Immigrating can give you enough worries, but when it comes to being deported, you really need to know the laws. Are there ways to avoid deportation? What happens if you are deported? What reasons can you be deported? And can you ever return? You should always consult with an experienced immigration lawyer if you fear deportation. A good lawyer can save you a lot of grief. This blog guide can help too.

What is deportation?
Deportation means you are removed from the United States by the federal government. You are are considered an alien, and it occurs when you break immigration or criminal laws. For example, if you are caught selling drugs, you may be deported. If you’re here illegally, even if you’ve broken no other laws, you will almost always be deported. There are many ways to be deported. You could have violated nonimmigrant status, you terminated your permanent residency status, you engaged in marriage fraud, voted illegally, and a variety of other reasons you can ask your lawyer about.

Can you avoid deportation?
Yes, though if you’re here illegally already you may have some trouble. This is something to talk about with your lawyer. Being deported is a very big deal. If you are here illegally, it may be best to leave and try to come into the country legally with the help of family sponsorship. If you have family here who are already permanent residents, they can sponsor you to be the same (meaning you get a green card). If you are here legally, be smart and understand if you break laws, sometimes even seemingly minor ones, you can be deported. You can be deported until you become a naturalized U.S. citizen. So be mindful of the laws.

What happens if you are deported?
What happens is you get an NTA (Notice to Appear) from the Immigration and Customs Enforcement branch, giving you the reasons for deportation. You will have a hearing, where you have the option to hire a lawyer.  You have more options here than you might think. You may be able to apply for relief, meaning you can stay. If the judge decides against you, you will be deported unless you win an appeal.

Can you return?
This does depend on the nature of your case. Some who are deported are never allowed to return to the U.S.

Who can help?
There is a trial, where evidence and witnesses can be shown, and where a lawyer can help you stay. If you can win in court you can avoid being deported. It’s smart to not break criminal and immigration laws in the first place. In either case, you need to hire an experienced immigration lawyer. Without a lawyer, your chances are slim.

In any legal case, laws sometimes are broken without the accused even knowing. On the other hand, sometimes it’s clear laws were broken on purpose, such as in immigration. Some common problems include using fake green cards, handling immigration after serving a jail sentence, and sometimes an innocent mistake made in traveling outside the country. This guide highlights key problems you might have, how you can avoid them, and how to legally immigrate.

Using Fake Green Cards
In this case, by using a forged document you are breaking U.S. laws. The U.S. Immigration and Custom Enforcement (ICE) branch is in charge of guarding the border and keeping illegals out of the country. Quite often those with forged documents work at companies who know they are illegally. These companies are quite often on the ICE radar; even if not, you are in danger of running into trouble if the ICE finds out. What happens is they can raid the place of employment looking for illegals.

If you are in a problem such as this, be aware you are in danger of being deported. There are few simple ways out of this. You either need to leave the country, or hire an immigration lawyer and attempt to become legal.

Lying on Immigration Papers or Admitting to Lying
When this occurs, using an immigration lawyer is a must. Now, what quite often happens is you apply for legal immigration to the United States. You meet with the USCIS (U.S. Citizenship and Immigration Service), who will ask you some questions. There will be questions on whether you’ve lied before on immigration forms. If you say admit to lying on previous papers, you can be denied your application, reported to the ICE, and deported from the U.S.

For example, you may have lied about being a U.S. citizen before, or worked here illegally. In these cases, you need to protect yourself. There is again little way out of this problem. Lying can get you into more trouble, telling the truth can lead to deportation. It may be best to leave the country and apply legally with the help of an immigration attorney.

Crossing the Border
Another problem many face is being caught trying to pass into the U.S. without papers. You may be trying to cross with fake papers, trying to cross a checkpoint, or clearly violating laws by attempting to cross illegally. These are very common problems. If you do this, you can be caught by police, reported to the ICE, who will then take control of the case. If you consider crossing illegally, know it can hurt your future chances of being admitted legally.

Traveling
Oddly, you can run into trouble leaving the U.S. and trying to reenter. What happens is you enter legally, are given a green card, and live here. You have a criminal conviction on your record, but it’s not enough to be deported. The ICE can deny your reentry and effectively deport you when you try to reenter because of this prior criminal case.

