Immigration Process

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January 10, 2011

Long Term Benefits of Immigrating to the United States

You can change your life by immigrating to the U.S. It can lead to a better job. It can lead to a better education. It can lead to your children being born here and becoming. There are more long term benefits. This blog guide will highlight them.

Better Jobs

Earning a better jobs is the #1 reason most immigrants come to the U.S., especially from Mexico and other Latin countries. The jobs are simply better. Wages are better. Work life is better. Benefits are better. You have a chance to move up the ladder, often without prejudice against race or gender. Not all countries have these advantages.

Better Education
While the schools in the U.S. have not been the best in the world, the shear number of quality schools from elementary through secondary school gives many long term benefits for families. Some of the best teachers in the world are in the U.S. Compared to most countries, the U.S. has far more quality colleges and universities. There are programs for people from low income families to get support to pay for a college education. There is a reason immigrants come from worldwide to study in U.S. schools.

Better Way of Life

While crime is a problem in the U.S., there are drugs, violence, and gangs, the way of life is still much better than other countries. There has not been a war on U.S. soil in hundreds of years. We live in a democracy, something not all countries have. There are police officers. There are elected politicians. Simply put, you can live a safer and more productive life.

Right to Vote
As noted, the U.S. has a democracy. And because of that, all citizens have the right to vote. If you immigrate here, and become a permanent resident, you do not get the right to vote. But if you stay long enough, follow all laws, and fill out the proper forms, you can become a U.S. citizen. If you are born here, you are automatically a U.S. citizen, so if you have children born here, they will be citizens. If you have a spouse who is a citizen, the process is also faster.

Right to Benefits
Working grants you the right to have benefits. Working makes you pay taxes. Paying taxes means you have the right to certain benefits, namely social security benefits for when you retire. This means a regular monthly stipend and medical help. While you won’t be rich with these benefits, for many hard working immigrants they are a life saver.

Better Life for Children

Your children can have a better life. They can become U.S. citizens. They can grow up with good schools. They can get educated in college. They can help your family transition into the United States. We are a nation of immigrants. If you are curious on how to get this process started, it’s time to consult with an experienced immigration lawyer.

December 17, 2010

Some Immigration Mistakes You Don’t Have to Make

We all make mistakes, but some are bigger than others. In immigration, mistakes are quite common because of how complex immigration law is. No matter how straightforward your green card application is, or how many years you have followed laws in the U.S. and maintained your status, sometimes mistakes happen. They may not even be your fault, but often something does occur which delays the process if not leading to a refusal. This blog guide will go over several common immigration mistakes you need not make.

Not Hiring An Immigration Lawyer
Yes, some try to get a visa, green card, or citizenship without having an immigration lawyer to help. An immigration lawyer saves you time, money, and legal problems. Your lawyer can help you through every step of this process, answering your questions and resolving problems. Perhaps the most important part is simply filling out applications correctly, which can be complicated.

Staying Here Permanently

Overstaying your welcome is another common immigration mistake. It happens all the time. Of the 40 million or so immigrants here, only 10 million are here illegally, and the great majority of these in fact have overstayed their welcome. You might get a green card, which gives you 10 years in the U.S.,  never renew your card, and never apply for citizenship. You are then here illegally and can be deported. Don’t make this mistake, and if you need help in applying, consult with a lawyer.

Breaking the Law
If you break the law, you can also be deported. Sometimes even seemingly minor problems like getting a DUI can lead to deportation. You may not even be able to ever visit the U.S. again and can spend time in jail.

Entering Illegally
Illegal immigration is obviously a major problem for the U.S. There are millions of illegals in the country already and many more come every year. This occurs for various reasons, namely the better way of life the U.S. has than certain countries. However, you can immediately be deported, be denied entry for 5-10 years, and may even spend some time in jail.

Showing Hostility to America

If you show any kind of hate or hostility toward the U.S., you can be barred entry. If you are in the U.S., you can be deported. If you are suspected of being a terrorist, you can be arrested. The point is not to show this kind of attitude to U.S. officials, who will keep out hostiles.

