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

December 28, 2010

Why did the DREAM die?

The DREAM Act, a bill that would have provided a path to U.S. citizenship for tens of thousands of young people in the United States, died before it reached the floor of the U.S. Senate, leaving supporters wondering what went wrong. As any measure working its way through the halls of Congress, this bill was guided, redirected and stopped by good old fashioned American partisan politics.

“As part of this legislative session there has been no serious movement to do anything that would improve the grievous situation of illegality at our border,” said Alabama Republican Senator Jeff Sessions, who led the opposition.  “Leaders in Washington have not only tolerated lawlessness but, in fact, our policies have encouraged it.”  Mr. Sessions added, “This bill is a law that at its fundamental core is a reward for illegal activity.”

Opposition to the bill seemed to be centered around the fact that potential candidates for citizenship – some 65,000 or more high school graduates per year, according to DREAM Act advocacy groups – are undocumented or illegal aliens. The problem with that line of thinking, supporters say, is the youth are not illegal by choice. They are in the United States because they were brought to this country by their parents.

One Republican Senator in favor of the bill, Lisa Murkowski of Alaska, released a statement after the failed vote saying she sympathized with their difficult situation.

“I support the goal of the DREAM Act which is to enable children who were brought to the United States by their parents to earn citizenship through service in the armed forces or pursuit of higher education,” she said. “ I do not believe that children are to blame for the decision of their parents to enter or remain in the United States unlawfully. The reality is that many of these children regard America as the only country they ever knew. Some were not even told that they were unlawfully in the United States until it came time for them to apply for college. America should provide these young people with the opportunity to pursue the American dream. They have much to offer America if given the chance.”

President Obama, in his year-end news conference Dec. 22, said the defeat of the DREAM Act was his “biggest regret” of the lame-duck session of Congress.

“It is heartbreaking,” Mr. Obama said, pointing out how these youth don’t even realize they are illegal aliens until they try to enroll in college or sign up for the military.  ”That can’t be who we are. To have our kids, classmates of our children, who are suddenly under this shadow of fear through no fault of their own. They didn’t break the law – they were kids,” the president said.

Republican members of Congress stated in interviews this week that they opposed the DREAM Act because it would “open the door” for some 11 million undocumented aliens to gain citizenship. They said the bigger problem to address is the country’s southern border with Mexico, a portal for millions of illegal immigrants.

“It is pointless to talk about any new immigration bills that grant amnesty until we secure the border, since such bills will only encourage more illegal immigration,” Republican Senator Lamar Smith of Texas said in a statement.

Senator Smith and other Republican colleagues said the bill would “reward violators of the country’s immigration laws and encourage new waves of illegal immigration.”  Opposing Senators also said the requirements of the DREAM Act, that candidates attend two years of college or serve at least two years in the military were too easy and that it would allow “lawbreakers to become citizens.”

President Obama said his administration is working hard on border security, and that is something the American people have a right to expect. The president said the fate of the young people should not get lost in the shuffle, though.

“I think it is absolutely appropriate for the American people to expect that we do not have porous borders and anyone can come in here anytime,” Obama said. “But I also think about those kids and I want to do right by them.”

Details of the DREAM Act and immigration law reform will certainly remain fuel for debate until the Congress reconvenes in the new year.

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.

November 3, 2010

What is Illegal Immigration Amnesty?

To put it simply, amnesty is a controversial topic concerning illegal immigrants in the U.S. There are some estimates that there are as many as 20 million undocumented aliens living within U.S. border. This article tackles a tough but important topic.

Is it wrong to deport aliens?
This is a divisive issue to say the least. Both sides have valid points: both that illegal aliens are taking some jobs but that they are also boosting our economy; both that illegal aliens are breaking U.S. laws but also some are simply trying to find a better life. It’s not for our purposes to say whether illegal immigration is right or wrong morally, but consider that many illegal immigrants are simply trying to get a better life. On the other hand, by breaking U.S. laws, immigrants are hurting our country; drug trafficking, for example, is a major issue. To deport illegals who are violating U.S. laws is more than understandable.

