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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.

September 6, 2010

Time Table For Immigration Law – Getting a Green Card, Earning Citizenship

The advantages of living, working, and raising a family in the United States are many. However, that does not mean it’s easy to immigrate here. If you hire the right lawyer, and if he or she ensures you follow all laws and guidelines, you have a very good chance of getting a green card. The odds are much better if you have family already here, especially immediate family.

This guide will explain: what getting a green card means, how long it takes to get a green card, how long citizenship takes, what laws you need to follow, and how an immigration lawyer can help.

What is a green card?
First, you might wonder what a green card is in the first place. Quite simply, it’s a document allowing you to live and work in the United States. You are considered a permanent resident of the United States, you can live and work here, and you can then apply for citizenship.

In order to get a green card, you need to be sponsored by a family member or employer.

How long will it take to get a green card?

This depends on who is sponsoring you and their current position in the U.S. The time table is shortest if you are sponsored by an immediate family member. For example, if your mother lives in the U.S. and has a green card, she can sponsor you for one as well. Since she is immediate family, the process often only takes a matter of months.

If on the other hand you have no immediate family – immediate family being parents, spouses, brothers and sisters, or children – you have to wait for an Immigrant Visa to open up. The best way to do this is to be sponsored by family, but if you have no family and have to wait for a visa, the process can take years.

How long for citizenship?

After you’ve had your green card for five years, you can apply for citizenship. You can also become a citizen if you’re spouse is a citizen. You must be able to prove a knowledge of U.S. history and law, be able to read and write in English, and be willing to follow the laws and Constitution.

What laws must you follow?
There are some who try to cheat the system. For example, sometimes marriages occur between citizens and immigrants in order for the immigrant to get a green card (and having no relationship). This is illegal and because it’s somewhat common you must be able to show proof.

Also, if you have a green card, you can be deported for breaking U.S. laws. This is quite common in misdemeanor and felony cases where jail time is part of the punishment. Your legal right to live in the U.S. is threatened if you break major criminal laws.

What can an immigration lawyer do?

The immigration process can sometimes be quite confusing, and that’s why hiring an experienced immigration lawyer is smart. He or she can ensure you fill out all documentation correctly, that you are ready for any questions to be asked, that you follow the laws, and that this process takes as little time as possible. Whether your goal is a green card or naturalization, an immigration lawyer is invaluable.

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 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 12, 2010

What You Need to Know About Deportation

Immigrating can give you enough worries, but when it comes to being deported, you really need to know the laws. Are there ways to avoid deportation? What happens if you are deported? What reasons can you be deported? And can you ever return? You should always consult with an experienced immigration lawyer if you fear deportation. A good lawyer can save you a lot of grief. This blog guide can help too.

What is deportation?
Deportation means you are removed from the United States by the federal government. You are are considered an alien, and it occurs when you break immigration or criminal laws. For example, if you are caught selling drugs, you may be deported. If you’re here illegally, even if you’ve broken no other laws, you will almost always be deported. There are many ways to be deported. You could have violated nonimmigrant status, you terminated your permanent residency status, you engaged in marriage fraud, voted illegally, and a variety of other reasons you can ask your lawyer about.

Can you avoid deportation?
Yes, though if you’re here illegally already you may have some trouble. This is something to talk about with your lawyer. Being deported is a very big deal. If you are here illegally, it may be best to leave and try to come into the country legally with the help of family sponsorship. If you have family here who are already permanent residents, they can sponsor you to be the same (meaning you get a green card). If you are here legally, be smart and understand if you break laws, sometimes even seemingly minor ones, you can be deported. You can be deported until you become a naturalized U.S. citizen. So be mindful of the laws.

What happens if you are deported?
What happens is you get an NTA (Notice to Appear) from the Immigration and Customs Enforcement branch, giving you the reasons for deportation. You will have a hearing, where you have the option to hire a lawyer.  You have more options here than you might think. You may be able to apply for relief, meaning you can stay. If the judge decides against you, you will be deported unless you win an appeal.

Can you return?

This does depend on the nature of your case. Some who are deported are never allowed to return to the U.S.

Who can help?
There is a trial, where evidence and witnesses can be shown, and where a lawyer can help you stay. If you can win in court you can avoid being deported. It’s smart to not break criminal and immigration laws in the first place. In either case, you need to hire an experienced immigration lawyer. Without a lawyer, your chances are slim.

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.

March 31, 2010

Getting a Temporary Visa to the U.S.

The first step in getting a temporary visa to the United States is to make sure you’re eligible. These laws can be complex and the lists long, so you may want to get help from a professional immigration lawyer for counsel on eligibility. This lawyer can also walk you through the steps of applications, maintaining your visa, and also getting you a green card if desired.

