Immigration Process

You would like to come to the United States and live here. Or, you are already here in the United States, and you would like to know what you have to do to become an immigrant...

Immigration Process Immigration Process
Immigration Case Review

January 10, 2011

Long Term Benefits of Immigrating to the United States

You can change your life by immigrating to the U.S. It can lead to a better job. It can lead to a better education. It can lead to your children being born here and becoming. There are more long term benefits. This blog guide will highlight them.

Better Jobs

Earning a better jobs is the #1 reason most immigrants come to the U.S., especially from Mexico and other Latin countries. The jobs are simply better. Wages are better. Work life is better. Benefits are better. You have a chance to move up the ladder, often without prejudice against race or gender. Not all countries have these advantages.

Better Education
While the schools in the U.S. have not been the best in the world, the shear number of quality schools from elementary through secondary school gives many long term benefits for families. Some of the best teachers in the world are in the U.S. Compared to most countries, the U.S. has far more quality colleges and universities. There are programs for people from low income families to get support to pay for a college education. There is a reason immigrants come from worldwide to study in U.S. schools.

Better Way of Life

While crime is a problem in the U.S., there are drugs, violence, and gangs, the way of life is still much better than other countries. There has not been a war on U.S. soil in hundreds of years. We live in a democracy, something not all countries have. There are police officers. There are elected politicians. Simply put, you can live a safer and more productive life.

Right to Vote
As noted, the U.S. has a democracy. And because of that, all citizens have the right to vote. If you immigrate here, and become a permanent resident, you do not get the right to vote. But if you stay long enough, follow all laws, and fill out the proper forms, you can become a U.S. citizen. If you are born here, you are automatically a U.S. citizen, so if you have children born here, they will be citizens. If you have a spouse who is a citizen, the process is also faster.

Right to Benefits
Working grants you the right to have benefits. Working makes you pay taxes. Paying taxes means you have the right to certain benefits, namely social security benefits for when you retire. This means a regular monthly stipend and medical help. While you won’t be rich with these benefits, for many hard working immigrants they are a life saver.

Better Life for Children

Your children can have a better life. They can become U.S. citizens. They can grow up with good schools. They can get educated in college. They can help your family transition into the United States. We are a nation of immigrants. If you are curious on how to get this process started, it’s time to consult with an experienced immigration lawyer.

December 10, 2010

Taking Advantage of Your Green Card

If you are going to live in the U.S. for a longer period, how can you take advantage of this opportunity? There are many ways. This blog guide explores your options as a new resident of the United States.

You Can Live Here Longer
One definite option you want to take advantage of is the fact you can stay for at least 10 years once you get a green card. You might be able to find a good job in this time. You might start a family. You might get an education. You can also consider becoming a U.S. citizen. And there is no reason you can’t apply for an extension once your green card has run out.

Study At a School
If you get a green card, you are considered a permanent resident of the U.S. Because of this, you are going to pay less tuition at colleges than most foreign nationals. You might save as much as 80% of your tuition costs simply because you have a green card. With your education, you can learn a trade. It’s historically been true that the better the education you get, the better job opportunities you will have. If you have children, you can send them to better colleges and give them opportunities too. The point is that you stand a much better chance with a college education. And because you can save more money and often live on campus, you can have a better college experience.

Get a Better Job
You can try different careers if you get an education, thought it’s not a requirement. You might learn on the job instead. In any case, you stand to get paid much better and have more opportunities for advancement with a green card. If you earn citizenship, you can even land federal jobs where pay is competitive. Though the economy in the U.S. is tough right now, there are still many skilled jobs available, and many pay more than in other countries.

Start a Business
There is no reason you can’t venture out into your own business once you get a green card. You might save up some money after school by working some jobs. You can start your own business; there is no law against it. This can in many ways lead you to the American dream.

Retire
Finally, you might decide to retire in the U.S., in a place safe from war and political strife, with a stable economy and many opportunities for retirement packages after working a job. Retirement in the U.S. is very possible with a green card.

