Getting green cards through family is very common, but sometimes misunderstood. Clearly there are some laws you must follow, some tips which can save you time and money, and major benefits for you and loved ones if the petition for permanent residency status succeeds. Let’s answer some family based immigration questions.

What is a green card?
A green card allows you to live, study, and work in the United States. You are considered a permanent resident, though you will have to reapply every 10 years. There are many benefits: you can live here, study here, find jobs here, and petition for other family members to come too. It’s also the first step in earning U.S. citizenship.

What is citizenship?
Citizens of the United States have the most rights. You no longer have to file every ten years to stay in country if you’re a citizen. You can vote. You can pay taxes (technically you do with a green card too), making you eligible for benefits like Social Security and medical coverage. You can also travel when and where you want for the most part, with no difficulty in reentering the country; also, you can live somewhere else and still return to the U.S. as a citizen. If you only have a green card, it can be difficult to travel in and out of the country, and if you leave for extended periods, you may have to reapply. Citizenship for immigrants most often comes after first getting a green card.

How do you get a green card?
One of the most common ways to earn a green card – permanent resident status – is to apply through family. Technically, you have a better chance of an early decision with family based petitions. This is because family based petitions are put ahead of others. For example, if you are  a U.S citizen, you can sponsor your new spouse. This will be a much faster process than if you sponsor a distant relative. In other words, family based visas and green cards carry more weight the closer to you they are, or the closer the one you love is. If you are in need of being sponsored, your best options are to be sponsored by your spouse, parent, or sibling.

The Rules on Petitioning for U.S Citizenship
You can petition based if you are a U.S citizen under the following rules. If you want to be petitioned, this applies to you as well.

-You can be sponsored or you can sponsor via your spouse. You can also sponsor a child under 21.
-Your parent can sponsor you if you are at least 21 years old, or if you’re the parent you can petition an adult child.
-You can sponsor your unmarried child over 21, or their children.
-Finally, you can sponsor a sibling and is or her spouse and children (as long as you are over 21).

If you have a green card, or your loved one does, the rules are you can petition your spouse or your child under 21. Lastly, you can sponsor your unmarried child under 21 years.

How to Start
To get this process going, knowing the laws is one thing, but following them is another. You need an experienced immigration lawyer to help with your case. A lawyer can make sure you follow the above rules and more, giving you and your loved ones the best chance of getting green cards and eventually U.S. citizenship.

While you can still get good jobs as a permanent resident of the United States, there are some key benefits to applying for citizenship. But why not just keep your green card and ignore applying for citizenship? Doesn’t it take forever?

Actually, the citizenship process for permanent residents, while complex, does not drag on very long. After all, just in 2009 over 1 million permanent residents of the U.S became naturalized U.S. citizens. They applied for many reasons, ones an experienced immigration attorney can go over with you. One key benefit you may have overlooked is Social Security.

What is Social Security?
Social Security is something you pay into on every paycheck as a citizen. They take your money, but you get some immense benefits. When you retire, you will be eligible for Social Security benefits. If you ever get hurt while working and cannot continue, you are immediately eligible for Social Security benefits. For example, if you were hurt while driving, broke your leg, and you cannot work for months, you can apply and likely will be accepted for Social Security Disability Insurance. It is your right, and is why the government took small amounts of your paycheck. But only U.S. citizens get these benefits.

How Does Social Security Help?
There are other ways Social Security can help. Say you suffer from a mental disorder which makes it next to impossible to work. You are therefore eligible for Social Security Income, a monthly paycheck which you can be eligible to receive as long as needed. This is an immense help, and again your right as a citizen. Also, you will be eligible for Medicaid help, along with food stamps if you cannot afford to buy a lot of food.

Travel
There are some other key benefits for naturalized U.S citizens, though not quite as big as Social Security. If you enjoy traveling or just want to live somewhere else for a few years, you will have no problem in reentering the U.S. when wanted. Citizenship is a lifetime deal. For permanent residents, it may be difficult to travel in and out of the country.

No Deportation
As a permanent resident or visa holder, you can legally be deported from the country. As a U.S. citizen, you cannot. While being deported isn’t too common, it does occur if you break the law, and technically does not have to be a major crime.

No Fear
You need not worry about money if you’re hurt. If you cannot work at all, you can get help. If you want to travel, there is no need to worry about being allowed back in the country. If you break laws, you can stay here. Citizenship does not mean you can break laws and do whatever you want, but it offers far more benefits than a green card.

One common question we hear is, just what is naturalization?

But to answer that question, you have to know what immigration law, immigration visas, and green cards are. This post will educate you on immigration law, but if you have more questions, feel free to contact us or comment.

