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September 27, 2010

What is the Green Card Lottery?

Why have a lottery involved in immigration? Well, for immigrants it’s a big benefit and helps when those wanting to immigrate to the United States. The problem is one of the green card process; as so many apply for green cards, you may have to wait your turn in order to be eligible. Sometimes you can come via other means, such as asylum or refuge status, though those are rare. More commonly immigrants are sponsored by immediate family, such as spouses who already are citizens or have a green card.

So how can the green card lottery help you? What is it exactly? Let’s find out.

What is it?
The green card lottery is a system designed to give more opportunities countries who do not send many immigrants to the U.S. According to the government, “Each year, 50,000 immigrant visas are made available through a lottery to people who come from countries with low rates of immigration to the United States.” That means if you are from Mexico, for example, you would not be eligible for the lottery. But if you came from a smaller country or one where immigration to the U.S. is less common, you would be eligible.

How can you win?
The process can be somewhat complex, but here is what basically happens. The State Department holds the lottery every year, always getting a high number of applicants. 110,000 of these applicants are randomly chosen, and from that list 50,000 are given green cards. While 110,000 are singled out, many do not complete the process. If at the end of the year less than 50,000 immigrants have immigrated, the contest ends; or, if 50,000 is reached earlier than the end of the year, it’s then closed. That’s how it works.

But that doesn’t necessarily help you win. There is no trick to winning, and anyone who promises you an “in” to winning is likely either trying to steal your money or breaking laws. However, you should be aware if your country is eligible to apply, then apply if you are eligible, and you might know.

How do you apply?
The system is now based online, here. You may consider consulting with an experienced immigration lawyer if you are unsure of the process. It’s important to fill out the application in it’s entirety, and to do so online instead of sending it in. According to the main site just references, “ Millions of applications are rejected each year for failure to follow the directions.” If you fill it out incorrectly or not completely, you will be disqualified.

Who can help?

You can have someone help you fill out the application, such as a family member or a lawyer. There is no rule against that. If you submit, even accurately, it does not mean you will win. And simply being accepted also does not mean you’ll get the green card; remember that 110,000 are accepted, but only 50,000 are taken. If you fail to win the lottery, your chances of immigration are far from over. You can consult with an immigration lawyer on how best to become a permanent resident of the U.S. via other means.

September 20, 2010

What is an Immigration Background Check?

If you’re an immigrant, the idea of a background check may be scary. You sometimes don’t know what will come up. If you have a criminal history, it does not mean you will be denied entry, meaning you’re denied the right to live and work here in the U.S. as a permanent resident. It does mean you should follow the tips in this blog guide, most importantly in hiring an immigration lawyer.

What is the background check?
When you move to just about any country, you will have to submit to an investigation of who you are, what you do, and what problems you may have had. If you have a criminal history, obviously that will show up on your background check. In the U.S. and in many other countries, the rise of terrorism has made the background check more important. If you have a minor criminal history, you will not always have problems. But, if you have a long history of drug violations and drug trafficking, that’s a red flag, especially to U.S. custom officials.

Who checks?
You will be checked first by the IBIS (Interagency Border Inspection Service) for your name, then FBI (Federal Bureau of Investigation) fingerprint and name check. If the FBI check throws up some red flags, your case may be reviewed by the USCIS.

The FBI Check typically only takes 1-2 days. You may be investigated if said red flags pop up. The USCIS will have final say on whether you can be permitted a green card in the event you have a criminal record. For example, you may have been arrested as an illegal immigrant before, this comes up on a background check, and you are denied entry. Or you may simply have a drug trafficking history, therefore being a danger to society, and denied entry.

Getting Legal Help
You may want to find out what a background check says about you. While there are many systems for doing this, you’ll be needing legal representation if you want to immigrate. Now, it’s important to know what’s on your background check not only because it may affect your entry but because there may be errors on your background. You may have had no charges at all, only to find a violation on your record. A lawyer can consult with you on correcting such errors. More importantly, a lawyer gives you a high chance of successful immigration to the U.S.

Unsure if you need a lawyer? Most offer free consultations to prospective clients. You can find many in online directories and on blogs like this one. While lawyers do charge you a fee, solving problems like incorrect background information, and filling out documents correctly can really help your immigration status.

September 15, 2010

Getting Jobs – A Major Benefit of Immigrating to the U.S.

