Immigration Process

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December 14, 2010

The DREAM of Immigration: A New Path to Citizenship?

The immigration law community is all abuzz over recent developments in an idea first introduced in 2001 that would give certain undocumented young people a pathway to United States citizenship.  The Development Relief and Education for Alien Minors, or DREAM Act, would provide a path to citizenship for hundreds of thousands of people that came to this country when they were children, in exchange for either serving in the military or enrolling into college.

According to the DREAM Act Portal (http://dreamact.info), an advocacy website, over three million students graduate from high school in the U.S. each year, with some 65,000 of them undocumented immigrants. Because they carry the label of “illegal immigrant,” the website says, these young people are unable to pursue the American dream, even though they have lived in America most of their lives.

The DREAM Act was was  re-introduced into the U.S. House of Representatives back in March, and passed last week.  It is written to provide high school graduates of “good moral character” that arrived in the U.S. illegally as minors and have lived in this country for at least five straight years, after enrolling in college for two years or enlisting for at least two years of military service, to get six years of temporary residency.  Within these six years, they must have, as the Act states, ”acquired a degree from an institution of higher education in the United States or [have] completed at least 2 years, in good standing, in a program for a bachelor’s degree or higher degree in the United States,” or have “served in the uniformed services for at least 2 years and, if discharged, [have] received an honorable discharge.”  If they choose to serve in the military, they must sign up for an eight year commitment, and serve in active duty for between two and six years.

Like other bills moving through the Congress, the U.S. Senate had its own version of the DREAM Act, but it was put aside by Senate Majority Leader Harry Reid, a Democrat from Nevada, in hopes the House version of the bill would be accepted before the current “lame duck” session of Congress comes to a close December 17.  Reid said he was certain the Senate’s version of the bill would fail, eliminating the possibility of it getting approved. If the Senate approves its version of the bill, which is pretty much identical to the one in the House, it would go to President Obama to be signed into U.S. law.

“The DREAM Act is not a symbolic vote,” Reid and Assistant Majority Leader Dick Durban (D-Ill.) said in a statement released last week. “We owe it to the young men and women whose lives will be affected by this bill, and to the country which needs their service in the military and their skills in building our economy, to honestly address this issue. Members on both sides of the aisle need to ask themselves if we can afford to say to these talented young men and women there is no place in America for you.”

Opponents of the DREAM Act include mostly Republican lawmakers and some Democrats that say the bill is too broad and needs to more specifically address how the provisional citizenship would work.  They have stated their fear is others could slip into citizenship alongside the students the DREAM Act was intended to help.  Whatever happens in next few days, DREAM Act supporters say, the futures of hundreds of thousands of people hang in the balance.

We’ll keep a close watch on the proceedings in this blog space, and try to make sense of it all along the way.  Stay tuned.

September 29, 2010

6 Techniques for Saving Time Applying for a Green Card

You want a green card, and just like many things we want, it seems out of reach. What next? These techniques have proven to be highly effective in saving time, money, and headaches in getting a green card.

Get the Right Lawyer
Why not hire a good lawyer? Why hire a bad lawyer is the real question. Immigration consultants, immigration lawyers who promise that it will be easy for the right price, and others are often out for your money. True, an honest immigration lawyer wants to get paid too, but at least you get something back for the service. Some lawyers promise an easy process because they say they have an “in” with immigration officials; that’s illegal. And you never need anyone who promises to be your consultant in immigration; a professional immigration lawyer is your best consultant.

Let Your Lawyer Handle the Process
Once you get an experienced lawyer, you should keep control and make sure he or she is doing a good job. However, let them handle the complexities of the case of you. Ask your questions, be sure they are actually putting time into helping you, and be as honest as possible.

Don’t Lie
If you lie about certain facts on any documentation, it can ruin your chances for a green card, permanently. While lying about certain facts is not always caught, if you are caught you have just lost your opportunity.

Be Honest with Your Lawyer About Your History
Your lawyer can’t help you unless you are completely honest with him or her. If you have a long criminal history, that should be a point of emphasis. U.S. immigration has been strict in recent years not only because of politics and wars; the government is also trying to keep down crime rates. However, that does not mean you have to lie to immigration officials and your lawyer. The best policy is to always be honest with your lawyer.

Ask Family
You may not have a hard time at all applying for a green card, especially if you have family in the U.S. There are no tricks to work the system, but if you have family here, that is the best way to get a green card. If you marry a U.S. citizen or if other immediate family are citizens, they can sponsor you. If you have no immediate family in the country, you still have options. This includes the green card lottery held every year and being patient.

Plan

The best technique in getting a green card is to have a clear plan from the outset, if not also having many goals. You can plan for hiring a lawyer who will honestly represent you, how you can be sponsored by immediate family, how you will pay for all the legal fees. Planning early is key in immigrating to the United States.

