Naturalization

You have come to the United States and want to make it your home. You may have gone through the immigration process and become a lawful permanent resident, but it is your hope and desire to become a United States citizen...

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Immigration Case Review

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.

September 3, 2010

6 Provisions of the Arizona Immigration Law

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

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

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

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

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

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

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

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

September 1, 2010

6 Green Card Laws You Need to Know

Some immigration laws can be difficult to understand, especially regarding green cards.  This blog guide is an answer to those questions, providing a simple overview of green card law.

What Your Rights Are
You have the right to live and work in the United States if you have a green card or are a citizen. A green card gives you the right to stay and work, though technically you have more rights as a citizen. If you break the law, you can be prosecuted.

You Can Still Be Deported
Having a green card is no guarantee of legal protection. If you break criminal laws, especially those with jail time involved, you can be deported. Infractions are minor violations you will rarely have trouble with as long as you don’t get too many. Misdemeanors and felonies are, on the other hand, more serious and can lead to deportation. If you have been charged with a crime, you need an experienced lawyer.

Green Cards Expire

A green card, being a permanent resident of the U.S., is not a lifetime event. You have to reapply in order to keep it. If you earn citizenship, you have no need to reapply. But otherwise, you need to reapply every 10 years.

If You Lose Your Card, It’s No Problem
Simply losing your green card or having it stolen does not mean your status is in jeopardy. Some believe you must have your green card ready at all times, and that with no green card you can be deported. As long as apply for a replacement, you are fine.

If You Have Family Here, You Can Be Sponsored
If you have family in the United States, you have the opportunity to be sponsored for a green card. If immediate family are citizens, you may be able to apply for citizenship, common with spouses. If any family who are not immediate family are citizens, they can sponsor you for a green card. If your immediate family have a green card, they too can sponsor you for a green card.

A Green Card Does Not Guarantee Citizenship

A green card is not a guarantee of citizenship. It is a good first step, but it does not mean you will be able to successfully apply for citizenship.

If you are unsure about green card laws, your best resource is an experienced immigration lawyer. He or she can explain how the laws work, what laws you must be aware of, help you fill out applications, and also give tips on becoming a U.S. citizen. A lawyer is invaluable in protecting your rights.

August 27, 2010

What is an Immigration Hold?

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

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

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

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

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

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

August 20, 2010

Immigration Through Employment Basics – The I-9 and Beyond

Immigration through employment is governed by the Immigration and Naturalization Service (INS), and, oddly enough, all employers are involved in immigration through employment in a minor way. This is because of the I-9 verification process – it’s designed to ensure you only hire permanent residents or citizens, not illegal immigrants. So if you have any employees, you are part of the INS system.

What are I-9 Forms?
You can get them from the INS online or by calling. It’s part of a process to ensure you hire no undocumented workers, a major problem in the United States. All companies are involved in this process. The only exemption for filling out an I-9 is if you are using an independent contractor, but all other new hires need an I-9.

What if there are problems?
The INS receives complaints of employers using illegal worker often enough to add to the current debates on illegal immigration. The problem is that illegal immigrants are taking jobs they are not allowed to take. While the majority of these jobs are low-paying, it’s still breaking the law. If you are using illegal immigrants as workers, it’s not just them who pay; you can be penalized for hiring illegals. If, however, you do not know one of your workers is undocumented, and he or she had apparently valid information, you will not be held responsible.

What if you’re unsure?
The only times you should investigate a worker is when the information and documents are clear forgeries. If they appear to be correct, you need not investigate. However, if the documents are forgeries, for example a faked green card, you should investigate further. While you are not always penalized if you don’t know, it can help you legally to ensure you hire no illegal workers.

There are some steps to to avoid running into trouble. First, when you first hire a worker, verify his or her status with the usual paperwork. Make sure you get all documents required. Look closely for possible forgeries in these documents. You will then ensure the documents match up with the I-9. Then keep the I-9 for a minimum of three years, or one year after employment. It’s important to note that the INS can give you notice to inspect the I-9, without a warrant or subpoena. If they ask for the documentation, you have three days to give it.

You should also never tell your new employee what documents to give you; this is his or her job. Also, if the document is a copy, you need the original. And finally, only reject a document if it’s clearly a fake.

Getting Help
Immigration through employment may sound complicated and dangerous. However, if you hire proper legal representation to ensure no mistakes are made, if you follow the above laws and tips, you can benefit from a new employee with unique talents and knowledge.