Lying on Applications

When in doubt, consult with your lawyer. We are not saying you should lie, but you need not give away discriminating information if possible. You should avoid lying about anything on your application. If you lie about certain activities, such as being a former drug user or seller, you may run into problems. If you had problems in the past, try to explain them, and are honest, you have a much better chance.

Giving Too Much Information
When you are arrested for a crime in the U.S., you are told you have the right to remain silent. One common mistake immigrants make is simply giving away far too much information. Only answer what is asked; do not volunteer information. If you are questioned, that is another story. But you may be nervous, simply say too much, and run into trouble.

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 13, 2010

4 Immigration Law Myths

Myths about immigration law abound. The problem is under a microscope because of the Arizona debates, where immigrant rights are being questioned. Whether you side with those who believe immigrants hurt our economy or those who say they help, we might all agree that there are many myths which seem to take a life of their own. Some of these myths are debatable, but debate is good. Let’s go over some common myths on immigration law.

Immigrants Take Jobs

Immigrants account for about 12 percent of the population, and take about 15 percent of our jobs. However, this number can be confusing. In a recent editorial on the Washington Post by Dorris Meissner, the point is made that many Americans are simply not in the work force, more than at any point in our history. First off, many of us are getting older, approaching retirement age. The numbers of immigrant jobs being taken is not entirely hurting us, though it can seem so in a tough economy. These same immigrants are also spending millions of dollars in the U.S., creating new jobs, and the jobs they take tend to be on the lower end. The amount of money immigrants pour into our economy is important, and these new jobs are helping us. On the other hand, most of the jobs taken are not college level jobs; these are minimum wage and other unskilled positions where 1st and 2nd generation immigrants can create opportunities for themselves. The myth has some basis for truth in that immigrants do take positions, but most are not educated, and most of the money they make is both taxed and goes back into the economy.

Most Immigrants Come Illegally
There are about 30 million immigrants currently in the U.S., and about 20 million of these immigrants actually are citizens or hold green cards. Many who are here illegally actually came legally and overstayed their visas. In other words, most immigrants come legally, stay legally, and follow all laws.

Immigrants Aren’t Integrating

This is another myth with some basis in fact. The problem is that immigrants have rarely integrated entirely in the 1st generation, and many current immigrants are 1st or 2nd generation. It takes time to learn English, to master U.S. laws, and to understand how our job system works. Almost all immigrants eventually integrate and learn how our society works. They learn English. They get educations. They hold skilled jobs. They follow laws. And they pay taxes.

Immigration Lawyers Can’t Help
Immigration lawyers can get a bad name. Well, there are only about 7,500 practicing in the U.S., and there are more who call themselves “immigration consultants,” where much of the myth is based. Immigration consultants hold no legal degree, often break immigration laws, and quite often lie to their clients. Experienced immigration lawyers, on the other hand, can help you get a green card, follow U.S. immigration laws, and become naturalized U.S. citizens.

December 8, 2010

Tips to Hire a New York Immigration Lawyer

With hundreds of immigration lawyers in New York and over 7,000 working in the country, you have many options when it comes to hiring an experienced lawyer. The problem is in choosing from so many. How do you differentiate a good New York immigration lawyer from a bad one? Where do you look for a lawyer? How much will it cost? These questions and more will be answered in this blog guide.

Are they an AILA member?
The American Immigration Lawyers Association is a good reference point for hiring a New York immigration lawyer. All immigration lawyers should be a part of this association. It keeps them informed on changes in laws. It keeps them connected with the government. And it shows they have a vested interest in immigration law.

How much do they charge?

Oddly enough, you don’t want a low priced lower nor one much higher than everyone else. Most immigration lawyers charge based on a flat rate – where you pay a certain fee for the entire service. Some charge on hourly, but usually you want a flat rate. If a lawyer charges too little, it may show inexperience. If they charge too much, much higher than other lawyers, you may be able to save some money by hiring someone else. In any case, it’s time to find out what you can afford, what the going rate is, and who you can get the most value from.

