Immigration Process

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December 16, 2010

5 Rights Undocumented Immigrants Have

What is an undocumented immigrant? It is someone who is in the U.S. illegally. But by nature, every person in the U.S. has rights. And you always have the chance to earn immigration rights even if you’ve been here illegally. It’s a common problem many have, thinking they cannot do anything legally because they lack documents. In fact, if you are an undocumented immigrant, you have many rights. This guide gives you five.

Right to a Lawyer
You always have the right to a lawyer. Say you are arrested on a charge of drinking and driving. You may wonder what your rights are. You may be scared. The officers may try questioning you without a lawyer. You should say nothing until you have a lawyer. You have the right to remain silent, as should be noted in the arrest, and you have the right to legal representation.

Right to Fair Trial
Simply because you are undocumented does not mean you have no due process. You have a right to a lawyer and a trial. You have a right to question the charges made against you. You have a right to appeal in court. If the trial goes against you, you can take the case to appeals court, which has been done by undocumented immigrants.

Right to Know Charges
You always have the right to know any charges made against you. If the arresting officers are not clear about this, just ask. They are legally bound to tell you why you are being held. Sometimes it’s obvious: you were drinking and driving. But other times, especially if you’re innocent, you may be unaware of what really happened. If a charge is made against you, you get to know the charges, get a lawyer, and get a trial.

Right to Education

Simply because you are an undocumented immigrants does not mean you cannot get an education, nor will your children have this problem. All residents of the U.S. have a right to go to public schools, sometimes even colleges and universities, even without a green card.

Right to a Search Warrant

If an officer wants to search you or your home, he or she needs a search warrant. You cannot be searched simply for looking like an immigrant, because you are of a certain nationality. If this were allowed, officers would have reason to search anything and everything they want. If an officer gets a search warrant, that is due process, and he can search you or your property. Otherwise, you need not allow it.

The subject of illegal immigrants is a controversial topic. Some may wonder what right an immigrant has to be protected by our laws. They keep our society strong and fair. The best thing you can do is get your proper documentation by hiring an immigration lawyer. But if you are ever charged with a  crime and are undocumented, it’s time to consult with an experienced lawyer.

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.

August 30, 2010

5 Reasons for Illegal Immigration to the United States

Why do immigrants come to the United States illegally every year in such higher numbers? And how can we solve this problem?

There is no easy solution, but perhaps studying how the affects of economic hardship, joblessness, religious persecution, and freedom can give us a better understanding of why.

Labor Markets in Poor Countries

Well, we might as well go over the obvious. Most illegal immigrants coming to the United States are from Mexico. They are on the border. The problem is that with a population which has increased tenfold in a century, labor, especially cheap labor, is more in demands in the U.S. than Mexico. It’s the same thing in countries in South America. With such population growths, there are less jobs. And the jobs available pay much less than the average U.S. job. You have to understand even minimum wage can seem like a boon for someone used to living on a few dollars a day.

Poverty
Those who do live on a few dollars a day are often in cases of poverty, sometimes extreme poverty. Mexico is not a third world country, but it’s not a rich one either. The U.S. has more programs for helping the jobless, homeless, and penniless than most other countries. It comes down to wanting a better life for themselves and their family.

Family Life
Sometimes immigrants come here illegally not because of a job or a chance at freedom, but because some of their family are already here. It’s common for immigrants to cross borders in order to reunite with families. The problem is growing with each new illegal immigrant. However, once an immigrant earns his or her green card, he can sponsor immediate family to come here. It’s unfortunate sometimes they come illegally instead.

Persecution
One common reason for immigration in general across the centuries is persecution. Whether it was Christians coming to the Americas in the 18th or 19th centuries, or communists crossing the Berlin Wall, or Africans fleeing countries where persecution is occurring, the point is to find a better life. This is still a major part of illegal immigration..

Freedom

Freedom from persecution is still a relevant issue. Freedom to work, vote, and to speak are not as common as we might think. While money may be the driving reason for illegal immigration to the U.S., don’t discount freedom and liberty.

Immigrants come to the United States for a variety of reasons. We have to remember what’s now a cliche: most of us came here in some sense or another, whether as persecuted by our religions, enslaved, or to escape war. The problem with immigration may not be solved entirely, but by knowing more about it why it occurs we can gain a better understanding of how to stop it.

August 18, 2010

Illegal Immigration FAQ

This blog guide focuses on the argument of illegal immigration, the problems it has caused, and also the benefits of having illegal immigrants in the country. That last point may confuse you:  pros of illegal immigration? There are some clear reasons illegal immigrants can help our country. Though this issue is very divisive, it’s too important to ignore. Let’s start with why immigrants are coming to the United States illegally.