If you’re unsure of certain immigration laws, know that no question is a bad one. Any legal help you can get is important in protecting your rights, staying in the country, and eventually being allowed to become a U.S. citizen. If you have more questions, contact an experienced immigration lawyer today.

Traveling can be confusing for U.S. permanent residents, which makes it doubly important to follow all laws. When you travel a few weeks to a few months, you will rarely have problems. However, if you leave for extended periods, you need to know the laws. This guide shows you how laws work and gives tips on traveling.

When will you lose permanent residence status?
In most cases, losing your green card will come after obvious cases of moving to another country permanently. If the USCIS decides you’ve abandoned your permanent resident status, you will have to reapply upon reentering the country. To be clear, let’s go over how you might lose your green card (permanent resident status).

-You move to another country with the intention of living there permanently.
-You leave the U.S. for one year without obtaining reentry permit. Sometimes, if the government feels you’ve been gone too long, your case can be reviewed in less than a years time. A professional immigration lawyer can help in these situations.
-If you leave the country for more than two years after getting a reentry permit but no returning resident visa, you can lose your green card. Again, it can be less time in some cases.
-If you do not file your income taxes – by law all permanent residents have to file tax returns – then you can lose your green card.
-If you declare yourself a non-resident on your tax returns, you will lose your green card.

Now let’s go over travel.

International Travel and Keeping Your Green Card
If you travel for less than six months, you will rarely have any troubles in reentering. You must travel with both your passport and green card in order to do so. If you stay six months to a year, you can apply for readmission with the authorities.

If you leave the country for more than one year, but less than two years,  you need a reentry permit to come back. In other cases, if you’re unable to return to the U.S. in time, you can go to a U.S. consulate office and apply for a returning resident visa.

Tips on Staying Outside the Country
Usually if you leave the country for less than six months, you will have no problem reentering and keeping your green card. The longer you stay outside, the more problems you may face. If you intend to stay outside the country, and have no plans of reentering for long periods, you rarely have legal problems. If you want to be able to come back into the country after extended travel, you should consider contacting an immigration lawyer. For example, if you left the country for over 1 year, you may lose your green card and will need to apply again.

One common mistake made by immigrants when applying for a green card is not keeping up to date and accurate records. If you keep good records, it can save you a lot of time and hassle. But what do you need records of? What if you fear running into problems with immigration? This post answers some important questions for prospective U.S. immigrants.

What do you keep?
The big step in applying for a green card is your initial application. Not only must it be accurate and truthful, but it should also be kept. That means you make copies of it, along with any other supporting documents you send in.

Why keep records?
In getting a green card, you will be dealing with a the United States Citizenship and Immigration Service (USCIS). Unfortunately, problems do occur, such as the USCIS losing your initial papers. While not incredibly common, it it does happen and it can delay your application for months or longer. This can cost you valuable time and opportunities. Also, if you ask for the application and supporting papers back, it may take some time to get mailed back to you, if it’s mailed at all. That’s why you should keep copies of every single document you send to the USCIS. It’s saves you a lot of time and headache. Also, when you mail anything to them, use certified mail or delivery confirmation so you can prove the documents were sent and when.

What other documents should you keep?
Keep your application, all supporting documents sent with your application, copies of  mail receipts (for certified mail), as well as any letters you send to the USCIS and any they send you.

What if you make mistakes?
We all make mistakes, but sometimes the big ones can cost you time and money. However, it’s not the end of the world if you make some mistakes in filing. You should first hire an immigration lawyer when you’re applying to the USCIS for a green card or naturalization. If you make mistakes, you will have nothing to worry about unless you keep no records. Keeping good records can quite often save your application from never being accepted. In other cases, it can prove to the USCIS you did in fact send in the application in a timely manner (with certified mail).

How can a lawyer help?
An immigration lawyer is invaluable in first getting your green card and then applying for U.S. citizenship. An experienced lawyer saves you time, money, and a lot of headaches. Consider all the benefits of living and working in the U.S. Consider all the opportunities you will have. And also remember that you can then sponsor other family members to become permanent residents too.

Immigrating to the United States is quite often a dream come true. The process can be quite difficult for some, easy for others who follow the laws and hire the right lawyer to represent them.