How much experience do they have?
You want someone who has been practicing immigration law for some time. While being fresh out of law school is not necessarily bad, it does show some inexperience, especially in handling problems. A lawyer needs court room experience and problem solving abilities. This comes over time. You also want a real lawyer, and not someone who defines themselves as a consultant – lacking a legal degree. Most of the time these consultants have no real power if you run into problems, and sometimes even break laws.

What is their specialty?

First off, you should get a lawyer who specializes in immigration law. Second, you want someone with relevant experience for your case. There are many niches within immigration law, including getting a green card and employment based immigration. Therefore, you can find a New York immigration lawyer with experience in your particular need. If you simply want to get a green card, you might prefer a lawyer well versed in these laws rather than employment visa laws.

How big is their caseload?
Some lawyers take on too many cases to handle. Some have paralegals who handle too much of the caseload. You want your lawyer actually spending time on your case, especially if there are problems. If your green card is rejected, you need to reapply, and this takes time. If you are deported, you must appeal. If you want to earn citizenship, this too takes time. If a lawyer has dozens of other cases, he or she may lack the time to truly help.

How well do you communicate with them?
Finally, what kind of personality does your immigration lawyer have? We all get along with certain types more than others. Be sure you can get along well with this lawyer, that you can communicate concerns, and that you can always ask him or her questions.

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 4, 2010

Drug History and Immigrating to the U.S.

If you have a drug background, you may wonder how much that will affect your immigrating to the U.S. It can definitely have an affect on whether you can come here or not. This guide shows you how to avoid problems.

First, if you can avoid it in the first place, that’s your best option. While this may be after the fact, you can avoid a lot of trouble by staying away from criminal acts prior to immigrating, if not in general. Drug dealing, for example, looks very bad to U.S. customs officials, who regularly keep non-citizens out who commit such acts. If you have a history of drug trafficking, it can lead to being denied entry, or to be deported if you lie about it.

Second, if you have a drug past, perhaps possession or even trafficking, do not lie about it. If you lie, and it’s found out, you can be deported. Instead, be upfront about any drug history you might have. Oddly enough, many from countries across the world lack a perfect criminal and drug record. We all run into problems. However, if you try to hide this, it’s much worse than simply telling the truth. If you tell the truth, you have more opportunities.

Third, try to change your life around and have proof of doing so. You might try to get to drug counseling. You may get a regular job and start a family. You may start volunteering to help others avoid the life you lived. If you can prove to U.S. customs that after you had a problem you tried to change your life around, you have a much better chance of immigrating. In other words, you made some mistakes before, so now it’s time to make up for it.

Fourth, understand your rights. Simply because you are an immigrant and not a citizen does not mean you have no rights. True, you have less rights than a citizen does, but you are no less of a person. If you feel you are being treated unfairly, you should fight for your rights. You may take the next step and hire an experienced immigration lawyer.

Finally, get legal representation before you try immigrating. An immigration lawyer can be invaluable in this process. If you have a history of drug trafficking, for example, your lawyer might be able to show how much you have changed your life around. If you are denied entry, you have a right to appeal, and a lawyer is crucial to that part of the process.

November 30, 2010

6 Important Immigration Rules to Know

If you are considering immigrating to the U.S., there are some rules and laws to know. While there are dozens, we can’t get to them all in one guide. However, there are ways to find out more information. Some dislike the USCIS (United States Citizenship and Immigration Service), but their site has a wealth of information. The problem for immigrants is that U.S. immigration laws can be so complex even some lawyers can get confused. With the main points in this blog guide, you can have a good start.

The Green Card
A green card allows you to live, study, work, and raise a family in the U.S. It does not give you all the rights of a U.S. citizen, but this is how you get started. A green card allows you to live in the U.S. as long as you break no laws. While citizens cannot be deported, green card holders can be. So if you break laws, such as committing a crime, you may be deported. This makes earning citizenship even more important.

