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

November 8, 2010

What Visa is Right for You?

If you’re unsure of the type of via you need, this blog guide can help. We’ll be going over how the nonimmigrant and immigrant visa, each allowing you to live and work in the U.S. The laws can be complex, so if you have any questions hire an experienced immigration lawyer. Even a few consultations can help you avoid major mistakes.

What is the nonimmigrant via?
If you are only coming temporarily to the U.S. – such as on a business visit, for family purposes,  as a tourist, or as a member of the media – you want a nonimmigrant visa. These are much easier to get. You will be allowed to travel in and out of the U.S. for a set time. You cannot just decide to stay. If you stay, you must get a U.S. immigrant visa, a green card.

U.S. Immigrant Visa
If you want to live permanently in the US., you need an immigrant visa. If you want to live here for the rest of your life, you would want to apply for naturalization, becoming a U.S. citizen. The immigrant visa has many benefits. You can live and work for 10 years time or more. You can have access to most all jobs. You can sponsor other family for green cards. You can study in U.S. schools. If you become a citizen, you will be allowed to vote, to work all jobs, to serve in all armed forces, and to apply for benefits if you suffer an injury. As you can see, an immigrant visa is the first step toward a dream of living permanently in the U.S.

Citizenship

You can also sponsor other family members for a green card when you become a citizen. Typically, the first step is to get a green card through a family member. Then you apply for citizenship. Upon naturalization, you can then sponsor other family members. If you marry, your spouse can also be sponsored for citizenship. If you have children born in the U.S., they get automatic citizenship.

Legal Help
Nonimmigrant visa, immigrant visa, green cards, citizenship – these all require some legal expertise. Therefore, consulting with an experienced immigration lawyer is essential. You should hire someone who specializes in U.S. immigration law, who is honest, and who you can afford. Paying a fee is more than worth it when you consider the many benefits of a green card and naturalization both for you and your family.

November 5, 2010

Legal vs Illegal Immigration

You receive far more opportunities when you legally immigrate to the U.S. when compared to immigrating illegally. Why not come illegally? What if you’re denied a green card and decide to break the laws? This guide explains the differences between legal and illegal immigration.

Benefits of Legal Immigration
You get better jobs. You get more opportunities for your family. You can get a better education. You can become a citizen. With citizenship, you can vote. You pay taxes, therefore becoming eligible for benefits. The benefits are numerous. You lose them if you illegally immigrate.

Dangers of Illegal Immigration

Beyond breaking your country and U.S. immigration laws, illegally immigrating itself can be quite dangerous. Why? Say for example you try to illegally immigrate from Mexico. Every year, hundreds die of exposure and the elements. A car may break down, forcing you to walk. Someone dishonest may take your money and try to cheat you out of more. The walk to the border may be longer, hotter, and more dangerous than you originally thought.  Those who help illegal immigrants – always for a fee –  are not the type of people you want to deal with. Some immigrants are taken advantage of – forced into slavery, prostitution, even getting involved in the drug trade. You always have options beyond illegal immigration. If you are caught, you can be penalized both by your home country and by the U.S., including jail time and fines.

The Employer Question
Employers who take part in illegal immigration are also in danger of being penalized, often quite severely. On the other hand, if you legally immigrate, legally get a job, there are laws for how you are treated, what income you can get (by law there is a minimum wage), and the opportunity for benefits.

Are You Unsure of the Laws?
Illegal immigration often occurs because immigrants are unsure of basic laws. Sometimes confusion can lead to problems. You may be promised by an immigration lawyer that he has someone working at the USCIS who can help you immigrate. Even if this were true – and it rarely is – that would be breaking the law. If you are ever unsure, consult with an experienced immigration lawyer, or start researching the subject. To research the subject, go to official government sites, sites by respected lawyers, and blogs focused on the subject (like this one).

Getting Legal Help
While there are some dishonest immigration lawyers, there are many more honest ones. First, pay a fair fee. Second, look for references and experience. Third, be sure they are actual immigration lawyers, and will appear in court on your behalf. And finally, if they offer to break laws for you, get a new 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 22, 2010

Applying for U.S. Citizenship and How Decisions Are Made

How do you apply for U.S. citizenship?
If you have a green card, you can be naturalized as a citizen if you fit the criteria, including being over 18 years of age and having been in the U.S. at least 5 years. You will be submitting what’s called the Form N-400 when applying for naturalization. If you’re parents are U.S. citizens, and you are not, according to the the official USCIS site you can be naturalized. If you were born in the U.S., you are legally a citizen. If you were not, your parents immigrated, and they became citizens, the process is very simple.

The Naturalization Test

Once you fill out the citizenship forms accurately and honestly, you will be asked to take a test on English, U.S. history, and the government. These tests can be difficult for some of us, even U.S. citizens. According to the USCIS site: “During your interview, a USCIS officer will test your ability to read, write, and speak English and your knowledge of civics. You must read one sentence out of three sentences correctly in English, and you must write one sentence out of three sentences correctly in English.” You will also have to score high enough on the civics questions, getting at least 6 of 10 correct. If this is scary for you, don’t worry – there are many web resources for you to prepare, including this USCIS Resource.