There are many common questions on immigration we hear all the time. A prominent one is exactly what adjustment of status is. This blog guide will answer that question and go beyond, helping you  successfully immigrate to the land of opportunities and dreams.

What is adjustment of status?
It’s the final step to getting your green card, earning permanent resident status. In other words, you can live, work, and study in the U.S for 10 years. Also, you can bring your dependents to the U.S. This includes your spouse and any unmarried children under 21. So adjustment of status effects more than just you: it can lead to green cards and opportunities for your entire immediate family.

How do you apply for adjustment of status?
The form you have to fill out is the I-4845 document, required if you want permanent residency status. You should also file I-765 and I-131. I-765 allows you to work in the U.S prior to getting your green card, and I-131 allows you to easier travel in and out of the country while your application is still pending.

How much does it cost?
The basic filing fee for most is $1,010, though it can be less for applicants under 14 or 79 and older ($80 less in both cases). If you have a child and you both are applying, the filing fee is only $600 for the child. You should also consider hiring an immigration lawyer in order to better your application. An immigration lawyer will likely have a flat rate for you to pay; some are willing to negotiate fees, and many will work with you on a payment plan. This may sound like a lot of money, but once you reap the rewards of better opportunities and rights, it’s more than reasonable.

What is the EAD?
An employment authorization document is photo identification that you can apply for in order to work with in the U.S. It’s commonly called a work permit. In order to maintain your work permit, be sure to file the extension at least 4 months in advance of expiration. If you continue to work and do not reapply, you may lose the opportunity to adjust. You will be working with the USCIS in these cases. If you are unsure of where you stand, an immigration attorney can help make sure you stay within the   laws and maintain eligibility to work in the U.S.

Do you need a lawyer?
Adjustment of status can be time consuming, and the laws may confuse you. If you’re unsure of any part of the process, it’s more than worth it to hire an experienced immigration lawyer. A lawyer can help you first apply for a green card, then get through the adjustment of status, and finally start working in the U.S.

The controversial Arizona law and “amnesty debate” are very divisive issues with people on both sides of the issue – not to mention both political parties. Is there a middle ground? This blog isn’t designed to provoke issues, but let’s consider what illegal immigration is, what amnesty is, and what each means for immigrant rights.

What is illegal immigration?
To U.S citizens, illegal immigration evokes images of Latin people climbing fences and running across borders. Of course, that’s the main point of disagreement for both sides. Illegal immigration is being an undocumented individual living in the United States. You have no visa or green card; you managed to get here illegally; and you came for a variety of reasons.

Why come to the United States?
Let’s face it: most U.S citizens are descendants of peoples who wanted to get a better life for themselves and their families (though you can easily bring up slavery and the choice involved there). It’s the same with illegal immigrants today. Only, it’s not the gold rush, or potato famine, or a world war today. Most illegal immigrants are Mexicans who cross over looking for a better life. There are jobs in Mexico and other Latin countries, but there are simply more opportunities here in the U.S. Even in   touch U.S. economies, illegals cross the border, quite often with families, just to get a minimum wage job which pays twice what they might get paid in Mexico or another country.

What is Amnesty?
Amnesty, without going into dictionary terms, involves the debate on whether these illegal immigrants should be given the right to stay in the U.S. So, if one man and wife crossed the border, worked some jobs, but never applied for a green card, there options would either amnesty, being given the right to stay, or being deported.

There are arguments on both sides. It’s clearly a controversial issue, but many are ignoring what amnesty can bring to this country. You can still make the border stronger so potential terrorists, drug dealers, and criminals can be kept out. Drug running is a major problem with the current system, there’s no doubt. But perhaps amnesty can also bridge the gap between the two sides. To be frank, Latinos are becoming a very big part of our country. In order to bridge the gap, amnesty can save discussion for other major issues.

Yes, illegal immigration is one of this country’s major problems. Illegal drug and human trafficking is also a clear violation of law. Yet working undocumented illegals should be given the opportunity for a better life.

If you’re interested in moving to the U.S., be smart and do so legally. You can be sponsored by a relative currently here with a green card. If you’re unsure of the process, contact an immigration lawyer.