The next logical step after a green card is to earn your citizenship. By becoming a U.S. citizen, you gain the most rights, such as voting and being eligible for certain benefits, and never having to reapply for a visa.

December 8, 2010

Tips to Hire a New York Immigration Lawyer

With hundreds of immigration lawyers in New York and over 7,000 working in the country, you have many options when it comes to hiring an experienced lawyer. The problem is in choosing from so many. How do you differentiate a good New York immigration lawyer from a bad one? Where do you look for a lawyer? How much will it cost? These questions and more will be answered in this blog guide.

Are they an AILA member?
The American Immigration Lawyers Association is a good reference point for hiring a New York immigration lawyer. All immigration lawyers should be a part of this association. It keeps them informed on changes in laws. It keeps them connected with the government. And it shows they have a vested interest in immigration law.

How much do they charge?

Oddly enough, you don’t want a low priced lower nor one much higher than everyone else. Most immigration lawyers charge based on a flat rate – where you pay a certain fee for the entire service. Some charge on hourly, but usually you want a flat rate. If a lawyer charges too little, it may show inexperience. If they charge too much, much higher than other lawyers, you may be able to save some money by hiring someone else. In any case, it’s time to find out what you can afford, what the going rate is, and who you can get the most value from.

How much experience do they have?
You want someone who has been practicing immigration law for some time. While being fresh out of law school is not necessarily bad, it does show some inexperience, especially in handling problems. A lawyer needs court room experience and problem solving abilities. This comes over time. You also want a real lawyer, and not someone who defines themselves as a consultant – lacking a legal degree. Most of the time these consultants have no real power if you run into problems, and sometimes even break laws.

What is their specialty?

First off, you should get a lawyer who specializes in immigration law. Second, you want someone with relevant experience for your case. There are many niches within immigration law, including getting a green card and employment based immigration. Therefore, you can find a New York immigration lawyer with experience in your particular need. If you simply want to get a green card, you might prefer a lawyer well versed in these laws rather than employment visa laws.

How big is their caseload?
Some lawyers take on too many cases to handle. Some have paralegals who handle too much of the caseload. You want your lawyer actually spending time on your case, especially if there are problems. If your green card is rejected, you need to reapply, and this takes time. If you are deported, you must appeal. If you want to earn citizenship, this too takes time. If a lawyer has dozens of other cases, he or she may lack the time to truly help.

How well do you communicate with them?
Finally, what kind of personality does your immigration lawyer have? We all get along with certain types more than others. Be sure you can get along well with this lawyer, that you can communicate concerns, and that you can always ask him or her questions.

December 4, 2010

Drug History and Immigrating to the U.S.

If you have a drug background, you may wonder how much that will affect your immigrating to the U.S. It can definitely have an affect on whether you can come here or not. This guide shows you how to avoid problems.

First, if you can avoid it in the first place, that’s your best option. While this may be after the fact, you can avoid a lot of trouble by staying away from criminal acts prior to immigrating, if not in general. Drug dealing, for example, looks very bad to U.S. customs officials, who regularly keep non-citizens out who commit such acts. If you have a history of drug trafficking, it can lead to being denied entry, or to be deported if you lie about it.

Second, if you have a drug past, perhaps possession or even trafficking, do not lie about it. If you lie, and it’s found out, you can be deported. Instead, be upfront about any drug history you might have. Oddly enough, many from countries across the world lack a perfect criminal and drug record. We all run into problems. However, if you try to hide this, it’s much worse than simply telling the truth. If you tell the truth, you have more opportunities.

Third, try to change your life around and have proof of doing so. You might try to get to drug counseling. You may get a regular job and start a family. You may start volunteering to help others avoid the life you lived. If you can prove to U.S. customs that after you had a problem you tried to change your life around, you have a much better chance of immigrating. In other words, you made some mistakes before, so now it’s time to make up for it.

Fourth, understand your rights. Simply because you are an immigrant and not a citizen does not mean you have no rights. True, you have less rights than a citizen does, but you are no less of a person. If you feel you are being treated unfairly, you should fight for your rights. You may take the next step and hire an experienced immigration lawyer.