What is immigration law?
This is a federal guideline (or law) used by the United States government in regulating travel and residency here. That means the U.S. government is the first person you go to if you want to stay, work, and permanently live here. Also, under federal law you can be deported if you break immigration law.

What is an immigrant?
An immigrant either 1) wants to live for an extended period in the U.S. or 2) wants to live here permanently. If you get a green card, you are considered a permanent resident.

What is an immigrant visa?
This is authorization to stay in the U.S.. after qualifying for permanent residency.

What is a green card?
A green card is given to you if you qualify for permanent residency status. If you want to become a U.S. citizen, in most cases you first need to be a permanent resident. A green card lasts 10 years and allows you to live and work in the U.S. You do have to reapply after 10 years, or apply successfully for citizenship. You can apply for a green card with an immigration attorney’s help. You can technically be deported for breaking U.S. laws. The good thing is you are eligible to stay, study, and work in this country, and you can sponsor other family to do the same.

Now, what is naturalization?
If you are naturalized, that means you are a legal citizen of the United States. This is the dream for many immigrants, especially in dangerous, economically weak, and unstable countries who want the opportunity to live, study and work in the U.S.

How do you become naturalized, a U.S. Citizen?

You can apply under one of three steps.
1-You have been a permanent resident for five years
2-You have been a lawful permanent resident for three years, have been married to a U.S. citizen for those years, and you continue to be married.
3-Or, your parents are U.S. citizens. If you are under 18 years of age and your parents are citizens, you are automatically a U.S. citizen. Otherwise you can apply with a good chance of success.

Will your children be U.S. Citizens?
If you have a child and you’re a U.S. citizen, he or she is automatically considered to be naturalized. The limit is 18 years. If you were just naturalized and you have a 20 year-old son, for example, he can be sponsored through you but he isn’t automatically a citizen.

What’s the first step?
The first step in becoming a U.S. citizen is to do some research and ask for help. An experienced immigration attorney can help you get a green card, become a U.S. citizen, sponsor family, and reap all the rewards of living and working in the United States.

There are many benefits in getting a green card and then being naturalized.  But it’s not easy.

For one, you need an experienced immigration lawyer. You need to be educated on U.S. law. If you’re hoping to get your green card, or be naturalized, this post helps with action tips on getting and keeping a green card, along with applying for U.S. citizenship.

1-Hire a Lawyer
Hiring a lawyer means getting help from a professional in immigration law. For one, lawyers are less costly than you might imagine, can help more than you might think, and the experienced ones can educate you on this entire process and every tip contained in this post.

2- Delays in Immigration Filing
Expect delays when you apply for a green card or citizenship, and be ready for them. This means you should not delay reapplying if, for example, your green card (permanent residency status) is coming up. Be as early as you possibly can. Why? The U.S. Citizenship and Immigration Service can be very busy, and may not get to your paperwork for some time. If you wait to long, it might be too late to apply and stay within the country.

3-Getting Citizenship
Instead of only reapplying for your green card, apply for citizenship in the U.S. This means hiring an experienced immigration attorney, asking for family members who’ve been naturalized to file for you, and staying within all U.S. laws. Citizenship is a big step, with immense benefits. This too can take some time, but if you follow your lawyers advice, and you have family already naturalized, your chances are very high.

4- Be On Time
Instead of delaying your appointment with the United States Citizenship and Immigration Service (USCIS), always be on time for every appointment. If there is any way to arrive a few hours early, do so — it’s more than worth it. Why? If you are late, it could delay your application for months. And if it takes months and your on a timetable, you might miss your chance for applying before your green card expires.

5- Get Help from Naturalized Family Members
If you have family members who are naturalized U.S. citizens, they can put in the application for you. Instead of just one petition, ask for several if possible from several of your family members. That way you have more options in case something happens with the application or if one person passes away.

6- Avoid Violations and Stay Within Laws
One of the primary problems in immigration law is immigrants breaking U.S. laws and being deported. This could very well rob you of the chance to live in the United States, either as a permanent resident or as a citizen. If you are unaware of certain laws, ask an attorney.

7- Educate Yourself on the Laws, and Ask for Help
You should also read up on basic immigration law, just like this blog post. If you are unsure of certain laws, there are many references and experts who can help. If you hire the right immigration lawyer, he or she can advise you on who to talk to if they don’t have the answers.

A green card has many key advantages for immigrants who want better jobs, homes, and an education. Perhaps the biggest benefit is being able to live and stay within the U.S. Also, you have the option to apply for U.S. citizenship after you’re a permanent resident.

