Immigration Process

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

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November 19, 2010

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

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

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

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

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

Do you have to apply via a green card?

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

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

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

November 15, 2010

Primer on Choosing an Immigration Lawyer

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

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

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

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

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

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

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

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

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.

September 10, 2010

6 Naturalization Laws You Need to Know

If you’re interested in becoming a U.S. citizen, knowing how immigration laws work is important. Therefore, this guide will go over some common naturalization laws you should know. If you are insure of any of these steps, consult with an experienced immigration lawyer.

Citizenship Through Marriage

You can become a permanent resident of the United States (meaning you get a green card) by marrying a U.S. citizen. You then can become naturalized yourself, though instead of waiting the full five years, a little known fact is that you can in fact apply in three years. You will still have to pass tests and follow laws, but the process can be shorter.

Naturalization by Birth

Perhaps the easiest way to become a U.S. citizen is to be born in this country. Not all countries use this law, where simply being born on U.S. soil grants you citizenship, something which can never be taken away. This does not help those who were born elsewhere, but if you have children on U.S. soil, even as a permanent resident those children will then be considered U.S. citizens.

Green Card Leads to Naturalization
It takes 5 years after getting your green card to become a U.S. citizen. This is the most common way to get your green card. How do you get the green card in the first place? You can be sponsored by family or an employer. If immediate family sponsors you and they are U.S. citizens, the process only takes a few months.

Breaking Laws
U.S. citizens cannot be deported, but permanent residents can. There are three main types of crimes: infractions, misdemeanors, and felonies, in that order of seriousness. It’s important to avoid breaking major laws because the worse the penalty and the greater the chance of jail time the more likely you will be deported. U.S. citizens have to follow laws too, but cannot be deported.

Protection of Citizenship
Citizenship, as just noted, grants you the right to live in the U.S. as long as you want, to leave whenever you want, and to never be deported for breaking criminal laws. You will still be punished for crimes, but you have protection from deportation.

Tests
In order be naturalized, immigrants need to take tests showing knowledge of  U.S. history and laws, an ability to read and write in English, and a willingness to swear an oath to this country.

September 8, 2010

How To Help Your Immigration Lawyer

You may think that immigration lawyers need only your money and a handshake in order to best help you. It does not work like that. Your lawyer, just as in a criminal law or personal injury case, needs your help in order to give help. This blog guide explains how you can best help them.

Hiring the Best Immigration Lawyer
First off, you need to find the right immigration lawyer. You should hire one who is an authority on your particular situation. If you’re applying for a green card, you might focus on ones who specializes in green card law. If you are considering citizenship after living in the U.S. for some time, you might get an experienced immigration lawyer who has helped clients with naturalization. You need not go for specialty, as an experienced lawyer can handle a variety of cases. You should, though, base your hiring on experience. You should also factor in price; it’s pointless if you can’t afford them.

Communicate Concerns

To help your lawyer, explain your fears. You may wonder if you have no chance of eligibility, or how a criminal charge against you will affect your status. There is nothing wrong with having concerns as long as you admit them and act.

Ask for Help

Sometimes asking anyone for help can be tough, but when it comes to a lawyer, you have to. You are asking for help in getting this process completely successfully. If you want further help, such as on sponsoring other immediate family for a green card, your lawyer can and should be able to help.

Be Honest
If you lie to your lawyer, it only hurts you. Many consider lying on immigration documents and to lawyers because of a fear of being rejected. This is understandable, but in order to truly help your lawyer help you, be completely honest. Anything you say will be kept confidential, and the problem may be a minor one. If you lie on documents and it’s found out, you can severely hurt your chances of ever getting a green card or earning naturalization.

Be Fair
Your lawyer is not able to solve all problems, work for free, and work miracles. Immigration law is quite complex, and has become more complicated in recent years. You cannot expect your lawyer to be able to solve any problem that comes, but he or she should be able to help. In order to pay for a professional service, you need to pay a professional rate, and that means basing your payment on experience and results. Finally, you may not have a strong claim to a green card or citizenship; a good lawyer may be able to help in many ways, but can’t always work a miracle.

July 30, 2010

Common Questions on Immigrant Visas

It’s easy to get confused when it comes to immigration laws, especially if you travel in and out of the U.S. often. We hear many common questions when it comes to visas. The best answer is to consult with an experienced immigration lawyer, because each visa case is different. If you’re unsure of where to begin, an immigration lawyer can help.