What should you do?
If you’re an immigrant, come to the U.S. legally; you get far more opportunities. If you are unsure of how you might get here, you might be surprised at how many options you have. You can get a green card through a spouse or via another immediate family member. You can get one from an employer. You can apply for the green card lottery, given to thousands every year. If you believe illegally immigrating is your only choice – or if you are here illegally already – consult with an experienced lawyer to understand your options.

What should you not do?
You should not break U.S. laws or lie on immigration documents. For example, some lie on their green card application. If found out, you face immigration penalties. You should hire an honest lawyer, not a criminal. If he or she promises you some secret way to immigrate, or explains he knows an immigration official, or asks you to lie on documents, get a new lawyer.

What is amnesty?
Illegal immigration is a major problem, and the U.S. government has been trying to solve it for some time.  Amnesty has a series of points. The proposal calls for illegal immigrants to be allowed to remain in the U.S. on 4 year periods. If you pass a background check, remain employed, avoid criminal acts, pay a fine, get what’s called a “Z visa,” and return to your country, you may be allowed a legal green card. This is currently only a proposal, and is subject to change. The points may seem extreme, but on the other end, many want to deport all illegal immigrants and protect U.S. borders better.

Get Immigration Help

U.S. immigration laws are complex and subject to change. If you are unsure of how they work, and have some questions, your best resource is an experienced immigration lawyer. Not an immigration  consultant or someone who promises you it will be easy, but a real lawyer who can represent your interests.

October 15, 2010

Getting a Green Card: How a Lawyer Can Help

Coming to the United States as an immigrant can at times be difficult, time consuming, and costly. However, it’s much better than trying to come here illegally – which is dangerous and hurts your chances of ever being allowed to immigrate. And the benefits of immigration – from more rights to better pay – make it more than worthwhile. The first step in immigrating to the U.S. is with a green card, making you a permanent resident. Who can help?

What an Immigration Lawyer Does

An immigration lawyer gives you the opportunity to legally come to the U.S. There are many who call themselves “immigration consultants” who are more interested in your money than actually helping you. An immigration lawyer helps you understand U.S. visa laws, if you are eligible to come here, helps fill out paperwork, ensures you can renew your green card after 10 years, while also advising you on earning citizenship.

How An Immigration Lawyer Helps
You likely cannot come here without some help. The most common way to come to the U.S. is being sponsored by a U.S. citizen. If you have immediate family who are U.S. citizens, you are automatically eligible. Since there is no cap on how many immigrants can come via immediate family sponsorship, this can be fast. On the other hand, how you fill out the necessary applications can be tricky. For example, if your spouse is a citizen, and you have only been married for a short time, you may have to prove to immigration officials the marriage is proper. An immigration lawyer can help here.

Following All Laws
As noted above, some will promise you an easy immigration process for a certain sum of money. They may “know someone” at the USCIS (United States Citizenship and Immigration Services). This is always against the law, and they are likely just trying to take your money. Pay a real immigration lawyer a fair fee and he or she should be able to help you legally immigrate. And if you are unsure of certain laws – such as when traveling outside the country for long periods – your lawyer can advise you.

Applying for Citizenship
A green card is good, but if you want the full benefit of living in the U.S., you need to become a citizen. Citizenship grants you the right to work all jobs, to vote in elections, to receive benefits, and to be eligible for disability if something happens to you. You need not reapply every 10 years either, and you can never be deported. A lawyer is crucial in making this dream a reality. He or she can help you file paperwork, prepare for the interviews, and get ready for citizenship tests.

Finding a Good Lawyer
Where do you find a good immigration lawyer who can make your dream a reality? Searching online and making phone calls seem to be the best. Consult with as many lawyers as you feel comfortable with, and start taking notes on rates and experience. Many offer free consultations and case reviews so you can see them at work.

September 3, 2010

6 Provisions of the Arizona Immigration Law

There is a lot of confusion and uproar about the Arizona immigration laws debate. It’s understandable that this is a divisive issue. This blog piece will not state whether the law is correct or not. The points here will be on what the immigrant laws mean to you, your family, and your employer.

Registration
Under federal law, any immigrant over the age of 13 who is in the country longer than 30 days must be registered. Also, under federal law you are supposed to carry your registration documents at all times. If you fail to have proper documents, you can be penalized. Arizona’s new law is trying to put action behind these words.