Finally, get legal representation before you try immigrating. An immigration lawyer can be invaluable in this process. If you have a history of drug trafficking, for example, your lawyer might be able to show how much you have changed your life around. If you are denied entry, you have a right to appeal, and a lawyer is crucial to that part of the process.

November 24, 2010

5 Ways to Avoid Immigration Delays, Mistakes, and Extra Fees

If you are immigrating to the United States, the journey is one more than worth it. You may come from a poor country, a country with little rights for its people, or a country where health care is not an option. You might want to raise your children in a new country, or to get a fresh opportunity for yourself to get an education. More than anything, you should avoid problems when immigrating to the U.S. This guide shows you how.

What if you travel here?
If you travel, it’s important to have proper documentation. In order to be allowed in the U.S., you must first get past border officials. To avoid delays, be ready to handle these border officials. Have nothing on your immigrant visa which might look suspect. Give officials no reason to turn you away. Be completely honest with them. If you are unsure of what to do when you get there, you might consult with a legal professional in your area. Border officials have the power to turn you away; this is not a complex process, but it can be difficult.

File Multiple Green Card Petitions
If you are applying for a green card, you might try to file multiple petitions. Say you have a brother and sister living in the U.S, who are both citizens; you can file petitions through both because they are immediate family. If one of your petitions is delayed, or if you make mistakes, you have another possible chance to get a green card.

Advantages of Citizenship
The problem with having a green card and being a permanent resident is that you are limited on traveling, limited on your rights, and in danger of being deported if you make mistakes. If you’ve been a permanent resident of the U.S. for 5 years, you have a right to apply for citizenship, or in three years if you obtained your green card through marriage. You will not have to reapply every 10 years, continue to pay lawyer fees to do so, nor have to face officials every time you leave the country for an extended period of time. In other words, citizenship cuts down on legal red tape, saving you time, money, and headaches.

Be On Time
If you want to avoid delays, mistakes, and fees, always be on time in reapplying for your green card. Again, it’s advantageous to apply for citizenship, but in the meantime never be late for meetings with the USCIS, always have your paperwork in early, and consult with a lawyer for legal issues.

Get a Lawyer
A lawyer can be invaluable in helping you through this process. It’s his or her job to help you navigate U.S. immigration laws. Your lawyer should be a professional, with a legal degree. You should be able to communicate well with him or her. And you should be able to afford his or her fee.

November 15, 2010

Primer on Choosing an Immigration Lawyer

Want a better job? A better home? More opportunities for your children? More legal rights? Well, these dreams may seem out of reach. You may live in a country where wages are so low you can barely afford eating properly. You may live in a home of little to no value simply because you have no other options. Your children may lack a good education. You may be unable to vote, but throughout history immigrants have come to the U.S. looking for more freedoms and rights. You can get them here.

Where do you start if you want to immigrate to the U.S. You read. You study. You consult with others who have immigrated. Perhaps most importantly, you hire an experienced immigration lawyer.

What does a good immigration lawyer do to help you? How does a lawyer earn his or her fee? An effective lawyer can save you valuable time, often speeding up the immigration process. He or she saves you time by ensuring you fill out all applications correctly, but perhaps more importantly find if you are eligible for a green card, if not citizenship, in the first place. A lawyer can ensure you fill out applications correctly, that you’re eligible, and that you have the best opportunities available for immigrants.

You want a lawyer you can afford, of course, as legal fees do vary. You can find a competent immigration lawyer without spending tens of thousands of dollars. A good one will charge a fair fee, and remember, this will pay dividends in terms of getting a better job, education, and life for your family. A small fee is more than worth it if it means you can immigrate.

You should hire someone recommended by others. If you go online, many lawyers are recommended by other lawyers on their site. While this is not the only way to find a lawyer, it speaks to experience and effectiveness.

You should get someone with experience. You want a lawyer who specializes in immigration law, especially for your situation. For example, you may want a green card by being sponsored by immediate family. In this case, you want someone with green card experience. Or you may be marrying  a U.S. citizen and want to immigrate; someone with relevant work experience can help here.