If your spouse or another family member wants to immigrate to the U.S, you have the right to sponsor them via an immigration petition. You can technically sponsor all family – this includes parents, unmarried children, and in some cases stepchildren.  What happens is you apply for your spouse’s visa via the Immigration and Nationality Act, and then it goes to the USCIS. The USCIS, United States Citizenship and Immigration Service, will review the petition and decide whether to approve the visa.

Say you’re just married, your spouse is British, and you already have children. You can sponsor both your spouse and your children, but you’d have to file an I-130 petition for each member. This means you’d have to file this petition more than once.

The visa petition for your spouse or other family members is the first step in getting a green card. Upon marrying, the current U.S permanent resident would sponsor the spouse for a visa. Using the British example, say you just married your spouse, and want her to be able to live in the U.S. In order to do that, you must start the process for your wife by sponsoring her. She cannot do this herself; you have to file a visa petition. In legal terms, you would be the petitioner because you’re sponsoring your spouse, and she would be the beneficiary (which pretty much sums it up: they benefit from the petition).

A visa petition can seem complex, but in most cases sponsoring your spouse for a visa is relatively easy. The best thing you can do is consult legal information like this and hire a professional immigration attorney.

Once you marry, it’s time to file a visa petition for your spouse, or for your spouse to sponsor you if you’re not a resident. You need proof of marriage in order to sponsor or be sponsored. It’s the same with family member. If you just married, proof of a legal marriage is enough. If you’ve been sponsored by your mother for a family based visa, your mother could show your birth certificate as proof of relation. It may seem odd that this proof is needed before the process starts, but really should not be a problem if you’re your completely honest.

The final step can be the most time consuming – you have to wait. Although family members and spouse visas are given priority, you will be put on a waiting list in order to finalize your permanent resident status. The problem is only a certain number of green cards are awarded each year, and you’ll have people ahead of you. However, for a spouse visa, the process is much faster. You are given a priority and you can save months in waiting. It’s the same case if you are sponsoring a child or other immediate relative.

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

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

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

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

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

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

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

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

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

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

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

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

Paying taxes and not being a U.S citizen may seem odd, but there are clear reasons for it. While not all visa holders have to pay taxes, if the  government feels you are a tax resident, you must file a return. All permanent residents – those with green cards – are tax residents and must pay taxes. This post shows you how it works.

Green Card and Taxes
First off, a green card means you are a permanent resident of the U.S, that you are allowed to live, study, and work here, and that you can sponsor family for green cards. It also means you are a tax resident. All green card holders must file a form 1040 every year. This may seem difficult if you cannot read and write English well, but you can claim your income very easily with the help of a tax lawyer. Every year, you must file your 1040 claim by April 15th. What happens if you don’t? You can lose your green card and be deported, though it’s not always that way. If you’re unsure of tax laws, on what to claim and what not to, you need the help of an experienced lawyer. An immigration lawyer can often refer you to someone. If you made little if any income, it’s often very easy to claim what you were paid. You’ll get pay pay stubs from any job you’ve had most cases, and this will be your proof of income. And since taxes are likely taken out of your check, you may get money back. These are complex laws, so get an experienced lawyer if you’re unsure.

Visa Holders Who Pay Taxes
If you have no green card, you still may have to pay taxes. This all depends on how much time you’ve spent in the U.S. in previous years. If you’ve been in the U.S for 183 days of the current year, you must pay taxes. If you’ve spent 183 days here in the past 3 years, you are also a tax resident. This can be complex. For example, in your current tax year, if you spent less than 30 days n the U.S, you pay no taxes. But if you spent close to 183 days in the past 3 years, you may have to pay. In the cases where you spent less than 183 days in the U.S, what happens is the days you spent here in previous years are lowered. For example, for the previous year, every day you spent in the U.S. Is a fraction of the total number: you count only 1/3 of a day. Therefore, if you spent 90 days in the country last year, that only counts for 30 days.

Yes, visa holders and taxes are much more complicated. It’s very smart to hire a tax lawyer in these cases. You can often go without one if you are a permanent resident, but it can be very helpful.

If you still have questions, you may want to ask your immigration lawyer. If you don’t have an immigration lawyer, consider the importance of staying in the U.S, how one can help your family immigrate, and how one can help you earn citizenship.

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.