How is the decision made?
You have three possible outcomes after taking the naturalization tests. You can have your citizenship request granted, continued, or denied. If granted, that’s good! You can finish up the process for becoming a naturalized U.S. citizen by taking an oath. If your application is continued, that means there are some problems that need to be resolved prior to citizenship being granted. You’ll get a letter explaining the problem and how it might be resolved.  Even if your application is denied, which means you will not be naturalized, you can appeal the decision.

Why work so hard for naturalization?
If you have a green card, you must reapply ever 10 years, maintain your residence in the U.S., and also be in danger of deportation if you break the law.  U.S. Citizens have the most rights, the most opportunities for jobs and education, and can sponsor spouses and immediate family for citizenship and green cards.

Who can help?
If you are worried about taking the naturalization test, have had your application continued or denied, or simply have some basic questions on the process, that is completely understandable. Save yourself some time and worry, and reap the rewards of citizenship by discussing your issues with an immigration lawyer.

October 12, 2010

Why Spend Money On an Immigration Lawyer?

It’s time to put some value into hiring an experienced immigration lawyer. Where do you  begin when hiring a lawyer? Do you really need one to get a green card or earn citizenship? Is it worth spending thousands of dollars?

If you can’t afford a lawyer, it’s understandable you may question giving him or her money you simply don’t have. You may either have to wait until you can afford a lawyer or try to go without one. However, if you have trouble with the English language, have never attempted to immigrate before, and are unaware of the laws involved, you may have trouble.

Is a lawyer worth it? Immigration lawyer fees vary depending on the nature of the case. Some may be willing to negotiate with you, and many offer free consultations to get started. Since few immigrants come here with tens of thousands saved up, you can easily get an experienced immigration lawyer for a fair fee. If you get a job paying twice or more than you are making currently, it’s definitely worth it.

Where do you find a lawyer? Searching online is good, but you should consult with as many lawyers as possible. Be weary of lawyers who promise rock bottom rates or say that they have insider knowledge on U.S. immigration. They may say they know someone in the USCIS (United States Citizenship and Immigration Service), which is almost always either a lie or illegal. Some call themselves “immigration consultants” and rarely do more than take your money.

In order to find a good fit, contact experienced immigration lawyers you find online. If you consult with ten lawyers, for example, and compare price, availability, and experience, you should be able to find a winner. The good thing about online is you can send emails 24/7, or fill out a basic form and get a call. Remember that even though a lawyer may be very good, offers fair prices, and has experience, he or she may not have the availability to really help you.

What does an immigration lawyer do? He ensures you stay within all U.S. immigration laws. If you want a green card, you have more options than you might think. While being sponsored by immediate family is the easiest, you might be able to try the green card lottery or find an employer willing to sponsor you. Few of us can understand all the legal terms when filling out documents, and that includes immigrants. You may struggle with the English language or simply have no legal knowledge. It’s nothing to be ashamed of, and it’s a good reason to hire a lawyer.

Is a lawyer worth a large portion of your income? Sometimes, he or she can help you make much more money over time. The sooner you get to the U.S., the more opportunities you and your family will have.

October 8, 2010

5 Tips When Traveling Outside the United States – Help for Permanent Residents

If you are considering traveling outside the United States as a permanent resident, you can make your vacation or business trip easier by understanding how the laws work. First and foremost is understanding what rights a permanent resident has.

Your Rights
You need to reapply for a green card – having permanent resident status – every 10 years. You will have the right to live and work in the U.S. as long as you follow all laws. If you travel, you can still return to the U.S., but you must follow certain guidelines. This includes, generally, keeping your residence here and not leaving for too extended of a period (generally over 6 months without returning). Also, if you are in another country more than the  U.S. over a long period, you may lose your green card. You still have rights, and if you’re worried consult with an immigration attorney.

What You Need to Travel
When you visit another country, you need to bring a passport from the country you are a citizen of, or a refuge travel document. Say for example you were born and raised in Brazil, but became a permanent resident of the U.S. through a job. You would need a passport from Brazil to travel to a country, such as France or England. There are some other laws involved here, namely the fact you may need a visa or to provide some other documentation to the country you’re traveling to. If you are unsure, you can visit the Department of State site at travel.state.gov for more info.

When You Return to the U.S.
You’ll need a valid green card. According the the USCIS (United States Citizenship and Immigration Service), “When arriving at a port of entry, a U.S. Customs and Border Protection Officer will review your permanent resident card and any other identity documents you present, such as a passport, foreign national I.D. card or U.S. Driver’s License, and determine if you can enter the United States.” As long as you have not stayed away for too long, your green card is valid, and you have noted documents, you should be fine.

What if You Stay too Long?
Generally, six months is when you are risking losing your permanent residency status. According to the USCIS, “While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home.” If you are ever unsure, consult with an attorney.

Who can help?