Documents and Penalties
If you are an immigrant, walk down the street, are stopped by an officer, and lack documents, you can be charged with a misdemeanor. Infractions are for minor offenses such as a speeding ticket, with minor penalties. In comparison, misdemeanors are much stiffer, with potential for high fines, some jail time, and probation. The worse penalty to get in such a situation is a felony, which can lead to major criminal charges, but are rarely used for immigration purposes.

First and Further Offenses
According to the Arizona immigration laws, even a first offense for lacking documents can lead to some big penalties. While you only pay up to $100, you can spend up to 20 days in jail and have to pay for court costs such as a lawyer. If you get another offense, it may mean as much as 30 days in jail.

What ID?
If you have a Arizona drivers license, that is all you need to show any officer who might stop you, according to the law. If you lack a license, a nonoperating identification license, tribal identification, or federal, state, or local government ID will work.

If You Interfere
One cause for commotion on this proposed law is how you can be charged with a crime simply for interfering with the legal process. If a local city official, for example, interferes with the federal laws being enforced, he can be sued by a citizen. And if the citizen wins, the city official has to pay lawyer and court fees.

Hiring and Traffic
Another odd part of the law goes into how immigrants, some legal and some not, are getting work. A typical event is for employers in industries such as construction to stop and pick up a group of immigrants in need of work. The Arizona law now makes it illegal to stop in the street to pick up workers, with some major penalties involved.

You may be scratching your head at some of these laws. There may be some good and bad here. While some of these are making enforcement of federal laws a reality, some are obviously designed at capturing illegals. Deporting them is the next step.

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 27, 2010

What is an Immigration Hold?

An immigration hold is also called an immigration detainer. It means that the Immigration and Customs Enforcement (ICE) branch is making a claim against an immigrant being held in state or federal jail. You may have broken a law, been charged with a  felony, and face some jail time. What happens is the ICE can take you from the jail and deport you, though giving you a chance to plead your case.

Being deported is very scary. You had the chance to live in here, but some mistakes were made. The problem is that immigration law itself is such a divisive issue. And today the ICE has more legal power and the desire to deport immigrants who’ve overstayed their time here or broken criminal laws.

What can you be deported for?
There are three kinds of crimes: infractions, misdemeanors, and felonies. An infraction is a minor mistake like speeding or running a stop sign. A misdemeanor is more serious, such as a drinking and driving DUI arrest, where you can be deported. Felonies are the worst, such as assaulting someone, and quite often come with jail time. If you end up going to jail, the ICE can take you from jail and give you a hearing. You will then be asked on the nature of the crime, have the opportunity to post bail, and possibly face deportation.

Assuming you have a green card, you are in danger of deportation. That’s why citizenship is desired by many: you cannot be deported.

What happens after?
The ICE will find you, hold you, and decide what to do next. They will go over your information, and give you a chance to explain yourself. In most serious crimes, you can be deported. The ICE will be going through your immigration status, so that if you are here illegally, no matter the crime, you are now in danger of being deported.

Getting Immigration Law Help
An immigration hold requires the help of a very knowledgeable immigration lawyer. Being deported is the worst possible thing which can occur. You should also consult with a criminal lawyer on how best to defend yourself. In order to properly know your rights, and to stay here, an immigration lawyer is invaluable. But in any misdemeanor or felony charge, you also should hire a criminal lawyer. Even though you are an immigrant, you still have legal rights. A lawyer can help defend them.

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.

August 4, 2010

6 Myths on Immigration Law You Need to Know

Myths have a sort of capital across the world, all too often turning from misstatements to something close to the accepted truth. It happens all the time in immigration law. In divisive times, words spread. No more, because this blog post points out key myths you need to know.

1-Immigrants Steal Jobs

Actually, most immigrants are either creating jobs through small business enterprises or taking minor jobs most of us would not want. A recent study on immigration highlighted how almost 20% of new small businesses are created by immigrants; and small business accounts for the majority of new jobs. That’s a lot more helpful than hurtful.