August 18, 2010

Illegal Immigration FAQ

This blog guide focuses on the argument of illegal immigration, the problems it has caused, and also the benefits of having illegal immigrants in the country. That last point may confuse you:  pros of illegal immigration? There are some clear reasons illegal immigrants can help our country. Though this issue is very divisive, it’s too important to ignore. Let’s start with why immigrants are coming to the United States illegally.

Why are they immigrating illegally?
America was once considered the place where dreams happened. It quite often still is. Even with our recent economic downturn, even with job loss in recent years, it’s still the place with the most opportunities for most in the Western Hemisphere. You can quite often live a safer live, work a job which pays more, and give more opportunities to your children. You have far more rights than most countries – you can sue, get proper medical care, and vote in elections. These may seem simple, but to many they are big benefits. People immigrate to the U.S. for better lives.

The Pros of Illegal Immigration

While you may think immigrants take jobs, some say they keep the economy going by fulfilling low-paying jobs. This may not seem fair, but quite often its much more than they would make in their native country. You then get a better state of life; where some families are forced to live on several dollars a day in other countries, in the U.S. jobs allow you to live much better.

Also, illegal immigrants pay taxes in the billions. They pay sales taxes, but also in some cases real estate taxes. If they are made permanent residents, they also pay income tax. And in either case, they buy things far beyond food. In terms of the economy, they are not a drain, but a boost.

Cons of Illegal Immigration
Beyond the simple fact illegal immigrants break the laws by staying here, some also commit other crimes. Drug trafficking, for example, is a problem on the Mexican border. Drugs bring new criminals to the country, while also damaging the lives of those who use them. Because of the increased crime rate, local, state, and federal governments have to hire more personnel and spend more funds. One controversial point is that illegal immigrants also come here solely because of government support systems such as welfare and disability.

The Winner?

Both sides have clear cases. The pros are mainly economic, while the cons are mostly criminal law points. There is no winner. Illegal immigration is a problem with no easy solution. It is important to remember both sides have points. Some of the above may be disagreeable to you, and in a free country, you’re allowed to say so. Some immigrants simply want a better life where they can support their families with honest work and have the rights to freedom and liberty.

August 2, 2010

5 Answers On Choosing from Many Immigration Lawyers

One common problem faced by immigrants unaware of immigration laws is how to get the correct information and the right representation. This process can be very difficult when you are choosing between literally thousands of qualified lawyers. On the other hand, you may have hired an immigration lawyer, but want a new one. In cases where you hired the wrong lawyer, this blog guide gives some tips, along with how to choose between the great number of lawyers available.

Where do you find them?

You can find immigration lawyers through references, by going to local offices, looking online, and also by making some phone calls. It does depend on where you are. Say you are interested in getting a green card. In this case, you can hire a lawyer from just about anywhere in the U.S., but the closer to you the better. You may want to make a visit here with the goal of finding a lawyer. If you go to a big city, there are quite often immigration lawyers available. On the other hand, you may prefer choosing one online, as you have literally thousands of options, you can find out rates, and you can see experience.

Can you fire your lawyer?

You can almost always fire your lawyer when it comes to any legal matter. It may get complicated if you have an ongoing immigration case, but there is no point where you can’t fire them; it’s your legal right. You will still have to pay whatever fees were involved up to the point you fired them.

What if your lawyer fails?
Quite often lawyers promise their clients too much in the hopes of getting money. In any legal matter, there is a chance of failure. Just because you, for example, failed to become a naturalized U.S. citizen does not mean you fire your lawyer. If you feel your lawyer acted in the wrong, made too many mistakes, or charged you too much, you may consider going ahead and firing them.

How much does it cost?
Immigration to the United States is not always easy nor cheap. It takes some time for you to get a green card or citizenship, unless you have immediate family in the country. However, immigration lawyers know that immigrants rarely are rich when they come here; they come for the opportunity to make more. The best way to find out rates is to consult with 5-10 immigration lawyers about rates, if not more.

How do you hire the right one?
We just mentioned one part of this answer: consult with a good number of lawyers. Don’t hire the cheapest one or the one who promises it will be an easy case. Immigration is rarely if ever a simple process; it takes time and hard work. Focus on experience, availability, rates, and how well you get along with the lawyer.