Do you speak English? If you want to become a citizen, it’s necessary that you can read, write, and speak basic English. If you are having trouble with the language, you may consider first learning English. If a lawyer is perhaps fluent in other languages, this can be  bonus.

Speaking of language, you want a lawyer you can effectively communicate with. You want one who can spend time with you, sitting down and going over all your options. An immigration lawyer should be friendly, should listen, should offer solutions to problems. You are paying a fee, so make sure you get a lawyer who can help you in the long run.

Becoming a U.S. Citizen: 10 Minute Civics Lessons (Part 4)

Part of the process of becoming a naturalized United States citizen is demonstrating knowledge of your new country’s history and government. During your interview, you will be asked up to 10 questions from a list of 100, and must get six correct to pass. Applicants 65 years old and up who have been living as a lawful permanent resident for at least 20 years follow a “20 for 20″ rule: They are only required to study 20 of the 100 civics test questions, with a minimum of six correct required to pass. We’ll mark these with bold type. More information can be found in the U.S. Citizenship and Immigration Services booklet M-638 (revised 12/09), called  ”Learn About the United States: Quick Civics Lessons for the Naturalization Test.”

SECTION A: Principles of American Democracy (continued)

Q7.  Name two rights in the Declaration of Independence.

A.  Life, Liberty, the Pursuit of Happiness

The Founding Fathers of the United States believed that people had certain rights that no government or king could take away. Three of them, they considered, every human being was born with. These rights were called unalienable, and were the very basis for declaring American independence. Thomas Jefferson wrote that “life, liberty and the pursuit of happiness” were essential to human life and as essential as food and shelter. Jefferson believed that a government gets its power from the people, and when a government misuses that power, the people have the right to take that power back.  Jefferson believed the British King was not protecting the rights of the settlers of the 13 Colonies, so they cut their ties with the crown and began a new country. The Declaration of Independence set that process into motion.

Q. 10.  What is meant by freedom of religion?

A.  Citizens may practice any religion, of if they choose, have no religion at all.

The people that settled the 13 Colonies came from several European countries, including Spain, Holland, France and England, for several different reasons, but all to seek a new life in the New World. One of the most common reasons for leaving their homelands was the desire to follow their own religious beliefs and establish their own churches for worship. The first group of settlers to arrive in North America landed in the year 1620. They were known as the Pilgrims. These people sailed from England and arrived at Plymouth Rock, in what was to become the state of Massachusetts in the region they called New England. They broke away from the Church of England because they felt its teachings were not as strict an interpretation of the Bible as they believed. They called themselves Puritans and arrived at Cape Cod, 65 days after setting sail from Southampton, England aboard one of the most famous ships in history, the Mayflower.

The Framers of the U.S. Constitution — the men who wrote it — believed that religious freedom was one of the most important freedoms of all. Because of this, they began the Bill of Rights — the first ten Amendments of the Constitution — with the First Amendment, which states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” This amendment means that the government of the United States can’t set up an official state religion, and protects its citizens’ rights to believe (or not believe) what they wish.


October 20, 2010

Dangers of Illegal Immigration for the Immigrants Themselves

While sometimes we worry about how illegal immigration takes jobs away, hurts state budgets, causes an increase in crime and problems with drug trafficking, there are dangers for the immigrants themselves. If you are an immigrant deciding on whether or not to come to the U.S. illegally, bear in mind the many dangers involved.

Slavery
While you do not see immigrants becoming slaves in the U.S., there is the potential for deceit in how they are transported. If you are look to immigrate, you might pay someone to let you board their ship or truck in order to get to the U.S. Sometimes you do not end up in the U.S. You may be taken advantage of in a variety of means, such as slavery or prostitution. Many women, for example, are smuggled into the United States to be prostitutes.