2-There Are Too Many Immigrants
This has some basis, as we have more immigrants in the country than ever before, but not in terms of percentages. We’re a long way from the massive immigrations from the 20th century. Immigrants take a much less smaller percentage of the entire population than you might think. Saying there are too many immigrants is almost a cliché, as most citizens are from immigrant families.

3-Immigrants Get Welfare (And Are Supported)
One big myth on immigration is that many immigrants come here to live on the state and federal welfare systems. They get a disability, or welfare, and never work.  In fact, immigrants throughout history have brought some major boons to the U.S. economy. Immigrants account for billions of dollars in taxes—which goes on to pay for roads, social security, welfare, law enforcement, and beyond—and also put billions more into the economy with new jobs. Yes, there obviously is some basis for this, as some immigrants may come to the U.S. because of the better opportunities for aid. However, most come for more work and education.

4-Immigrating Legally Is Too Expensive
Immigrating illegally is much more expensive when you crunch the numbers. Yes, sometimes immigrants see no other option but to enter illegally, only to find little work for those without a green card, and little legal protection. However, applying for a green card has immense rewards. You can get a better job and education. You can also earn citizenship. If you entered illegally, it may save you some in the short term, but you’d lose out soon enough.

5-Lying On Government Forms is Okay
Lying on government forms can stop you from ever getting a green card. It can severely damage you and your families immigration options. If you are afraid telling the truth will hurt you, you should consider that lying puts you in an even worse situation. Consult with your lawyer for guidance.

6-All Lawyers Can Help
Not all lawyers are immigration lawyers, not all have the experience to actually help you, not all know the laws, not all can guide you to a green card and later naturalization. So not all immigration lawyers are equal. Some will offer a low fee and plenty of promises, only to fail. Base hiring a lawyer on experience, availability, and affordability.

July 26, 2010

What You Need to Know About Immigration Reform

While health care reform has taken center stage of late, now we have a chance to really consider  immigration reform. This guide points to opinions on both sides, right and left, and focuses on how we might bridge the gap, improve the country, and handle the immigration reform.

What is immigration reform?
Immigration reform is an idea trying to resolve a problem: the many undocumented workers in the United States. Some studies have pointed out there are as many as 20 million undocumented workers in the U.S. The two sides are those who want them to be forced to leave, and those who want amnesty. Both sides have clear points. If all illegals were granted amnesty, it would almost condone the illegal activities, and be ignoring the many problems these undocumented workers have created. On the other side, forcing 20 million workers out of the country would be a huge problem, and ignores the simple fact we are all, more or less, a country of immigrants.

Democrats are mostly in favor of granting amnesty. There are some advantages here, namely the fact if undocumented workers were made legal, the problems of them driving wages down might improve, as minimum wage laws would take effect.

Republicans and others are divided on the issue, but the main argument is that these immigrants came here illegally, some are breaking laws in the U.S., and some are taking jobs away from U.S. citizens and legal permanent residents.

President George W. Bush tried to bridge the gap in the debate, but was beaten back by politicians from both parties. Now President Obama is trying to solve the problem, granting amnesty to undocumented workers.

What does it mean to you?
The two sides to this issue each have clear points, but with a Democrat in office, the chances of amnesty passing are much higher. If undocumented workers were made legal, it very likely would improve wages and limit the number of jobs they take from citizens (because the pay scale would be even again). The problem of illegal immigration would be made much easier, though even Obama has said the problems inherent need some time. For one, illegal drug trafficking is a major problem.

In reality, deporting millions of immigrants is impossible. However, we might be able to curb the problem, lessen the effect it has on U.S. workers, and improve the economy. The main goals of immigration reform are to improve border security so we don’t have a continuing problem, using work site enforcements so only legal workers can get job, have guest worker programs, improve the current immigration system, and letting the naturalization process evolve to meet the new demands.

If millions of undocumented workers were made legal, you might think this would somehow hurt the economy. After all, they’re taking jobs. This is true, and a good argument. It should also be considered that these new workers would be hired under fair wages, would invest much more money into the U.S. economy, would pay taxes, and would save the government time and money in tracking them down.

As you can see, there are a lot of details to consider. This blog post was not meant to say which side is right or wrong. It’s good to have a debate, and hopefully we’ll have a fair conclusion.

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