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

August 23, 2010

Are You Eligible for U.S. Citizenship? Some Tips on Successful Naturalization

Immigrating to the United States has many inherent advantages. A better life can be a found here, a better job, a better education for you and your family, and more rights than many other countries, such as the right to vote and financial help. This is why so many immigrate to the U.S. But how can you immigrate? One option is getting a green card by being sponsored by immediate family or by an employer. Once you get here, you may want even more rights than a permanent residency gives. That means you want to be a naturalized U.S. citizen, who has the most legal rights of any person in the country.

How do you know if you’re eligible for citizenship? What can you do to improve your chances of success? How much will it cost? And who can help? Let’s find out.

Criteria for Naturalization – Becoming a U.S. Citizen

The laws below govern whether you can be naturalized. If you do not meet any of the following guidelines, you will not be able to earn citizenship just yet.

-You have been in the U.S. as a legal resident for at least five years. If you are here as a refugee other for asylum, you need to speak with a lawyer as you may be eligible.
-You have been present in the U.S. for at least half of said five years.
-You have been in the state you’re applying for citizenship in for at least three months. So if you’re in Virginia, you must have been there for a minimum of three months before you can apply for citizenship.
-You have not traveled outside the U.S. for more than a year.
-Your main home is not in another country. So if you have a permanent home in Mexico, you may not be eligible.
-You can speak, read, and write in the English language.
-You have good moral character (just a way of avoiding criminals).
-You can pass a test on U.S. history and government.
-Finally, you can swear to the ideas of the Constitution and will be loyal to the U.S.

What if you are not eligible?

Remember, in order to apply for citizenship you must first be a permanent resident – having a green card. If you are not eligible, as you can see from the above guidelines, you will likely get another opportunity. For example, you may have only been a resident for four years, meaning you need only wait one year for the opportunity for citizenship. Or you may have recently moved to another state and have only been there one month: in this case, you need only wait a few more months to apply for citizenship.

How can you improve your chances of success?

First off, you need an immigration lawyer. He or she is invaluable in this process. You can save you a lot of time and headaches by hiring an experienced lawyer. That’s the best way to ensure all the applications are filed correctly. Also, you can consult with any family you have who might have successfully earned citizenship. They may be able to give you some basic advice on what to expect on tests and such. As to taking the tests, they are not impossible, and if you put some time into studying, if you already have a grasp of the English language, you should have no problems.

Who can help?

An immigration lawyer is invaluable. There are many who help immigrants trying to earn citizenship. Look for experience first, then factor in the price of the lawyer.

August 6, 2010

5 Tips On International Travel as a Permanent Resident

International travel is supposed to be simple on paper, but quite often is not. If you’ve received a green card recently, if you need tips on keeping your green card if you’ve had it for some time, or if you recently lost your green card due to moving, this guide can help. We’ll go over some crucial tips you need to know in order to navigate the laws.

Keeping Permanent Residency Status (Keeping Your Green Card)
Let’s go over the facts in general. When you get a green card, becoming a permanent resident of the United States, you receive numerous benefits. You have more opportunities to maintain jobs, you can get a better education, you can apply for benefits, and you can soon enough apply for citizenship. Now, in order to keep your green card and eventually become a citizen, you need to follow U.S. laws. You can be deported for breaking laws, sometimes even minor ones. It’s a big risk if you start breaking laws enforced here. Also, in order to keep your green card, make sure you reapply on time.

If You Move
If you travel for a few months, you’ll usually have no trouble getting back into the country. If you actually move from the U.S. to another country, the government can and often does look at this as giving up your permanent residency status. If you move, and decide you want to return, you have to reapply for a green card. If you only intend to stay for a few months, if not several years, there are ways to maintain your green card, but it may be difficult.

If You Stay Too Long

If you stay much longer than six months in any other country, you risk losing your green card. So if you traveled to France, stayed a year, and decided to come back, you may be not allowed reentry. It sometimes takes longer, sometimes less, before you lose your green card. If you intend to stay for longer than six months, it’s smart to consult with a legal professional.

Planned Travel
How can you travel internationally for extended periods? You may want to try naturalization, which grants you more rights and the ability to come and go as you please. Citizenship means no more customs problems, no more green cards applications, and an easier travel experience. If you are unsure of how to travel, consulting with an experienced immigration lawyer can help.

If You Are Confused or Have More Questions
You likely worked with some immigration professionals when you first got your green card, or are about to as you apply for the first time. An immigration lawyer can help you successfully travel in and out of the United States with little problems. He or she can also help you maintain your green card and then earn citizenship. If you have further questions on international travel as a permanent resident, contact an experienced immigration lawyer.

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 21, 2010

What is a Temporary Worker Visa?

When you want to work in the United States and you are not a permanent resident or citizen, you need to apply for a temporary worker visa. Temporary worker visas allow you to stay in the country. You can get them either by being sponsored by an employer or in other cases you can look to get them on your own accord. What are the laws concerning temporary worker visas? Let’s find out.

How Congress Allows Worker Immigration
According to U.S. laws, employment visas are designed to protect U.S. workers and not lower wages. For example, the mindset is that if an employer hires an immigrant instead of a U.S. citizen, that’s wrong. If you are employed for a very low rate, thereby lowering the pay scale for other workers, you are also going against the goals of the laws. This is not to say you won’t get work. In fact, many who apply for a temporary worker visa are either skilled in a field absent in the U.S. or so limited it won’t effect anyone. If you do not take a job away from a citizen or lower the value of work done by other professionals, you are no danger to U.S. workers.

Work Visas You Need to Know

The more skilled and educated you are, the more specialized your industry, the faster this process will go for you. If you have a major degree in science, for example, you would be put ahead of someone who lacks an education. It’s not meant to be right or wrong, only to bring in more specialized workers first.

