Green Card

The first step to permanently staying in the United States is to become what the government refers to as a lawful permanent resident. In order to do this, you have to obtain a United States Permanent Resident Card. This is commonly referred to as a green card...

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Immigration Case Review

July 28, 2010

How a Lawyer Helps with Immigration Problems

Your lawyer is a lifeline, getting you through most any immigration problems. And they do happen. You have questions on your green card. You want employment. You want to become a U.S. citizen. The nature of your needs can be different, but how an immigration lawyer can help depends on the lawyer.

How to Hire a Good Immigration Lawyer

Hiring a professional lawyer should not be rushed. However, it can be hard when you are short on time and need action fast. In order to speed up the process, starting making some calls and asking for consultations. You want free consultations, first of all, as charging you for a meeting before you even hire them is unfair. You should consider experience, rates, and availability. For one, experience in documentation filing, laws, and in court can really help. You also want a lawyer you can afford; not the cheapest, but not one out of your price range. And in many cases lawyers who charge much less can do so by spending very little time actually helping you; you need one with the time available to do so.

How an Immigration Lawyer Helps with Immigration

Your lawyer best asset is his or her knowledge on immigration law. You likely have many, many questions. You may be curious about how you can sponsor a spouse or family member for a green card, or how to apply for one yourself. You may run into legal problems while in the country. An experienced immigration lawyer can answer any and all questions related to this field.

Green Cards

If you’re interested in living in the United States for some time if not permanently, your immigration lawyer can help you follow all laws, file the correct documents, and get action as soon as possible. For a green card, you will need to be sponsored by family or an employer. Being sponsored by immediate family such as your spouse can really make this process quick, as the laws allow for faster processing for immediate family. You want to get this right the first time, as it can be very difficult to apply without legal help.

Citizenship
Citizenship is a dream for many permanent residents, and an immigration lawyer can help make this dream a reality. Citizenship has many advantages, as you have the most rights as anyone in the country. Just in 2009, over 1 million immigrants were made naturalized U.S. citizens. A lawyer can make this process easier for you legally.. If you run into legal troubles, if you have a criminal record, or if you want this done quickly, a lawyer can help.

How much will it cost?
Fees for immigration vary, though the actual fees you pay to the government depend on what you are applying for (typically small amounts in any case). Your immigration lawyer can explain his or her rates upon consultation. You really have to put some value on this. If you can live and work in the U.S., you and your family will have far more opportunities in terms of work, education, benefits, and safety than most other places in the world.

July 23, 2010

6 Ways an Immigration Lawyer Saves You Time and Headaches

Your immigration lawyer is like a lifeline in the ocean – well, maybe more like the boat coming to the rescue. Immigration problems occur in volume. Millions apply for green cards every year, while only a certain number are allowed in the U.S. And only so many immigrants are made citizens every year. Your immigration lawyer can save you a lot of time and headaches when it comes to this process. How?

Saving Time In the Beginning
You can avoid many mistakes in your initial process by hiring an experienced immigration lawyer. A lawyer can help with any and all documentation you have. He or she can help you with the basics, really. You need to know eligibility for one, and also the laws.

Know the Laws
It’s a big problem if you’ve been in the U.S. illegally before. It’s a big problem if you have a criminal record. But these are not insurmountable situations. First, a lawyer can answer any law questions you or a loved one might have. He or she can help you get sponsored for a green card. A lawyer can explain what laws you broke and how this will effect your eligibility. The laws can be complex – even U.S. citizens are unaware of many. So a lawyer’s help can save you from legal mistakes.

Know Your Rights
Even if you only have a temporary visa or green card, you do have rights. If you are a permanent resident, common assumptions are to think you cannot work, get benefits, or attend schools. These are in fact three of the biggest benefits of getting your green card. You can work in any job, go to any public school or college, and also be eligible for medical coverage and Social Security in some cases.

Earning Citizenship

Citizenship has many advantages over permanent residency. For one, you can vote, serve in all branches of the armed forces, be automatically eligible for Social Security and Medicare benefits, and sponsor other loved ones for green cards if not citizenship. However, this process is legally complicated, and without a lawyer helping you file, the chance of failure is quite high.

Saving Money
You can save a lot of money by hiring the right immigration lawyer from the start. Many get caught trying to save some money by hiring an inexperienced lawyer. This in fact costs you more money than it saves you. It’s quite likely your case will not be a priority. You want someone who’s helped others successfully immigrate legally and for a fair price. A good lawyer may cost you more on paper, but he or she will save you a lot of time and hassle.