September 17, 2010

6 Ways Your Immigration Lawyer Protects You

Immigration lawyers protect you in a variety of ways. From saving you time to ensuring you have no legal problems, an experienced lawyer is invaluable when it comes to immigrating to the United States. Let’s find out why.

Know the Laws
Immigration law is quite complex. If you are unsure how this process works, hiring a lawyer is crucial. You need a lawyer to understand how sponsoring by family or an employer works. You need one to understand other eligibility requirements, such changing your status from permanent resident to citizen. Immigration laws can be hard to understand, making your lawyer an open book for you to read.

Saves Time
Your immigration lawyer will likely save you plenty of time when applying for a visa or citizenship, when working in the U.S., and for accurately following laws. It’s rare you can do without a lawyer. They are incredibly valuable when it comes to understanding legal matters. You might spend weeks filling out documents an experienced lawyer can fill out in hours.

Saves Money

A lawyer saves you money? Yes, and he or she protects your income too. If you’re coming to the United States for employment, a lawyer is invaluable in making you money. Your lawyer can ensure you are eligible for the best jobs available. If you need legal consultation on how this works, a lawyer can help. If you are unsure of what forms to fill out and a what fees to pay, again a lawyer can help. If you fail to get your green card, it can cost you thousands of dollars in job pay.  A lawyer ensures you are protected from these problems.

Timing
You likely have your desired schedule. You may want to get a home, get a job, sponsor family members to immigrate, and eventually earn citizenship. These things do take some time, but if problems arise, you may be out of luck. Immigration law is all about timing. If you fail to file papers on time, fail to properly fill out a work visa, even mistake the eligibility of family, it can cause some major problems.

Documentation
If you fill out documents incorrectly, it can cost you a lot of time, sometimes many months. Just as in filling out a job application requires time, care, and understanding on your part, filling out immigration forms requires a lawyer’s help. If you are still learning the English language, a lawyer can help here too.

Legal Problems

Finally, an immigration lawyer can ensure you know and understand U.S. laws. This is not just immigration laws; you may be unaware of other laws. If you are prosecuted for criminal offenses, it’s possible you may be deported. A lawyer can help by either ensuring you understand certain laws or by helping you find good criminal representation.

September 15, 2010

Getting Jobs – A Major Benefit of Immigrating to the U.S.

While it’s rarely overlooked, the point of this blog post is rarely made – that immigrants do come here for better jobs, that getting a green card can help you financially, and that citizenship allows you the most success as a worker in the world.

Why Immigrate?
Immigrating to the United States has almost solely been driven by employment reasons. Many do come here to reunite with families, and to escape troubled countries, but the main reason is for employment, both in our past and currently. Immigrating to the U.S. gives you and your family better opportunities. Simply put, the U.S. has some of the highest paying jobs in the world, especially when compared to less economically sound countries like Mexico.

Can You Work Here?
If you want to work in the  U.S. you need an immigrant visa. You can get a green card via employment when sponsored by an employer. The more common ways are to be sponsored by immediate family. If you marry a U.S. citizen, you have a right to apply for an immigrant visa. If your spouse only has a green card, the process does take longer. Immediate family can also sponsor you for a green card.

Benefits of a Green Card
A green card is the first step in earning citizenship. Once you’ve been in the U.S. consistently for five years, you can apply for citizenship. A green card grants you the right to live and work in the U.S., to start a family, and for your children born in the U.S. to become citizens immediately. You can also study at top schools, learning valuable talents so you can get some of the best jobs available.

Employment
As of this writing, the U.S. is going through a recession. But still all kinds of jobs, from labor to technical, are needed, and immigrants can fill them. One mistake many make is that immigrants take away citizen’s jobs. In fact, immigrants fill unwanted jobs, add money to the economy, and also add value to businesses by achieving in more technical jobs.

Just coming to the U.S. does not immediately mean you will get the best job available. With almost 10% of the population unemployed, many are out of work. However, if you put time and money into learning a skill, there will always be opportunities. Immigrants fill hundreds of thousands of jobs every year, and not just low-paying jobs. If you have a skill, a business will put value on your services.

Citizenship and Benefits
Say you get a green card. You live, work, and study here for 5 years, and then become a naturalized U.S. citizen. By putting the time in working and studying, you’ve likely increased the value of your services. There is no guarantee of a high-paying job, but there is a good chance. Perhaps more importantly, as a U.S. citizen you are paying taxes; this helps more than the government as you are eligible for unemployment and other benefits of being a citizen. By paying taxes, you will also be eligible for social security benefits at retirement age or if you become disabled.

Getting jobs in the U.S. has not been easy in the past years. But immigrants who put the time and effort into learning skills are prized by employers who always have a demand for talented, hard working individuals.

August 23, 2010

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

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

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

Criteria for Naturalization – Becoming a U.S. Citizen

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

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

What if you are not eligible?

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

How can you improve your chances of success?

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

Who can help?