Prostitution

Prostitution can and should be linked to slavery. There are many cases of immigrants being promised one thing and given another. There are reports of women from foreign countries being promised good jobs and money if they take this job in another country. Then, when they are transported far away from their home, they’re, to be put it simply, enslaved. Away from home and with few protections, they are forced to choose between running or being prostitutes. This may seem outlandish, but it does happen.

Death
Every year on the Mexican border, hundreds who are looking to immigrate to the U.S. die of exposure to the elements. This occurs for a variety of reasons. With the extreme heat of the Mexican U.S. border, those who try to travel by foot or who are forced to walk some distance die. It’s a small proportion of the illegal immigrants, but a serious danger.

What are your options?
You can come to the U.S. legally. This is always your best option. For some, it may not be possible, but because of the many dangers of illegal immigration to the U.S., for both men and women, risking your life is not worth it.

If you have family in the U.S., you may be sponsored by them. You may try to come in through an employment visa. You also have a chance, in certain countries, of being eligible for the green card lottery, where immigrants from countries who send lower numbers of people to the U.S. can be eligible. Mexico by far has the most immigrants, and illegal immigrants, coming to the U.S. You will not be eligible for the green card lottery if you’re from Mexico, but you still have many options.

Who can help?
If you’re unsure of what to do, it’s time to speak with an experienced immigration lawyer. This is your best chance to safely immigrate to the U.S. Almost always, you have more options than you think. If you come here illegally, you risk your life, and sometimes your family’s lives too.

October 18, 2010

Why Can You Be Denied a Green Card?

Immigrating is not always easy if you’ve broken certain laws, lied, or tried to cheat the system. There are certain situations where 90% or higher denial rates are common. For example, if you have a history of drug violations, that is a major red flag to U.S. immigration officials and almost guarantees you’ll be denied a green card and denied entry into the U.S. The system is designed to protect the country from those who might hurt society. Drug dealers hurt society. On the other hand, you may be a danger to society, such as having a criminal history, or have terrorist sympathies. While denying someone entry based on ideals is cause for a different piece, for our purposes, they’re all important. Therefore, let’s go over some common situations where you’ll be denied a green and perhaps denied entry to the U.S. in the first place.

Drug Usage and Trafficking
Perhaps the most definite way to be denied entry into the U.S. is by being a known drug trafficker. You will be asked this question – if you used drugs or sold them – and it may be tempting to lie. If it’s found you lie on documents, it can lead to banning from the U.S. for all time. If you’re honest, if you can prove you are trying to change your life, you have a much better chance. But if you have a long record of drug use and trafficking violations, the majority of the time you will be denied a green card.

Health Problems

While it is perhaps quite unfair for someone who is sick or has some major illness to be denied a green card, it does occur. If you have HIV, for example, you can be denied a green card. This is of course not fair to the immigrant, especially if the illness came through no fault of their own. However, remember what was noted earlier, that the idea is to protect the United States people, and bringing in someone with some undocumented disease or a very dangerous disease is a danger.

Low Income Denial

If you are at poverty level, that too can lead to a denial. This is designed because there are already many citizens on government help programs in the U.S., including welfare and disability programs. If it’s clear you will need monetary support throughout your life, you may be denied a green card. This can be disputed with an immigration lawyer, as many come to the U.S. to find better work and get a better education. The point is not to accept a large number of people who will take public assistance.

Misrepresentation
If you lie about your immigration status, about your criminal history, or on other points in order to get your green card, this is called misrepresentation. Many do this in order to get visas. If you are caught, the denial rate is quite high. Remember: you can often get a waiver for mistakes you’ve made, such as being considered at poverty level or having health problems, but if you lie, you lose that chance.

Labor Certification
While few take advantage of immigrating to the U.S. via a job, it is allowed by law – when the laws are followed. Some simply use this tactic in order to get to the U.S., with no intention in working for the company. If the immigration official believes you have lied about your intentions, or that you have made a forged labor certification document, you will be denied almost 100% of the time.

Who can help?
Immigrating to the U.S. isn’t always incredibly difficult. There are many ways to immigrate legally, sometimes in a short time. With the help of an immigration lawyer, you can find your best options and get the process started.

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.

Older Posts »