An immigration attorney is invaluable to consult with when traveling. There are some steps you can take to ensure you maintain your permanent residency status. If you follow the laws, are honest, consult with legal representation, and break no laws, you should have no problems in traveling.

October 1, 2010

5 Ways to Avoid Breaking Immigration Laws

1-Hire a Professional Lawyer
Your lawyer is your guidepost, especially if you don’t know or completely understand U.S. immigration laws. A lawyer saves you time, legal troubles, and needless worries. And not all lawyers are effective, honest, and professional. If they promise you this will be easy, rarely is that honest. If they try overcharging you or adding fees, that’s unprofessional. If they have no legal experience in immigration, it’s doubtful they can be effective. You need a professional immigration lawyer who has experience in helping immigrants, who charges fairly, and who never breaks any laws or asks you to.

2-Avoid Immigration Consultants
One term used by some who specialize in immigration is the “immigration consultant,” who, for a fee, promises you or a loved one a green card. What often ends up happening is the consultant either breaks immigration laws or takes your money and literally disappears. Always work with a lawyer.

3-Know Your Rights
You have rights too.  And they should be protected. But many of us do not know all our rights. As an immigrant to the U.S., you must follow the laws of this country. If you breaks laws, such as illegally immigrating, you can be deported. If you fail to follow other laws such as criminal acts, you can be deported even if you have a green card. On the other hand, though you have less legal rights than a citizen, that does not mean you have no legal protections. You have the right to live, work, and raise a family with a green card. You then have the right to be naturalized.

4-Stay On Time

One common mistake immigrants make is not reading through all the rules. They don’t necessarily break laws on purpose, but fail to keep up on paperwork. A green card is not a lifetime event; you have to reapply every 10 years. Once you live in the U.S. for some time, 3-5 years, you can apply for naturalization.  That way, you need not worry about losing your green card after leaving the country, or being deported for other reasons. You can travel as much as you want as a citizen with no risk to your status, and you can never be deported.

5-Never Agree to Illegal Activities

Finally, if you want to protect your right to live and work in the United States, never break laws when applying for a green card or citizenship. You may wonder about shortcuts, ways to “work” the system, but these are illegal. If you try to sway immigration official decisions with bribes or favors, a common promise made by bad lawyers and criminals, you are risking ever being allowed in the U.S. If you have a green card, and are asked to take part in a criminal activity, this too risks deportation. Stay within the laws and you almost always get an opportunity to live in the United States.

September 13, 2010

Why Immigrants Help Our Economy

In a recent blog post on SpeakEasy, Mark Engler points out the many myths of immigration and the reality of our situation today. The economy is in a major recession with unemployment, foreclosure, and bankruptcy rates rising. So far, in comparison to 2009, we have made little gains in unemployment, foreclosures are up by almost 20%, and bankruptcy rates are on pace again to be well over 1 million. While all these things are major downsides, there is some good to be had. And it certainly does not mean we should start pointing fingers at immigrants, new and old.

What the Economy Means to Immigrants

The economy is going through a recession worldwide. Some countries in Europe, especially Greece, are in dire straights. But in the U.S. immigrants too are suffering through a lack of jobs. And immigrants are not creating any problems for citizens in terms of getting jobs (a common myth). In fact, as this piece will show, immigrants are increasing pay rates and helping rebuild the economy.

Unemployment and Immigration
There is little evidence that immigrants take some of any jobs from U.S. citizens. Engler, in his blog post, cites a banking study on how immigrants affect our economy. While the study points out immigrants have “scant” affects on unemployment, it would be wrong to say they take no jobs. However, there is little evidence they actually take jobs from Americans. At the least, they boost all of our pay rates, put money into the economy, and work just as hard as any of us.  These all in turn help unemployment.

Pay Raises and Immigration

How do immigrants put money in your pocket? The banking study points out each U.S. citizen makes an average of about $5,000 more money because of immigrants. Immigrants put money into the economy, but also increase demand for specialized jobs. Some of us may feel this increase in pay rates more than others, but it’s surprising evidence on the value of immigrants.

Hard Work and Immigrants

Well, let’s not stereotype: not all immigrants are hard workers just as not all citizens are. But through the centuries immigrants to the U.S. have built entire cities based on their labor. The largest group of immigrants come from Mexico. It used to be Europe. In both cases, workers filled jobs for key labor  industries many citizens do not want. Immigrants are working hard to move up the ladder. More than ever, immigrants are taking advantage of the valuable education benefits of living in the U.S. We would not have higher pay scales if all or a majority of immigrants added no value to the work force.

New Jobs and Immigration

Finally, immigrants create jobs, they don’t take them. True, there aren’t hundreds of thousands of jobs being created by immigrants right now because of our sluggish economy, but the fact is by paying taxes, by buying items, by paying for homes, immigrants are adding to our nation’s income. These all in turn create new jobs in a variety of fields because of demand.

Immigrants rarely come here to get unemployment and welfare benefits. They come to work and live the American dream.

September 8, 2010

How To Help Your Immigration Lawyer

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

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

Communicate Concerns

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

Ask for Help

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

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

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

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.

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