Why are they immigrating illegally?
America was once considered the place where dreams happened. It quite often still is. Even with our recent economic downturn, even with job loss in recent years, it’s still the place with the most opportunities for most in the Western Hemisphere. You can quite often live a safer live, work a job which pays more, and give more opportunities to your children. You have far more rights than most countries – you can sue, get proper medical care, and vote in elections. These may seem simple, but to many they are big benefits. People immigrate to the U.S. for better lives.

The Pros of Illegal Immigration

While you may think immigrants take jobs, some say they keep the economy going by fulfilling low-paying jobs. This may not seem fair, but quite often its much more than they would make in their native country. You then get a better state of life; where some families are forced to live on several dollars a day in other countries, in the U.S. jobs allow you to live much better.

Also, illegal immigrants pay taxes in the billions. They pay sales taxes, but also in some cases real estate taxes. If they are made permanent residents, they also pay income tax. And in either case, they buy things far beyond food. In terms of the economy, they are not a drain, but a boost.

Cons of Illegal Immigration
Beyond the simple fact illegal immigrants break the laws by staying here, some also commit other crimes. Drug trafficking, for example, is a problem on the Mexican border. Drugs bring new criminals to the country, while also damaging the lives of those who use them. Because of the increased crime rate, local, state, and federal governments have to hire more personnel and spend more funds. One controversial point is that illegal immigrants also come here solely because of government support systems such as welfare and disability.

The Winner?

Both sides have clear cases. The pros are mainly economic, while the cons are mostly criminal law points. There is no winner. Illegal immigration is a problem with no easy solution. It is important to remember both sides have points. Some of the above may be disagreeable to you, and in a free country, you’re allowed to say so. Some immigrants simply want a better life where they can support their families with honest work and have the rights to freedom and liberty.

June 30, 2010

Thoughts on Illegal Immigration and Amnesty

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.

April 21, 2010

Impact of Green Cards on California

California has historically been impacted a great deal by new permanent residents to the United States, and not just because of the Latin insurge of new residents and citizens.

For the past years, California has had the most immigrants of any state, with New York coming in at #2.

Just what is the impact of green cards on California? How many people immigrated to California in 2009? Does this impact jobs in any way? Does it help the economy to have new permanent residents? This guide takes a positive look at the impact of immigration on California.

How Many Immigrated to the U.S.?

About 1,030,000 new immigrants came into the U.S. in 2009. This is a small increase over 2008, which had about 1,007,000 new immigrants come. Of these, the majority were family sponsored new residents who gained green cards. The nation with the highest number of immigrants coming here is Mexico, following a common trend in the past decade. Of total immigrants, the majority were aged 25-34 according a Homeland Security study. This study also noted how Asian immigrants are rising, accounting for the majority of new permanent residents since 2007, and #2 came North  America.

How Many Immigrated to California?
About 227,000 immigrants came to California in 2009.  New York came in at 150,000 new immigrants, second to California.

How Do Immigrant Effect the U.S.?
What’s the impact of green cards on the country? It’s not cause for debate on this blog, but it’s worth considering how many new immigrants come with skills to our country.  Do immigrants take jobs away from other citizens? Actually, immigrants are afforded opportunities to become part of society. This includes in-state tuition for certain immigrants, eligibility to serve in the armed forces, and once working to contribute taxes. It’s also a dream for many who live in poorer communities elsewhere.

Impact of Green Cards on California
Since green cards have a positive effect and are big opportunities for the poor, it’s also important to bear in mind how many illegally live in the United States. The statistics prove that illegal immigration is a big problem. If you are aware of someone who has immigrated illegally, instead of reporting them, you can actively help them get green cards.

How to Get a Green Card in California
The best way for new immigrants to make an impact on the United States is by earning permanent residency status, getting an education, and joining the work force. Immigration law is a complicated subject for new immigrants, and immigration lawyers can help immigrants stay within the laws and get the most opportunities.

Ending Notes On U.S. Immigration
Historically, immigration has had both a positive and negative impact on the U.S. However, by staying within the laws, by earning green cards and later citizenship, new immigrants can make just as big an impact on society as any other citizen.

April 7, 2010

Dangers of Fake Marriages and Repercussions for Immigrants

Getting a green card, maintaining it, and then earning citizenship is the dream of many immigrants. If you’ve wanted to live in the land of opportunity all your life, you might be willing to take illegal actions to do so. With the recent flush of fake visas and phony marriages, the United States government  is cracking down. This post focuses on the dangers of fake marriages: what they are, the penalties, and what you should do instead.

What is a “Fake” Marriage?
First, a fake marriage hurts you more than it helps you. It’s not valid if you want to immigrate to the United States from any country. But the secret is, you don’t get caught with your fake marriage, right? You should consider the chances of being deported and never having a chance to become a permanent resident if not a citizen of the U.S.