Questions
The best asset an immigration lawyer gives you is being able to answer any and all legal questions you may have. You are likely unaware of many laws, you might have trouble with the English language, you may have a criminal history or you were here illegally once – whatever the questions you have, your lawyer’s job is to answer them.

July 14, 2010

What is a Visa Petition?

The visa petition is the first step in getting your green card. It’s also the first step for you to be sponsored by a family member or employer for this green card. What does it involve? How long does it take? This blog guide answers many questions about the visa petition.

The First Steps

A visa petition involves you applying for a green card through a form via a family member or employer. It can also mean you’re sponsoring a family member for a green card. The process begins when a family member sponsors another, or when an employer decides to hire you. There are different rules for both family sponsoring and employer sponsoring. For family, you must be able to prove relation; if your mother sponsors you, a birth certificate would prove she’s your mother. And the family sponsoring the immigrant must be able to prove they currently have a green card (which is easy). If you are coming here for a job, the employer must be able to prove they cannot find qualified workers here in the U.S.

In either case, it’s up to the family member or employer to sponsor the immigrant. You cannot sponsor yourself or fill out the immediate paperwork.

How it Works
As stated, your family member needs to prove relation and that she or he has a green card. The employer must get labor certification, proof it can pay your wages by showing taxes or annual income reports, potentially your education, and some other information.

Waiting
Once your family member or employer files the visa petition, you are now on a waiting list to come to the U.S. This list is large and only a limited number each year are given green cards. Once your petition is filed by a family member or employer, you are given a date which is your number on the list of immigrants. You can keep track of this online too. There are differences if an immediate relative is sponsoring you.

Advantages for Family
While there is a set number for the number of immigrants allowed into the country each year, quite often the rate of green cards given goes over the number. Why? If an immediate relative sponsors you, such as your mother, father, or sibling, you can be given priority status. You need not worry about priority dates. In some cases, the permanent resident and family member who sponsors you can do so and save you months in actually applying. The only exception is when sponsoring a family member who is in the U.S. illegally.

July 8, 2010

International Travel and Keeping Permanent Resident Status

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.

July 6, 2010

Keeping Good Records and Solving Immigration Problems

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.

July 2, 2010

What is Adjustment of Status?

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.

June 28, 2010

What You Need to Know About a Spouse Visa

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.

June 25, 2010

10 Tips on the Green Card Process

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.

June 23, 2010

Taxes for Permanent Residents and Visa Holders

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.

June 11, 2010

Immigration Through Adoption Basics

If you want to adopt a child born in another country and naturalize him or her as a U.S. Citizen, that’s called “Intercountry Adoption” and is allowed in many cases. You will be directly working with the USCIS (United States Citizen and Immigration Service) in this instance.

There are three processes for Intercountry Adoption. If you’re and your spouse are U.S. Citizens or permanent residents, you can adopt via the Hague Process, the Orphan Process, and the Immediate Relative Process. If you have never heard of these, you may be interested in hiring an immigration lawyer to go over the laws. This post will be a brief guide.

The Hague Process
In this form of immigration through adoption, the child originates from a country that is a party to the Hague Intercountry Adoption Convention. What does that mean? It means the country follows worldwide laws on adoption. If the child came from a country outside of this, the laws in immigration would be different. It first came into use in 2008, and is commonly used in most countries. If the country has a Hague recognized office for protecting children, as the U.S. has the Department of State, the world laws apply. As with any of these adoption options, you will need the services of an immigration attorney in order to make sure you follow the Hague laws, including U.S. Laws on adoption as governed by the USCIS.

The Orphan Process
This process is used when The Hague Intercountry Adoption Convention laws do not apply. There are many instances where you can adopt the child via the Orphan Process. You need to be a U.S. Citizen, be able to prove that the child is an orphan, and can prove you are able to take care of this child. In order to be classified as an orphan, the child must have either lost through death or separation his or her parents, or only has one parent who cannot effectively raise him or her.

The Immediate Relative Process
This third and final process occurs when the child has been adopted before is or her 16th birthday, the parent has had custody of the child for a minimum of 2 years, and is being adopted by a citizen or permanent resident of the United States. There are some differences to the other options, such the fact the process is not limited to children who have been or are going to be citizens.

How to Get Help
Adopting non-U.S. Citizens can sometimes be more difficult than the naturalization process for others. However, the benefits for the child are numerous, especially if he or she has never had parents or has parents who cannot properly raise and care for them. One way to understand this process better is to hire counsel, an experienced immigration lawyer who’s seen cases like yours before.

 

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