You can only stay in the US for a limited time with a temporary visa, and if you want to become a permanent resident in the future, it’s smart to follow all the immigration laws lest you lose your opportunity.

Let’s go over the basic steps of applying for a non-immigrant (temporary) visa.

Where to Apply for a Temporary Visa

You need to find a consulate close to you which can authorize the type of visa you want. The best place to find out is via the U.S. Department of State’s website, state.gov, which can help you find one near you and also walk you through the process. Wherever you are, that’s the country you need to apply for a visa in. If you’re in Russia, you must apply there. If you’re in a country with poor ties to the United States and has no consulate to help you, then going to a nearby countries consulate may be your best choice.

However, not all consulates will take your visa application if you try applying outside your home country. You can explain why you are unable to apply in your home country, such as if it has poor relations with the United States.

How to Apply for a US Visa

For certain visas, you can expect the process of applying to be simple. If you only want to visit the United States for a few days or weeks, you need only fill out some applications, attend and interview, and pass some if any security checks.

Student visas are a different process. You need to find a school who will admit you and send you a special form. You will then take this form to the US consulate. The only difficulty is in finding a school who will take you.

Work visas are the most lengthy of processes. If you already have a US employer willing to sponsor you, that’s step one. If you don’t, you need to find one who will. The employer must then do paperwork to get you to the United States, including paperwork with the U.S. Department of Labor, and the office of U.S. Citizenship and Immigration Services (USCIS). After that, it’s your job to file a visa application with the consulate in your country. Often, you can expect to have an interview at the US consulate or embassy.

Time You Wait for your U.S. Visa

Unfortunately, the waiting for the wheels of U.S. Immigration to work can be slow. With all these processes involved, and with security checks now more frequent, the days of getting tourist visas in days are gone. It might take months, so plan ahead and hire a good immigration lawyer.

March 24, 2010

7 Things You Need to Know About US Immigration Law and Citizenship

If you’re ready to get permanent residency status via a green card or to actually become a US citizen, this blog post is just the thing you need to get started. Getting a green card or US citizenship is difficult, so your best choice is to hire a professional immigration lawyer.

1-Mistakes People Make That You Shouldn’t
You don’t just walk across the boarder, off the plane or even boat and become a US resident. It may be surprising, but US immigration is one of the most complex laws you’ll ever face. However, it’s not as difficult as it sounds if you hire someone who’s been doing this for years, namely an immigration lawyer.

2-What a Green Card Is

An immigration lawyer’s biggest talent is often getting you permanent residence status and a green card. This allows you to stay in the US as long as you want for work. Typically, these are not easy to get unless you have family here. If you have family in the US, you have a very good chance of getting a green card. If you’re about to marry a US citizen, that’s also helpful. There are other ways to get green cards beyond that, but those are the majority.

3-How You Get a Green Card
To get a green card, you have to qualify. To qualify, you usually have family here in the states, or a spouse, or an employer wants to bring you here to work.

4-What is a Temporary Visa?
For college students studying in the US, you get a green card. Temporary visas are for brief stays in the US, for family engagement, work, and studying.

5-Immigration Rights

You get a green card by 1) applying at the US consulate in your home country or 2) applying while you’re visiting the US.

6-Becoming a US Citizen
There are many laws about changing from a permanent resident to an actual US citizen. If you want US citizenship, it’s very smart to hire a professional immigration attorney to help you. There are many criteria, including the fact you’ve been a permanent  resident of the US for the past 5 years and have spent at least half that time here.

7-Research is Important
Lastly, for all the applications you’ll fill out, be completely honest. If you lie to the US government, you not only hurt your chances of becoming a permanent resident and citizen, but also risk losing your opportunity to visit here and ever getting a green card.

As you can see, getting a green card and applying for US citizenship are open to many people. If you are unsure of the process, you can also ask professional counsel on the subject. Also, the US government has a variety of web sites on the immigration process. If you’re ready to get your green card, or go from permanent resident to a US citizen, hire a professional immigration lawyer who can help you succeed.

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.

February 17, 2009

Evidence Shows Immigrants Preparing To Return Home

A report in the Wall Street Journal  that focuses on Mexican immigants, shows that unemployment rates have risen faster for foreign-born hispanics than they have for the general population.

The article, by Miriam Jordan, also discusses the number of Mexicans who have registered their U.S. born children with the Mexican consulate in order to secure Mexican citizenship for them if they decide to return to Mexico.

According to the article, 20,791 such children were registered in 2006 compared to 32,517 between January and September 2008. Mexican consulates also report a surge in “personal effects permits” that allow nationals to transfer their household goods to Mexico without paying import taxes.

Other applications for identity cards that make it easier for Mexican nationals to stay in the U.S. are down dramatically, according to the article, which leads to speculation that many are preparing to head home to face the economic downturn.