There are three types of work visas you need to know: H-1A, for nurses; H-1B for specialty jobs with a requirement of being highly educated and skilled in a specific industry; and the H-2 visa for those in the agriculture industry, where some workers can be hard to get locally.

Your Obligation

Having an exceptional education is not a guarantee of work visa success, and lacking great knowledge in a niche does not mean you are unqualified for a worker visa. It is best to have a specific industry in mind. If you lack an education, or if you have one with less demand in the U.S., you are in need of some legal help with an immigration lawyer. In cases where your skills and education are highly regarded, consulting with a professional immigration lawyer can give you a better idea of what to expect and what to do.

The Employer’s Obligation

By law, employer’s must not take jobs away from U.S. citizens and permanent residents. This means many jobs are not open to worker visas. The employer will apply for certification with the government, showing clear proof that the U.S. labor pool lacks the talent it needs.

Get Immigration Help
If you’re unsure about any of these laws – and worker visa laws are very complex – or if you want to immigrate to the U.S. some other way, you need to speak with an experienced immigration lawyer. He or she can guide you through this process, potentially help you fill a need for workers, and quite often help you apply for a longer stay in this country.

July 16, 2010

Questions You’ll be Asked When Entering the U.S.

If you’re unsure of what will occur when entering the U.S., this guide can help.

You are asked many questions by a customs officer. These officers are trained to ask many questions, so if your paperwork or answers are suspect, it can take longer to enter. You will need proof you can enter legally, your immigrant visa. These questions are some of the norm you’ll get when entering the U.S. as an immigrant.

Why Are You Visiting?
As each visa is different, you’ll often be asked different questions. For example, with a visitor visa you can only do so much. If you’re visiting illegally, of course you’ll have problems. Even if you just say something which leads the custom officers to think you are visiting for other purposes, perhaps to stay here and gain permanent resident status, you can be turned away. So if you’re asked why you’re visiting, make sure your answer matches what your visa says. If you say something different, it could lead to problems.

How long will you be here?

This question is designed to see if you’re staying within the laws. You may be staying longer than allowed, and the customs officer wants to know this. You need to be clear on the laws involved here. If you are staying too long, you can be turned away. In these cases, if you’re unsure ask a professional immigration lawyer for help.

Who are you staying with?

If you have no real reason to be here – and who you’re staying with – the customs officer may find this suspicious. Therefore, it’s good to have a clear place to stay while you’re here.

Have you visited the U.S. before?

This questions will often lead to another. The customs officer is trying to find out if you have a history of staying longer than allowed. There are some complex laws on how much longer than expected you plan to stay. For example, if you stay 1 year longer than you should, the U.S. government would consider that a major problem and bar you from entering for 10 years. This again means you need an experienced immigration lawyer’s help.

How many times have you been here in past years?

In some cases, those who travel to the U.S. have ulterior motives, and the customs officer is trying to see this. If you’re using your visa as a way to stay in the U.S. for extended periods, it’s considered illegal. You can only visit here, not use it as a residence.

How a Lawyer Can Help
A lawyer can guide you through this process. For example, in the previous question of how many times you’ve been in the U.S., you may need to get a green card. If you have family in the U.S., you can be sponsored for a green card. This saves you a lot of hassle and allows you to stay here legally. It’s always wise to consult with legal representation when it comes to traveling in the U.S., getting a green card, and becoming a naturalized U.S. citizen.

April 9, 2010

Problems with U.S. Visa Security – Immigration Law News and Notes

Immigration law experts are now noting a new way for immigrants to illegally get into the U.S.,through the student visa. The student visa has become a headline again with reports across the web and newspapers about how crime rings were being hired to take immigrant proficiency exams and classes for immigrants in need of student visas so they could stay in the U.S.

After 9/11, immigration authorities took clear action on stopping such occurrences. In fact, one of the Sept. 11 hijackers involved in the attacks used  a student visa to enter the U.S.

Rings involved in illegally obtaining U.S. student visas have been broken up in recent months across the country, including  Florida, California, and Georgia.

What exactly were they doing? These rings were operated to keep student visas for immigrants. The criminals would take tests, do immigration paperwork, attend classes in the immigrant’s name, write term papers, and guaranteed passing grades. This has been termed as a new illegal way to easily pass through checks and come into the United States.

It should be said, these rings were not involved in terrorism activities, at least early reports are stating that. But they are showing another flaw in how U.S. immigration laws are keeping certain immigrants out of the country.

What does this mean for U.S. immigrants today? Why use student visas to enter the country illegally?

Non-immigrant student visas are given to aspiring students hoping to study at an American academic institution, language training program, or a vocational school approved by the USCIS (United States Citizenship and Immigration Services). Actually being accepted into one of these schools is just the start. While getting a student visas is far from impossible, with new laws, and news items such the aforementioned, it’s tougher.

You can get two types of student visas–a visa for a college, university, seminary, conservatory, academic high school, or a visa for a language training program. In some cases, you can also get a visa for pursuing nonacademic or vocational schools.

You need to be accepted. As a foreign national, you must show you’ve been accepted into a U.S. school or program of some kind.  In most cases, you must prove an ability to speak proper English. This is important as the classes will be taught in English, and does not concern actual nationality. Once you’ve proven you are eligible for education, you must prove you have the money to pay for the U.S. school.

A student visa is clearly one way to live in the United States. It’s one step closer to proving you can become a U.S. citizen. Be clear on all the laws involved in applying for a U.S. visa, never put yourself in a position to be deported from the country, and if you have questions contact an immigration lawyer for counsel.

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