Now let’s go over some common questions.

If I get a visa, can I enter the U.S.?
Not necessarily, because a visa allows you to enter a U.S. “port-of-entry”, where you will be admitted or denied by the Department of Homeland Security.  So you can go to a specific destination, but being allowed entry into the U.S. is governed by border officials. If you have questions on admissions into the country, a consultation with an immigration lawyer can help.

How can I renew by nonimmigrant visa?

Once you apply for a visa and get it,  it will expire. After it expires, you have to go through the entire visa application process again. If you plan on staying for longer periods in the U.S., you may want to consider getting a green card. An immigration lawyer can also help with that.

Who can answer questions outside the U.S.?

A U.S. consulate can answer most all your questions when it comes to immigrant visa laws.

Who can I ask questions inside the country?

Inside the U.S., you will be consulting with the United States Citizenship and Immigration Service (USCIS). If you have further questions, an immigration lawyer can help.

How long can you stay in the U.S. with a visa?
A visa does not grant you the right to stay here. It grants you the right to come to the port-of-entry. How long you can stay depends on the U.S. Department of Homeland Security. They will decide how long you can stay.

What if your visa expires while in the U.S.?
As long as your visa is valid when you enter, you are fine. You will be given a departure date when you go through customs. You must leave by this date. The visa only applies to entry, not to staying.

How much does a nonimmigrant visa cost?
You will have to pay a non-refundable fee of $140 for a nonimmigrant visa.

What if you have more questions?

Traveling in and out of the U.S. has become more difficult for many, especially from certain countries. The problems involved are many, but mainly security issues have made the visa process longer.

If you have many more questions, consulting with a professional immigration lawyer is your best option. A lawyer can walk you through the process of applying for a visa and gaining entry into the U.S. If you decide you want to stay longer, you may apply for a green card, and a lawyer can also help with this. The fees involved are minor when you consider the advantages of living in the U.S.

April 16, 2010

6 Benefits of Getting a Green Card (Permanent Residency Status)

A green card states you are a permanent resident of the United States, not a citizen, but with the opportunity to live and work in this country, and the opportunity for earning U.S. citizenship later on.

Getting a green card, usually through a family, spouse, or business, can be tough. Keeping your green card can be hard too. If you have a good immigration lawyer, these problems can go away. A talented immigration lawyer can walk you through getting and keeping a green card legally, and later give you the opportunity for you and your family to become U.S. citizens.

Why is a green card such a big deal? Let’s go over some major benefits those with a green card, permanent residency status, have in the United States.

You Can Leave the US. and Return with a  Green Card
If you have to leave often to visit family in another country, or if you have business outside the U.S. on a regular basis, a green card makes reentry simple. With a green card, you’ll have less chance of not being permitted to reenter the country. You still have to reenter legally, so be sure to show the USCIS your green card when you return. Also, do not break any major laws outside the country.

Green Card Length
A green card makes it so you need not worry about expiration. The actual “card” for permanent resident status lasts 10 years. Also, green card status itself is valid for your entire life. This too saves you time and worries of having to reapply: once you’re in, you will stay in provided you follow all laws.

Education Grants with a Green Card
With a green card, though you have less rights than U.S. citizens, there are many special benefits you can earn. You can apply for government financial aid. Also, if you wanted to go to a major college, all permanent residents of the United States pay less tuition to universities and colleges. The “in-state” tuition bonus is applied to your education, often saving you tens of thousands of dollars that many foreigners are forced to pay.

Green Cards and Jobs
You have the right to any job within the country. If you apply with a major automobile factory, for example, no matter the work involved, hours per week, and pay, you are eligible. Some companies hire only U.S. citizens, but many offer opportunities to talented permanent residents. So, it makes sense that you can go to college, get a good education, and apply to top jobs in your specialty.

Retirement in the U.S. and Green Cards
If you worked with a company for 10 or more years, you are then eligible for social security benefits. For example, you worked with an automobile company for 15 years; social security taxes were applied to your paycheck; that’s why you’re eligible.

Sponsoring Family for Green Cards

There are many other benefits of getting a green card, but one which may be close to your heart is  sponsoring a spouse or child for permanent resident status just like you. This is common in the U.S., and with the help of a good immigration lawyer, your family has a good chance of earning permanent resident status.