But how long does a green card last? And are there ways to keep it, and eventually becoming a U.S. citizen?

The first question is the easy one: a green card will last for 10 years before you have to reapply. This is an important step as you need to renew it with the U.S. government; otherwise, you can be denied reentry if you leave the country. If you’re late on applying for a green card, you should not wait to contact an immigration lawyer for help or filling out the necessary applications.

Since a green card lasts 10 years, that gives you plenty of time to consider U.S. citizenship. You have four options for U.S. Citizenship:
-Birth in the U. S.or its territories automatically grants you citizenship
-Birth to U.S. citizen parents also grants you citizenship
-Naturalization of your parents can earn you citizenship
-Finally, you can apply for naturalization yourself

Naturalization is the term used in immigration law when you are going from permanent resident to citizen. In most cases of naturalization by birth, you have little work to do in applying. You are automatically a U.S. citizen. In some cases, naturalization through your ancestors–if you’re grandparents were U.S. citizens, for example–is an option.

In order to become a U.S. citizen, the majority of immigrants need to first be permanent residents. That means applying for green cards. Green card holders have to follow U.S. laws in order to remain in the country.

How do you keep a green card?
You first must follow all U.S. laws. It doesn’t always have to be the major crime or felony that you break. Small things such as being caught with drugs in your possession can lead to losing your green card and being deported. Also, if you try to use fraud to get your green card, or helped someone else illegally get a green card, you can be deported.

Just because you get a green card does not mean you can live somewhere else and/or travel for extended periods at your leisure. A common mistake permanent residents make is going away to live in other countries for extended periods. If you leave the U.S. and intend to live in another country, you lose your green card and will have to reapply. Permanent residents must live within the U.S.

The best option is to file for U.S. citizenship so you need not worry about these. Once you earn U.S. citizenship, you must follow the laws but you cannot be deported, you can travel, and you will maintain your citizenship for your entire life. To do this, you can hire an immigration lawyer to first get a green card, if you don’t have one, and then to successfully file for U.S. citizenship.

Why become a U.S. citizen? There are numerous benefits for citizenship. This guide goes over the biggest advantages of going from a permanent resident to a U.S. citizen.

But first, what do these terms mean?

In a court of law, permanent resident status (having  a green card), grants you the right to live in the U.S. You can be deported for breaking laws, but in most cases you will be free to live here until you have to reapply after 10 years time. Once you get permanent resident status, you are then eligible to become a naturalized U.S. citizen. This is a permanent ruling you do not lose over time. There are cases where you can go from being a immigrant with no green card to a U.S. citizen, but in the great majority of cases appliers currently have a green card.

A U.S. citizen is someone who was born in this country, has been naturalized in other ways such as through marriage or through ancestry, and who has the most rights of any person in the  U.S. All jobs are technically open for you, you pay taxes and earn social security benefits and more.

Now that we’ve defined the terms, let’s go over 6 benefits of U.S. citizenship.

Maximum Rights Available
First, in broader terms a U.S. citizen has the most rights of any person living within the country, no matter your race, sex, origins, or political beliefs.  You have all the rights laid out in the constitution, protection by federal government, the opportunity to work permanent jobs, the option to serve in the armed forces, and many more advantages.

Sponsor Family
If you want to give the maximum rights available to those in your family, you can do so once you earn U.S. citizenship. In fact, the majority of naturalized U.S. citizens are sponsored through family or marriage. If you have, for example, a brother in Britain who wants to live here, he has the opportunity to be naturalized. If your husband is a resident of another country, once you marry him you he can be naturalized. This is a bigger benefit than it sounds: being a U.S. citizen has immense rewards especially  in terms of jobs.

Live in the U.S. Permanently
Instead of reapplying for your green card every ten years or worrying about traveling, you can live in the U.S. permanently. Optionally, you can have residences in other countries and maintain your citizenship with no fear of losing it.

You Can Never be Deported or Denied Entry
If you break U.S. laws and you have a green card, you can be deported. An example includes selling illegal drugs. However, once you become a U.S. citizen, you have rights under the constitution to stay within the country. Also, if you travel often, you can never be denied reentry into the U.S.

Social Security
Once you become a U.S. citizen and start paying taxes, it’s only natural to get something back from that. That includes social security benefits for when you retire or if you require disability benefits after an injury.

Right to Vote
As a permanent resident of the U.S., you have no right to vote. As a citizen, you can vote. This too may seem small, but it’s a dream for many.