While it’s rarely overlooked, the point of this blog post is rarely made – that immigrants do come here for better jobs, that getting a green card can help you financially, and that citizenship allows you the most success as a worker in the world.

Why Immigrate?
Immigrating to the United States has almost solely been driven by employment reasons. Many do come here to reunite with families, and to escape troubled countries, but the main reason is for employment, both in our past and currently. Immigrating to the U.S. gives you and your family better opportunities. Simply put, the U.S. has some of the highest paying jobs in the world, especially when compared to less economically sound countries like Mexico.

Can You Work Here?
If you want to work in the  U.S. you need an immigrant visa. You can get a green card via employment when sponsored by an employer. The more common ways are to be sponsored by immediate family. If you marry a U.S. citizen, you have a right to apply for an immigrant visa. If your spouse only has a green card, the process does take longer. Immediate family can also sponsor you for a green card.

Benefits of a Green Card
A green card is the first step in earning citizenship. Once you’ve been in the U.S. consistently for five years, you can apply for citizenship. A green card grants you the right to live and work in the U.S., to start a family, and for your children born in the U.S. to become citizens immediately. You can also study at top schools, learning valuable talents so you can get some of the best jobs available.

Employment
As of this writing, the U.S. is going through a recession. But still all kinds of jobs, from labor to technical, are needed, and immigrants can fill them. One mistake many make is that immigrants take away citizen’s jobs. In fact, immigrants fill unwanted jobs, add money to the economy, and also add value to businesses by achieving in more technical jobs.

Just coming to the U.S. does not immediately mean you will get the best job available. With almost 10% of the population unemployed, many are out of work. However, if you put time and money into learning a skill, there will always be opportunities. Immigrants fill hundreds of thousands of jobs every year, and not just low-paying jobs. If you have a skill, a business will put value on your services.

Citizenship and Benefits
Say you get a green card. You live, work, and study here for 5 years, and then become a naturalized U.S. citizen. By putting the time in working and studying, you’ve likely increased the value of your services. There is no guarantee of a high-paying job, but there is a good chance. Perhaps more importantly, as a U.S. citizen you are paying taxes; this helps more than the government as you are eligible for unemployment and other benefits of being a citizen. By paying taxes, you will also be eligible for social security benefits at retirement age or if you become disabled.

Getting jobs in the U.S. has not been easy in the past years. But immigrants who put the time and effort into learning skills are prized by employers who always have a demand for talented, hard working individuals.

September 10, 2010

6 Naturalization Laws You Need to Know

If you’re interested in becoming a U.S. citizen, knowing how immigration laws work is important. Therefore, this guide will go over some common naturalization laws you should know. If you are insure of any of these steps, consult with an experienced immigration lawyer.

Citizenship Through Marriage

You can become a permanent resident of the United States (meaning you get a green card) by marrying a U.S. citizen. You then can become naturalized yourself, though instead of waiting the full five years, a little known fact is that you can in fact apply in three years. You will still have to pass tests and follow laws, but the process can be shorter.

Naturalization by Birth

Perhaps the easiest way to become a U.S. citizen is to be born in this country. Not all countries use this law, where simply being born on U.S. soil grants you citizenship, something which can never be taken away. This does not help those who were born elsewhere, but if you have children on U.S. soil, even as a permanent resident those children will then be considered U.S. citizens.

Green Card Leads to Naturalization
It takes 5 years after getting your green card to become a U.S. citizen. This is the most common way to get your green card. How do you get the green card in the first place? You can be sponsored by family or an employer. If immediate family sponsors you and they are U.S. citizens, the process only takes a few months.

Breaking Laws
U.S. citizens cannot be deported, but permanent residents can. There are three main types of crimes: infractions, misdemeanors, and felonies, in that order of seriousness. It’s important to avoid breaking major laws because the worse the penalty and the greater the chance of jail time the more likely you will be deported. U.S. citizens have to follow laws too, but cannot be deported.

Protection of Citizenship
Citizenship, as just noted, grants you the right to live in the U.S. as long as you want, to leave whenever you want, and to never be deported for breaking criminal laws. You will still be punished for crimes, but you have protection from deportation.

Tests
In order be naturalized, immigrants need to take tests showing knowledge of  U.S. history and laws, an ability to read and write in English, and a willingness to swear an oath to this country.

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.

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