Citizenship
Becoming a U.S. citizen is a crucial part of the process. After some time in the U.S., you can qualify to become a citizen. This allows you to avoid having to submit a new application every time your green card runs out. You are also in no danger of being deported, your children can and should become U.S. citizens if born on U.S. soil, and you can sponsor other family members to immigrate. You can also work federal jobs and serve in the armed forces.

The Nonimmigrant Visa
If you only plan to stay in the U.S. for a short period, such as to attend a school, you have the option of a temporary visa, also called a “nonimmigrant” visa. You can stay until your visa runs out. Many business people also use temporary visas. You can qualify easier, have less time to wait, and can likely be approved.

Don’t Lie
If you lie to the U.S. government, you will likely be deported. You may even be banned from the U.S. for some years if not permanently. While you may want to hide certain details of your past, such as a criminal record, it’s best to be upfront about any possible issues, explain them, and get legal help. For example, if you have a criminal record involving drugs, you may try to hide it, but it’s found out and your deported. On the other hand, if you are honest, explain how you’ve changed your life, and have proof you’re an honest person, you have a much better chance.

Being Kept Out
There are many reasons the USCIS may deny your application for a visa. You may have lied. Your criminal record may be too bad. You may have some dangerous disease. You may have filled out the application incorrectly. The government always has a right to deny you, especially if you have made some mistakes or are a danger to the country.

Get Legal Help
The final rule is more of a suggestion: get an immigration lawyer, especially if you are unsure about how this process works. An immigration lawyer is crucial in successfully immigrating to the U.S. He or she can advise you on how to get a green card. A lawyer may be able to help you earn citizenship. He or she can also help you with applications.

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 24, 2010

5 Ways to Avoid Immigration Delays, Mistakes, and Extra Fees

If you are immigrating to the United States, the journey is one more than worth it. You may come from a poor country, a country with little rights for its people, or a country where health care is not an option. You might want to raise your children in a new country, or to get a fresh opportunity for yourself to get an education. More than anything, you should avoid problems when immigrating to the U.S. This guide shows you how.

What if you travel here?
If you travel, it’s important to have proper documentation. In order to be allowed in the U.S., you must first get past border officials. To avoid delays, be ready to handle these border officials. Have nothing on your immigrant visa which might look suspect. Give officials no reason to turn you away. Be completely honest with them. If you are unsure of what to do when you get there, you might consult with a legal professional in your area. Border officials have the power to turn you away; this is not a complex process, but it can be difficult.

File Multiple Green Card Petitions
If you are applying for a green card, you might try to file multiple petitions. Say you have a brother and sister living in the U.S, who are both citizens; you can file petitions through both because they are immediate family. If one of your petitions is delayed, or if you make mistakes, you have another possible chance to get a green card.

Advantages of Citizenship
The problem with having a green card and being a permanent resident is that you are limited on traveling, limited on your rights, and in danger of being deported if you make mistakes. If you’ve been a permanent resident of the U.S. for 5 years, you have a right to apply for citizenship, or in three years if you obtained your green card through marriage. You will not have to reapply every 10 years, continue to pay lawyer fees to do so, nor have to face officials every time you leave the country for an extended period of time. In other words, citizenship cuts down on legal red tape, saving you time, money, and headaches.

Be On Time
If you want to avoid delays, mistakes, and fees, always be on time in reapplying for your green card. Again, it’s advantageous to apply for citizenship, but in the meantime never be late for meetings with the USCIS, always have your paperwork in early, and consult with a lawyer for legal issues.

Get a Lawyer
A lawyer can be invaluable in helping you through this process. It’s his or her job to help you navigate U.S. immigration laws. Your lawyer should be a professional, with a legal degree. You should be able to communicate well with him or her. And you should be able to afford his or her fee.

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