Immigration law experts are now noting a new way for immigrants to illegally get into the U.S.,through the student visa. The student visa has become a headline again with reports across the web and newspapers about how crime rings were being hired to take immigrant proficiency exams and classes for immigrants in need of student visas so they could stay in the U.S.

After 9/11, immigration authorities took clear action on stopping such occurrences. In fact, one of the Sept. 11 hijackers involved in the attacks used  a student visa to enter the U.S.

Rings involved in illegally obtaining U.S. student visas have been broken up in recent months across the country, including  Florida, California, and Georgia.

What exactly were they doing? These rings were operated to keep student visas for immigrants. The criminals would take tests, do immigration paperwork, attend classes in the immigrant’s name, write term papers, and guaranteed passing grades. This has been termed as a new illegal way to easily pass through checks and come into the United States.

It should be said, these rings were not involved in terrorism activities, at least early reports are stating that. But they are showing another flaw in how U.S. immigration laws are keeping certain immigrants out of the country.

What does this mean for U.S. immigrants today? Why use student visas to enter the country illegally?

Non-immigrant student visas are given to aspiring students hoping to study at an American academic institution, language training program, or a vocational school approved by the USCIS (United States Citizenship and Immigration Services). Actually being accepted into one of these schools is just the start. While getting a student visas is far from impossible, with new laws, and news items such the aforementioned, it’s tougher.

You can get two types of student visas–a visa for a college, university, seminary, conservatory, academic high school, or a visa for a language training program. In some cases, you can also get a visa for pursuing nonacademic or vocational schools.

You need to be accepted. As a foreign national, you must show you’ve been accepted into a U.S. school or program of some kind.  In most cases, you must prove an ability to speak proper English. This is important as the classes will be taught in English, and does not concern actual nationality. Once you’ve proven you are eligible for education, you must prove you have the money to pay for the U.S. school.

A student visa is clearly one way to live in the United States. It’s one step closer to proving you can become a U.S. citizen. Be clear on all the laws involved in applying for a U.S. visa, never put yourself in a position to be deported from the country, and if you have questions contact an immigration lawyer for counsel.

Getting a green card, maintaining it, and then earning citizenship is the dream of many immigrants. If you’ve wanted to live in the land of opportunity all your life, you might be willing to take illegal actions to do so. With the recent flush of fake visas and phony marriages, the United States government  is cracking down. This post focuses on the dangers of fake marriages: what they are, the penalties, and what you should do instead.

What is a “Fake” Marriage?
First, a fake marriage hurts you more than it helps you. It’s not valid if you want to immigrate to the United States from any country. But the secret is, you don’t get caught with your fake marriage, right? You should consider the chances of being deported and never having a chance to become a permanent resident if not a citizen of the U.S.

The fake marriage, or sham marriage, is a loophole in immigration laws. You marry someone not because of love or family choice, but because you want to use the loophole to become a permanent resident of the U.S.  The law makes it clear you can immigrate if you are married to a U.S. citizen, and that any children you have will then be U.S. citizens. You might even be able to become a U.S. citizen yourself. However, if you use loopholes to get through the system instead of doing it properly, you’re breaking the law and could lose an opportunity

Penalties for Marriage Fraud
The maximum penalty for marriage fraud  is 5 years in prison and a $250,000 fine. Marriage fraud used to be more common, but the U.S. government has taken a much greater interest in marriage fraud in recent years. That means, years ago you might have been able to get away with it, but now you have to truly prove you are in love with your spouse.

How Your Caught for Breaking Immigration Laws
The USCIS is hard to fool. You might think it will be easy: you say you’re in love, they say they’re in love, you get married, and you move on. However, the USCIS is taking an active interest, using technology to catch marriage fraud early and often. They can not only look into your past life, but do so with everything from previous addresses, where you worked, and anything else in the public record. The USCIS has also been known to do field investigations. This is how serious they take marriage fraud; they are willing to do field work on just you.

What to do Instead of Marriage Fraud
While honestly applying for permanent residency and citizenship is a tough process, it’s far better than choosing to break U.S. immigration laws. Instead of no chance, you have a reasonable chance to live in the U.S. You can visit here legally. You have a number of options beyond marriage to get into the U.S. and earn a green card, maybe even citizenship. Students and skilled workers, for example, have the opportunity to stay here for extended periods and get green card.

If you have any questions on how to legally get permanent residency in the United States, call an immigration lawyer today.

A recent Supreme Court ruling has immigration law experts interested in helping  noncitizens of the United States in new ways. There are over 12.8 million legal immigrants  living in the U.S., and this case and ruling both should be of interest.