July 26, 2010

What You Need to Know About Immigration Reform

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

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

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

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

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

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

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

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

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

July 23, 2010

6 Ways an Immigration Lawyer Saves You Time and Headaches

Your immigration lawyer is like a lifeline in the ocean – well, maybe more like the boat coming to the rescue. Immigration problems occur in volume. Millions apply for green cards every year, while only a certain number are allowed in the U.S. And only so many immigrants are made citizens every year. Your immigration lawyer can save you a lot of time and headaches when it comes to this process. How?

Saving Time In the Beginning
You can avoid many mistakes in your initial process by hiring an experienced immigration lawyer. A lawyer can help with any and all documentation you have. He or she can help you with the basics, really. You need to know eligibility for one, and also the laws.

Know the Laws
It’s a big problem if you’ve been in the U.S. illegally before. It’s a big problem if you have a criminal record. But these are not insurmountable situations. First, a lawyer can answer any law questions you or a loved one might have. He or she can help you get sponsored for a green card. A lawyer can explain what laws you broke and how this will effect your eligibility. The laws can be complex – even U.S. citizens are unaware of many. So a lawyer’s help can save you from legal mistakes.

Know Your Rights
Even if you only have a temporary visa or green card, you do have rights. If you are a permanent resident, common assumptions are to think you cannot work, get benefits, or attend schools. These are in fact three of the biggest benefits of getting your green card. You can work in any job, go to any public school or college, and also be eligible for medical coverage and Social Security in some cases.

Earning Citizenship

Citizenship has many advantages over permanent residency. For one, you can vote, serve in all branches of the armed forces, be automatically eligible for Social Security and Medicare benefits, and sponsor other loved ones for green cards if not citizenship. However, this process is legally complicated, and without a lawyer helping you file, the chance of failure is quite high.

Saving Money
You can save a lot of money by hiring the right immigration lawyer from the start. Many get caught trying to save some money by hiring an inexperienced lawyer. This in fact costs you more money than it saves you. It’s quite likely your case will not be a priority. You want someone who’s helped others successfully immigrate legally and for a fair price. A good lawyer may cost you more on paper, but he or she will save you a lot of time and hassle.

Questions
The best asset an immigration lawyer gives you is being able to answer any and all legal questions you may have. You are likely unaware of many laws, you might have trouble with the English language, you may have a criminal history or you were here illegally once – whatever the questions you have, your lawyer’s job is to answer them.

July 19, 2010

Your Rights As a U.S. Permanent Resident

You have many rights as a permanent resident of the United States. This is not about being looked at as a secondary citizen. In fact, permanent residents are immigrants who get many of the rights all citizens get, such as being able to live and work in the United States. That makes successfully getting your green card – becoming a permanent resident – more valuable than ever. While the U.S economy may be coming out of a depression, immigrants come here by the thousands every year. Why? The jobs are some of the best in the world, the rights are the best in the free world, education is highly respected, and people who are struggling can quite often get help from the government.

Yes, immigrating to the U.S. is a boon. You can raise a family, get a high-paying job, and let your children reap the rewards of your decision. But, what rights do you really have? What if you are not a permanent resident yet? And how can you become a naturalized U.S. citizen?

What Rights You Have

We went over perhaps the greatest right you have: to live and work anywhere in the U.S. This is much bigger than you can imagine. Yes, the U.S economy has struggled, but already in 2010 new jobs are being created in states by the thousands. Those with an education are competing for many opportunities. But those out of work are also being given new opportunities in education and training. To put it simply, being able to work in the U.S. can change your life immediately, especially if you’re naturally a hard worker.

You have the right to apply for U.S. citizenship, which can only give you more opportunities. In some cases, you can get Social Security Income and medical coverage. You can apply for a drivers license, being able to drive anywhere you want legally. You can go to a public school or college, a right your children have too. There are many more, such as being able to join the U.S. army, but let’s go over how you can get your green card and become a permanent resident.

How to Become a Permanent Resident of the U.S.

In cases where you lack your green card and want to enjoy the advantages of being a resident of the U.S., you need an experienced immigration lawyer. A good one can help you not only get your green card, but help you earn citizenship. Only so many immigrants are given green cards every year. You must be sponsored by a family member or employer in order to come here; you can’t just apply. If you have immediate family or a spouse here, they can sponsor you and your chances of acceptance are much higher.

How to Earn U.S. Citizenship

If you get your green card, it’s time to start thinking about citizenship. Citizenship opens many doors for you, including more rights when you are struggling financially, better opportunities for medical coverage, and the ability to leave the country and return as often as you want. Here again you need a professional immigration lawyer. He or she can help you successfully apply for citizenship, which happens to over 1 million immigrants every year.

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