The fake marriage, or sham marriage, is a loophole in immigration laws. You marry someone not because of love or family choice, but because you want to use the loophole to become a permanent resident of the U.S.  The law makes it clear you can immigrate if you are married to a U.S. citizen, and that any children you have will then be U.S. citizens. You might even be able to become a U.S. citizen yourself. However, if you use loopholes to get through the system instead of doing it properly, you’re breaking the law and could lose an opportunity

Penalties for Marriage Fraud

The maximum penalty for marriage fraud  is 5 years in prison and a $250,000 fine. Marriage fraud used to be more common, but the U.S. government has taken a much greater interest in marriage fraud in recent years. That means, years ago you might have been able to get away with it, but now you have to truly prove you are in love with your spouse.

How Your Caught for Breaking Immigration Laws

The USCIS is hard to fool. You might think it will be easy: you say you’re in love, they say they’re in love, you get married, and you move on. However, the USCIS is taking an active interest, using technology to catch marriage fraud early and often. They can not only look into your past life, but do so with everything from previous addresses, where you worked, and anything else in the public record. The USCIS has also been known to do field investigations. This is how serious they take marriage fraud; they are willing to do field work on just you.

What to do Instead of Marriage Fraud

While honestly applying for permanent residency and citizenship is a tough process, it’s far better than choosing to break U.S. immigration laws. Instead of no chance, you have a reasonable chance to live in the U.S. You can visit here legally. You have a number of options beyond marriage to get into the U.S. and earn a green card, maybe even citizenship. Students and skilled workers, for example, have the opportunity to stay here for extended periods and get green card.

If you have any questions on how to legally get permanent residency in the United States, call an immigration lawyer today.

March 20, 2010

Maintaining a Green Card After You Get It

How can you lose your green card? It happens often to US residents who recently gained permanent resident status. Typically, you lose your green card if you break criminal or immigration laws, and you can also lose your green card if you abandon the United States as a resident.

How can you avoid that? It’s pretty simple: don’t break laws, and maintain residence in the US throughout. However, there is some fine print you should be aware of, and how to keep your green card in the event you get a job in Canada or Mexico, or if you unknowingly break an immigration law.

Breaking US Laws
This is the most common way immigrants lose their green cards. The problem is it doesn’t work like you might think. It’s not for some major federal crime, more often than not, but actually a variety of crimes involving domestic disputes or immigration laws. So it doesn’t have to be a major crime, such as helping someone enter the US illegally or possessing drugs.  Some people even lose their green cards and are deported for not being truthful and using marriage as a way into the country.

There are no definitive laws on what makes you lose your green card and permanent resident status. The best thing you can do is be clear with what the  laws of the US are. If you make a mistake, not only hire a criminal lawyer, but also consult with an immigration lawyer. An immigration lawyer will know the fine print you don’t. Just hiring a criminal lawyer is a mistake; they often don’t completely understand all the laws involved in immigration. Hire someone you can depend on to fight for your right to live in the US.

If You Don’t Live in the US
The US is not a place to visit when you want to stay here for work or family and go home. If you want to maintain a green card, you must maintain US residency or you will lose it. The laws are even more complex in how they are handled than with breaking laws. A professional immigration lawyer to consult with is a must in this situation.

Say you come to the US via marriage and get a green card. You maintain residency here for 1 year, but go back to your home of Mexico and live there for one year. You are in fact in danger of losing your green card in this situation, and it may be hard to reenter the US.

If You Work Outside the US
It should be noted that you  can maintain your green card and US permanent resident status if you work outside the country. If you work a job in Canada and live on the border, you can technically maintain your green card if you consult with the USCIS.

Final Tips
To maintain your green card, it’s wise to have a clear understanding of what you can and can’t do. An immigration attorney can help you before you get in trouble, or if you have questions about what you’re allowed to do to maintain residence in the US.  Also, if you intend to live outside the US for some time,  say 1 year, it’s smart to get a reentry permit from the USCIS so you don’t have any trouble getting back in.

April 24, 2009

California Congressmen Wants Border Fence Completed

A group of Republican lawmakers that includes Representative Duncan Hunter of El Cajon and Representative Brian Bilbray of Solana Beach introduced a bill that would require the completion of the 700 mile border fence begun under the George W. Bush administration.

Democratic leaders, including President Barack Obama, have said that they favor a more comprehensive approach to immigration reform, which includes legalization for some of the estimated 12 million illegal immigrants currently in the country.

Before he took office, the President said that he would only support completion of the fence if it was essential for border security operations.

The bill will likely languish in the House Homeland Security and Judicairy committees.