The actual ruling, a headline across the web, concerns one Jose Padilla, a legal permanent U.S. resident for the past 40 years and a Vietnam War veteran. Padilla, a truck driver, was pulled over, and inside his truck were over 1,000 pounds of marijuana.

What happened next? First, the Kentucky Supreme Court ruled that  the Sixth Amendment, which has a “effective-assistance-of-counsel” guarantee, doesn’t protect defendants from incorrect deportation advice. Padilla was advised,, after pleading not guilty to the drug charge first, to plea bargain with the court; he was also told he’d be able to continue living in the U.S. if he did plea bargain. In essence, he was giving incorrect counsel about his rights.

The Kentucky Supreme Court ruling said the mistake was outside the scope of immigration law, and  should still be deported. Then the U.S. Supreme Court ruled that defendants such as Padilla have the right to know of consequences of any guilty plea, including deportation. While the U.S. Supreme Court overruled the Kentucky Supreme Court, the charges to be placed against Padilla will be made by a lower court. We’ll have to wait and see exactly what happens in Padilla’s case, as he is currently charged with several state crimes and felony drug trafficking.

Immigration Law
Since it takes so long to get in the United States as an immigrant and to be accepted for a green card and citizenship, be clear on all the laws from the outset. Deportation is the last thing you want, as it will be next to impossible to get back in the country legally. Once you get here, be careful, be clear on all laws, and always get professional counsel when needed. Do not make choices on law by yourself.

Warning to U.S. Immigrants
While hiring an immigration lawyer is advisable for those interested in being legal immigrants in the United States, you should also discuss U.S. laws with a professional immigration lawyer. Padilla’s case is not out of the ordinary, where crimes lead to deportation; it actually happens quite often. The case should be followed to see how the laws are enforced and if deportation will occur.

Hiring Lawyers
In any court case or legal proceeding, you need to get a professional lawyer. To get in the country and see what you are eligible for, hiring an immigration lawyer is a must. And be clear on all the laws you have to follow. An immigration lawyer can not only help you with all the documents, but help keep you within the laws of the United States.

If you ever do get in trouble and worry of being deported from the country, at the least ask for counsel, and if possible hire a professional immigration lawyer.

New York is currently and historically one of the states which immigration has the most effect. After all, many from around the country had ancestry who came through Ellis Island. And not much has changed, as New York is only second to California in terms of permanent residents in 2008. New York had almost 150,000 new legal permanent residents in 2008, while California had close to 250,000 new permanent residents.

Let’s focus on New York. What has the impact been on New York with so many living here? It’s clear New York has been one of the most populous place for both citizens and permanent residents, but the effect of new immigrants can always have positive and negative effects.

First, what does permanent residency mean? What’s a green card?

A green card and permanent residency mean you have the right to live and work in the U.S., and travel in and out with few restrictions. You cannot vote, and technically can be deported if you break laws.

Most with green cards are family members of U.S. citizens. Often naturalized immigrants have children here and these children are considered U.S. citizens, so if you’ve been naturalized, you can expect your children to be U.S. citizens.

Many also get permanent resident status (green cards) through marriage. This is technically legal, but has been abused in the past and occasionally is abused today. You must in a sense prove you intend to marry your spouse and have serious feelings; otherwise it might look suspect. If you already have children with this spouse, it’s often an easier argument to prove you do indeed want to marry this person.

Before we move onto the impact permanent residents have had in New York state, what has  the impact been nationwide? In 2010, the foreign-born population in the U.S. is expected to reach 43 million, which is almost 14 percent of the total. While this may seem to be a large number, in years past there have been ever more foreign-born living permanently in the country. Canada, for example, has a 17 percent foreign-born population, while Australia has almost 25 percent. So it’s not an event localized to the U.S.

As for New York, the state traditionally with high foreign-born permanent residents, the numbers are different. While it used to be the majority flocked to New York and other large states such as California, when you compare 1995 to 2000, less immigrants have flocked to the traditionally large states, and more have gone to North Carolina, Georgia, and Nevada in large numbers.

That said, New York is still #2 on the list of total permanent immigrants in 2008, with about 144,000. That’s a number which has varied in recent years, but typically you can expect California to be #1 for new permanent immigrants and New York #2.

With 144,000 new residents, and such a problematic economy, it’s safe to say new permanent residence may have trouble finding work here. New York has  one of the highest unemployment rates in the US, over 10 percent by recent numbers, with new jobs added stats going down.

The impact may not be negative. With the economy slowly rebounding, and the New York unemployment rate going down in recent months, you can expect to find more jobs. To make sure you can work in the state as a permanent resident,  you must always follow the laws, work with an immigration lawyer, and apply for citizenship if you do have a green card.