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

August 16, 2010

7 Tips On Meeting with Your Immigration Lawyer

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

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

The Lawyer Is Boss

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

Tell the Bad

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

The Lawyer Helps

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

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

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

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

August 13, 2010

Facts on Marriage and Immigration

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

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

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

What if you misuse a visa?

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

Are you eligible for a green card?

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

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

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

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

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

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

June 17, 2010

Social Security and Other Benefits of Naturalization

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.

June 4, 2010

What are the Benefits of Naturalization

How do you become a U.S. citizen? Typically,  you get a green card (also known as permanent residency status), and apply. However, there are eligibility requirements. If you’ve been a lawful permanent resident for 5 years, not spending any extended times out of the U.S., that’s the first requirement. You may also be sponsored if you’re going to marry a U.S. citizen. If you’re unsure of where you stand, you may want to hire an experienced immigration attorney; he or she can make it clear on if you’re eligible, how to file, and give tips along the way.

Becoming a U.S. citizen means you’ve been naturalized. You may be wondering what the difference is between a permanent resident and a U.S. citizen. Actually, that coincides with the benefits of naturalization. Let’s go over them.

You Can Vote
Voting  may seem minor, and if it is maybe you never considered voting a big deal. Well, in the U.S., it’s what makes us different than many countries. Being able to vote means you have a say in how the government operates. Being able to vote means you can question those elected. And that senators, representatives, governors, and the president are in fact chosen by you, and those around you. It’s a blessing, and one big benefit of living here.

You Have More Rights
You typically have more rights living in the U.S. than most other countries. You can sue, even the government in some cases, and you can of course vote. You can also appeal for help in case you run into trouble. You can do this as a permanent resident too; it’s a benefit for both.

You Can Sponsor Family and Loved Ones
If you have family or a spouse who are not in the U.S. or are staying here with a green card, you can sponsor them for naturalization so they can have all the rights you have. If you’re about to get married to someone who is not a U.S. citizen, legally they can be made citizens as well.

You Get to Live  Here Permanently
Once you are naturalized, you need not worry about reapplying for a green card or having trouble reentering the U.S. ever again. You are now a U.S. citizen, need not ever reapply, and can travel as much as you want.

Jobs
Let’s face it — the jobs in many countries barely pay above the poverty line. It would be wrong to say you will always find better jobs in the  U.S., but there are rules in place for proper compensation, you can get work benefits, you can study for lucrative careers, and you have more options for jobs than  most other countries do.

Taxes and Benefits
It may sound odd that paying taxes is a benefit, but it is. By paying taxes, you pay on social security. By paying on social security, you are then offered the same benefits all naturalized citizens get. When you reach retirement age, you can get benefits. If you’re ever unable to work because of a disability, you also have a legal right to help.

As you can see, the benefits of naturalization are many. There are more. Contact a professional immigration attorney to find out about them.

March 17, 2010

How to Get a US Immigration Green Card via Family and Marriage

The best way to get a green card is to voice intentions of marrying a US citizen or if you’re already married to a US citizen. To get a green card via family, you must be an immediate relative of a US citizen.

Say for example you are visiting your love in New York. You love it in New York, stay longer than you intended, and decide to stay here and apply for citizenship. You must prove you intend to marry this person, this person must be a US citizen, be legally able to marry, and have visited this person in the US within the last two years.

It does get complicated, but it’s really the best way to get sponsored for a green card and live in the US.

Let’s go over in more detail how to gain US citizenship and a green card while currently in the US or any other country.

How You Apply for a Green Card in the  United States
You are immediately not eligible for a green card if you visited the US legally and stayed past your intended date (which is on your I-94 card). There are exemptions which a professional immigration lawyer can help you with, namely being if you’re an immediate relative of a US citizen, and applying because of that.

If you visited New York but entered the country illegally somehow, you may actually face deportation. You should consult a New York immigration lawyer who can help you immediately, or hire one in any state you visit.

Applying for a Green Card From Outside the United States
If you’re living in Great Britain and want to apply for citizenship, you first apply for a Visa. Once accepted, the National Visa Center will begin sending you letters. The NVC will then help you handle immigrating from Great Britain  to the US through the US embassies there.

Your US immigration process is not over yet. The local consulate will set up an interview with you for your green card. They will tell you to get a medical exam and photos. You’ll then have to meet with them and hand over some documents, including your passport, birth and marriage certificated, and even police certificates. There are various other documents they typically ask you to bring too.

You’ll then make an appointment and wait for a consular officer to meet with you at the consulate. They will review your documents and talk with you. It’s then over for many people, as you’ll be accepted, have your passport stamped, given a US visa to be used within six months so you can claim permanent resident status, and get your green card a few weeks or months later by mail.

Problems with Your Green Card

There are many cases where you might have trouble not only getting all the documents but being able to get a green card so you can live in the US. If you want to live in New York, for example, you may want to meet with a professional New York immigration attorney who can help you. This costs a fee, but few people can afford to do everything by themselves, as it can be a complex, time consuming, and often taxing experience.

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