you have been in the U.S. for at least five years. You might be curious on what is allowed as a permanent resident in terms of travel, or you might be curious as to how an employer can sponsor you for a green card.

A lawyer is necessary for the majority of immigrants. If you truly want to get this done right, a lawyer can answer all your questions. How can you find a lawyer capable of helping? Your first stop may be online.

3-Study Online
Perhaps the best resource for immigration help beyond consulting with a lawyer is looking online, often beyond the USCIS site. You might find your lawyer online. You may find a useful blog like this one where you can find more information about immigrating. You might find an article on how to maintain your green card.

If you are going to hire an experienced lawyer – and you almost always should – it’s time to consider where you might look. Going online has many advantages. You can do so any time of the day, look over relevant experience, and contact multiple lawyers in a matter of hours.

There are many other resources for immigration help. You might try a book or find a magazine in a library. But if you are limited on time, the USCIS.gov site, other online resources, and an experienced lawyer can help you.

November 22, 2010

The Value of Legal Help When Immigrating

Dreams do happen, and often they involve a change of scenery. You might get a better education in the U.S., with that education get a better job, use that job to help raise your family, and live the dream many in other countries simply do not have. True, the United States is not paradise, but why do so many try immigrating here every year, even illegally? You and your family simply have more options. One option you should consider when deciding to immigrate is that of a legal help for immigrating. If you want the dream, you should hire an experienced immigration lawyer.

There are literally thousands of lawyers ready and capable to help you get started immigrating, though some will be more experienced than others. You want a lawyer who specializes in immigration law, and not an immigration consultant.

Why not hire an immigration “consultant”? Well, they rarely have a legal degree, often break laws, and often steal your money. You will see ads for consultants if you look online, or you may be referred to someone, if not find one by looking locally for legal help. The right kind of legal help comes from an experienced lawyer, someone with a legal degree.

Where do you look for experienced lawyers? It depends on where you are. Say you live in Mexico, have access to the internet, and want to immigrate to the U.S.  You can likely find an experienced immigration lawyer by looking online. They might have a site or blog like this one. They might have all their experience posted. And often they’ll be willing to consult with you for free the first time.

How much will you pay? Typically legal fees for immigration are on the low end. It depends on who you hire, but you likely cannot afford tens of thousands of dollars. Some lawyers may be willing to negotiate with you on fees. This is not to say you should hire the cheapest lawyer available, nor should you the most expensive. Find someone who is willing to spend time with you, can communicate well with you, and who you are able to afford.

How long will this take? Immigration is not an overnight process, and there is a backlog in immigration applications. In some situations, you can cut down on the immigration time process, such as being sponsored for a green card by immediate family, or by using the Immigration Lottery. In the Immigration Lottery citizens of smaller countries who send less immigrants to the U.S. are offered options every year, on a limited basis, to become permanent residents.

If you’re unsure of how to get started, that’s okay. You should consult with a legal professional, or begin studying the official U.S. Immigration reference at USCIS.gov and decide on what you want.

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.

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 4, 2010

Rights a Green Card Gives You – And Responsibilities You Have

To put it it simply, you gain more rights as a permanent resident of the U.S. than the majority of others have in the world. While the U.S. being the “best” place to live, work, and raise a family can clearly be debated, the simple fact is for many immigrants the dream is more than worth having.

What rights does a green card give you?
You can work most all jobs in the U.S. You have about all the same rights as a citizen. There are some powers you do not have, as we’ll go over next, but suffice to say you get more than you might think.

What can’t you do?
You can’t vote in most elections. If you break major U.S. laws, you can be deported (citizens cannot be deported). So you cannot break laws, such as getting a felony charge, and expect to stay here.

What are the major benefits of permanent residency?
You can sponsor immediate family for green cards once you come here. If you have a spouse, for example, you can sponsor him or her. If you have children born in the U.S. they will get automatic citizenship, a true dream for many. Perhaps best of all, getting a green card means you will be eligible for becoming a U.S. citizen over time. If you earn citizenship, you can sponsor more family to come to the U.S., you can vote in all elections, serve in the armed forces, pay taxes and therefore be eligible for social security when you retire, and much more.

What if you leave?
You have rights even when you leave the country. Generally you don’t want to leave much longer than six months. You can travel often as a legal permanent resident, but be aware of your visa status. If you stay for a year or more, you may lose your green card and have to reapply.

Who can help?

An experienced immigration lawyer is essential in understanding the rights, benefits, and opportunities a green card gives you. Perhaps more importantly, once you are eligible to apply for U.S. citizenship, an immigration lawyer is invaluable.

Where do you start?

To get started in applying for a green card, a good first step is to start reading up on immigration materials and laws. You can visit the USCIS.com for immigration laws. You also want to start searching for a professional lawyer to help you. With both knowledge of U.S. immigration laws and a legal expert helping you, your chances of successful immigration are very high.

August 11, 2010

5 Tips on Sponsoring a Family Member for a Green Card

Who can you sponsor as a citizen? Who can help you with immigration law? This blog guide gives key tips on successfully sponsoring family for their green card.

Who you can sponsor as a citizen?

As a U.S. citizen, you can sponsor immediate family – your parents, spouse, brothers and sisters, married children, and unmarried children. As you can see, you can’t just sponsor anyone. If you sponsor immediate family, they do not have to wait. They are on no waiting lists and can immigrate much faster than others. Once your family members immigrate, they too can sponsor immediate family. Once they get citizenship, they have the opportunity to sponsor all their immediate family.

Who can you sponsor as a permanent resident?
If you are a permanent resident, meaning you have a green card, you can sponsor only your spouse and unmarried children (any children you have who are not married). Once you are naturalized, becoming a U.S. citizen, you can sponsor many more in your immediate family.

How long will it take?

Immediate family are on no waiting lists, are not subject to the amount of green cards given every year, and can immigrate almost immediately. However, other family may have to wait some time; according the legal website NOLO.com, the numbers are as low as one year to 23 years. These numbers may seem inflated, and it depends on the country. Usually it will take several years before they can get a green card, mainly because of the long waiting list.

How much does it cost?
Immigration fees typically cost a total of $1,000 to $2,000, sometimes more and sometimes less. This all depends on what the person is applying for. Lawyer fees typically can be higher than the actual filing fees, but a lawyer is essential in successfully applying.

Who can help?
Your family’s best asset in sponsoring for green cards is an experienced immigration lawyer. It’s his or her job to make sure you correctly fill out forms so your immediate family can immigrate, and others in your family can come too. An immigration lawyer is essential in not only getting a green card, but also applying for citizenship.

Just in 2009, over 1 million permanent residents became citizens. Once you become a permanent resident, you can sponsor other family, and once you earn citizenship, you have more options in who you can sponsor. If you have further questions, contact a local immigration lawyer.

June 25, 2010

10 Tips on the Green Card Process

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

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

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

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

Ask Questions

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

Ask for Help with the English Language

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

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

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

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

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

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

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

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